Section 116 CrPC: Inquiry as to truth of information

What Section 116 CrPC Says

116. Inquiry as to truth of information

(1) When an order under section 111 has been read or explained under section 112 to a person present in Court, or when any person appears or is brought before a Magistrate in compliance with, or in execution of, a summons or warrant, issued under section 113, the Magistrate shall proceed to inquire into the truth of the information upon which action has been taken, and to take such further evidence as may appear necessary.

(2) Such inquiry shall be made, as nearly as may be practicable, in the manner hereinafter prescribed for conducting trial and recording evidence in summons-cases.

(3) After the commencement, and before the completion, of the inquiry under sub-section (1), the Magistrate, if he considers that immediate measures are necessary for the prevention of a breach of the peace or disturbance of the public tranquillity or the commission of any offence or for the public safety, may, for reasons to be recorded in writing, direct the person in respect of whom the order under section 111 has been made to execute a bond, with or without sureties, for keeping the peace or maintaining good behaviour until the conclusion of the inquiry, and may detain him in custody until such bond is executed or, in default of execution, until the inquiry is concluded:

Provided that—

(a) no person against whom proceedings are not being taken under section 108, section 109, or section 110 shall be directed to execute a bond for maintaining good behaviour;

(b) the conditions of such bond, whether as to the amount thereof or as to the provision of sureties or the number thereof or the pecuniary extent of their liability, shall not be more onerous than those specified in the order under section 111.

(4) For the purposes of this section the fact that a person is an habitual offender or is so desperate and dangerous as to render his being at large without security hazardous to the community may be proved by evidence of general repute or otherwise.

(5) Where two or more persons have been associated together in the matter under inquiry, they may be dealt with in the same or separate inquiries as the Magistrate shall think just.

(6) The inquiry under this section shall be completed within a period of six months from the date of its commencement, and if such inquiry is not so completed, the proceedings under this Chapter shall, on the expiry of the said period, stand terminated unless, for special reasons to be recorded in writing, the Magistrate otherwise directs:

Provided that where any person has been kept in detention pending such inquiry, the proceeding against that person, unless terminated earlier, shall stand terminated on the expiry of a period of six months of such detention.

(7) Where any direction is made under sub-section (6) permitting the continuance of proceedings the Sessions Judge may, on an application made to him by the aggrieved party, vacate such direction if he is satisfied that it was not based on any special reason or was perverse.

Source: Section 116, Code of Criminal Procedure, 1973

Section 116 CrPC in Simple Words

When Section 116 CrPC Applies

• Under Section 116(1) CrPC the Magistrate shall proceed to inquire into the truth of the information upon which action has been taken when an order under Section 111 CrPC has been read or explained under Section 112 CrPC to a person present in Court.
• Under Section 116(1) CrPC the Magistrate shall also proceed to inquire when any person appears or is brought before the Magistrate in compliance with, or in execution of, a summons or warrant issued under Section 113 CrPC.
• Under Section 116(2) CrPC the inquiry shall be made, as nearly as may be practicable, in the manner that the Code prescribes for conducting trial and recording evidence in summons-cases.
• Under Section 116(3) CrPC, after the commencement and before the completion of the inquiry, the Magistrate may, for reasons to be recorded in writing, direct the person in respect of whom the order under Section 111 CrPC has been made to execute a bond, with or without sureties, for keeping the peace or maintaining good behaviour until the conclusion of the inquiry.
• Under Section 116(4) CrPC the fact that a person is an habitual offender or is so desperate and dangerous as to render his being at large without security hazardous to the community may be proved by evidence of general repute or otherwise.
• Under Section 116(5) CrPC, where two or more persons have been associated together in the matter under inquiry, they may be dealt with in the same or separate inquiries as the Magistrate shall think just.
• Under Section 116(7) CrPC, where any direction is made under Section 116(6) CrPC permitting the continuance of proceedings, the Sessions Judge may, on an application made by the aggrieved party, vacate such direction if satisfied that it was not based on any special reason or was perverse.

Time Limits Under Section 116 CrPC

• Under Section 116(6) CrPC the inquiry shall be completed within a period of six months from the date of its commencement.Act text: “The inquiry under this section shall be completed within a period of six months from the date of its commencement”
• If the inquiry is not so completed, the proceedings under the Chapter shall, on the expiry of that period, stand terminated unless, for special reasons to be recorded in writing, the Magistrate otherwise directs.Act text: “if such inquiry is not so completed, the proceedings under this Chapter shall, on the expiry of the said period, stand terminated unless, for special reasons to be recorded in writing, the Magistrate otherwise directs”
• Under the proviso to Section 116(6) CrPC, where any person has been kept in detention pending the inquiry, the proceeding against that person, unless terminated earlier, shall stand terminated on the expiry of a period of six months of such detention.Act text: “the proceeding against that person, unless terminated earlier, shall stand terminated on the expiry of a period of six months of such detention”
• Under Section 116(3) CrPC the bond is for keeping the peace or maintaining good behaviour until the conclusion of the inquiry, and the person may be detained in custody until the bond is executed or, in default of execution, until the inquiry is concluded.Act text: “until the conclusion of the inquiry, and may detain him in custody until such bond is executed or, in default of execution, until the inquiry is concluded”

Example of Section 116 CrPC

When Section 116 CrPC Does Not Apply

• Section 116(3)(a) CrPC speaks of a bond for maintaining good behaviour. It does not deal with a bond for keeping the peace.
• Section 116(2) CrPC speaks of the manner prescribed for summons-cases. It does not deal with the manner of conducting a trial in warrant-cases.

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