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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