CrPC Section 138
⚖️ Section 138 – Procedure where he appears to show cause
🔹 Context:
This section is part of Chapter VIII of CrPC, which deals with “Security for keeping the peace and for good behaviour” — specifically related to Section 107, which allows an Executive Magistrate to require a person to show cause why they should not be ordered to give security.
🔹 Legal Provision (in simple terms):
When a person appears in response to a show cause notice issued under Sections like 107, 108, 109, or 110, the following steps are taken:
The Magistrate inquires into the truth of the information upon which action was initiated.
The inquiry is conducted as far as practicable in the manner prescribed for trial of summons cases.
If the Magistrate is satisfied that there is sufficient ground to proceed, they may order the person to execute a bond (with or without sureties) for a specified period to:
Keep the peace (under Section 107), or
Maintain good behaviour (under Sections 108–110).
🔹 Key Points:
This is not a trial for an offence, but a preventive proceeding.
The Magistrate must follow a fair inquiry process.
If the person fails to show good cause and the information is found to be true, the Magistrate can require a bond for up to one year (depending on the section invoked).
🔹 Example:
If someone is believed to be inciting communal tension, they may be summoned under Section 108. At the hearing (as per Section 138), if the court finds the allegations credible, the person may be ordered to sign a bond for good behaviour for up to a year.
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