CrPC Section 122
Section 122 of the Criminal Procedure Code (CrPC), 1973 – Powers of Magistrate to Enquire into Acts Affecting the Public Peace
Overview:
Section 122 of the CrPC empowers a Magistrate to inquire into any act or conduct which appears to be prejudicial to the public peace or tends to cause a breach of the peace. This section gives Magistrates the authority to proactively prevent disturbances and maintain public order by investigating suspicious or provocative activities.
Text of Section 122 (Simplified):
When it appears to a Magistrate that any act or conduct is prejudicial to public peace, or is likely to cause a breach of the peace, the Magistrate may:
Inquire into the facts and circumstances of the act or conduct.
Take appropriate measures to prevent the breach of peace or remove the cause of disturbance.
Detailed Explanation:
Purpose of Section 122:
To enable Magistrates to take preventive action against any activity that threatens public tranquility.
To investigate situations that may lead to riots, violence, or disorder.
Scope of Inquiry:
The Magistrate may initiate an inquiry on their own motion or based on complaints.
The inquiry is to determine whether the act or conduct actually threatens public peace.
Types of Acts Covered:
Speeches or writings inciting violence,
Public assemblies likely to cause unrest,
Actions of individuals or groups that disturb communal harmony,
Any conduct that might lead to law and order problems.
Powers During Inquiry:
The Magistrate can summon witnesses, examine evidence, and record statements.
Can issue orders, including prohibitory orders or security bonds, to prevent disturbances.
Preventive Nature:
This section is preventive rather than punitive.
The focus is on stopping potential disturbances before they escalate.
Relation to Other Sections:
Works in conjunction with Sections 107, 110, 111, and 144 of the CrPC which deal with security and preventive orders.
Supports the enforcement of law and order proactively.
Practical Implications:
Enables quick Magistrate action in sensitive communal or political situations.
Helps prevent riots or violence by early intervention.
Provides legal backing for Magistrates to control inflammatory behavior or gatherings.
Summary:
Section 122 of the CrPC empowers Magistrates to inquire into acts or conduct prejudicial to public peace and take necessary steps to prevent breaches of peace. It is a preventive legal tool aimed at maintaining public order and avoiding conflict escalation.
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