Criminal Procedure Code 63 (3) An inquiry under this section shall be made as nearly as may be practicable in the manner hereinafter prescribed for conducting summary trials before Magistrates except that no charge need be framed. (4) For the purpose of this section the fact that a person is a habitual offender may be proved by evidence of general repute or otherwise. Order to give security 74. If upon such inquiry it is proved that it is necessary for keeping the peace or maintaining good behaviour as the case may be that the person in respect of whom the inquiry is made should execute a bond with or without sureties the Magistrate shall make an order accordingly: Provided that— (a) no person shall be ordered to give security of a nature different from or for an amount larger than or for a period longer than that specified in the summons or warrant issued under section 70, if any; (b) the amount of every bond shall be fixed with due regard to the circumstances of the case and shall not be excessive, but shall be such as to afford the person against whom the order is made a fair chance of complying with it; (c) when the person in respect of whom the inquiry is made is not competent to contract the bond shall be executed only by his sureties. Discharge of person informed against 75. If on an inquiry under section 73 it is not proved that it is necessary for keeping the peace or maintaining good behaviour, as the case may be, that the person in respect of whom the inquiry is made should execute a bond the Magistrate shall make an entry on the record to that effect and if that person is in custody only for the purposes of the inquiry, shall release him or, if he is not in custody, shall discharge him.

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