Sec 107 of CrPC imposed for first time in Hyderabad to prevent gang clash

Hyderabad: For the first time, the Hyderabad police have imposed Section 107 of the CrPC in an attempt to avoid any breach of peace or disturbance to the public through fights or other activities between two gangs in the Old City.

Why is it being imposed?

On Monday, the Hyderabad commissioner of police and additional district magistrate (executive), C.V. Anand, held court at the office of the commissioner of police in Banjara Hills. He examined the information presented to him by the SHO of Rein Bazar police station following a dispute between two groups—one led by Mohd. Abdul Basith and four others and another led by Mohd. Abdul Rawoof, a rowdy sheeter over a piece of property. The property is located in Yakuthpura, Hyderabad, and belongs to the late Sandhya, who died in 1996, leaving behind her husband.

The commissioner of police and additional district magistrate (executive) heard the SHO present the case facts as well as the rival parties' perspectives. Following this, the commissioner directed each party to execute a bond of Rs. 25,000 with two sureties and adjourned the matter to 23 December.

According to the commissioner, section 107 of the CrPC is a very important instrument for controlling rival groups that disturb public peace, and the power of the executive magistrate of a police commissioner can be used effectively to preserve calm in the area. The CP said that these powers will be employed in the future to restrict illegal and unlawful activities of rowdies, gangs, and warring gangs, and that more such gangs engaging in group rivalry and assaults, battling over religious places, lands, and properties, and so on would be bound over.

What is Section 107 of the CrPC?

Section 107 empowers the executive magistrate to take into custody or apprehend a person before an offense is committed. Only if the accused fails to execute and abide by the bond issued by the magistrate is he placed in detention.

When an executive magistrate receives information from a reliable source about a person who is suspected of disturbing public tranquility, endangering public harmony, or committing any other wrongful act, the magistrate can summon that person and question him about why he should not be compelled to agree to the bond (with or without surety) for maintaining peace for a requisition.

A press note issued by the Hyderabad city police read, "Section 107 CrPC is an effective means of preventing breach of peace or disturbance of public tranquility in connection with religious processions, festivals, fairs, elections, political movements, or other disputes between groups/factions that may cause a breach of peace or disturbance of public tranquility and may require such person to show cause why he should not be ordered to execute a bond, with or without sureties, for keeping peace and good behavior. It is not always necessary for two sides to be pitted against each other."

Before beginning the procedures, the police will gather evidence from those who are familiar with the facts of the case, the exact occasion on which the breach of the peace is expected, or the existence of circumstances that are likely to lead to the breach. If any person or group does an act that disturbs the peace and public tranquility in the region, he or she can be bound under Section 107 of the Penal Code by instructing them to execute bonds to keep the peace in the area.