SEARCH WARRANT :
According to Section 93, a search warrant can be issued only in the following cases:
(1) where the Court has reason to believe that a person summoned to produce any document or other thing will not produce it;
(2) where such document or thing is not known to the Court to be in the possession of any person; or
(3) where a general inspection or search is necesary. However, a search warrant may be general or restricted in its scope as to any place or part thereof.
But such warrant shall not be issued for searching a document, parcel or other thing in the custody of the postal or telegraph authority, by a magistrate other than a District Magistrate or Chief Judicial Magistrate, nor would such warrant be issued so as to affect Sections 123 and 124 of the Indian Evidence Act, 1872 or the Bankers’ Book Evidence Act, 1891.
In terms of Section 97 any District Magistrate, Sub-Divisional Magistrate or Magistrate of the first class who has reasons to believe that any person is confined under such circumstances that the confinement amounts to an offence, he may issue a search warrant for the search of the person so confined. The person if found shall be immediately produced before the Magistrate for making such orders as in the circumstances of the case he thinks proper.
(i) Security for keeping the peace and for good behaviour
The provisions of Chapter VIII are aimed at persons who are a danger to the public by reason of the commission of certain offences by them. The object of this chapter is prevention of crimes and disturbances of public tranquillity and breach of the peace.
Security for keeping the peace on conviction
When a Court of Session or Court of a Magistrate of first class convicts a person of any of the offences specified in sub-section (2) or of abetting any such offence and is of opinion that it is necessary to take security from such person for keeping the peace, the Court may, at the time of passing sentence on such person, order him to execute a bond, with or without sureties, for keeping the peace for such period, not exceeding three years, as it thinks fit.
The offences specified under sub-section (2) are as follows:
(a) any offence punishable under Chapter VIII of the India Penal Code 1860.
(b) any offence which consists of or includes, assault or using criminal force or committing mischief;
(c) any offence of criminal intimidation;
(d) any other offence which caused, or was intended or known to be likely to cause a breach of the peace.
However, if the conviction is set-aside on appeal or otherwise, the bond so executed shall become void. (Section 106)
Security for keeping the peace in other cases
When an Executive Magistrate receives information that any person is likely to:
(i) commit a breach of peace; or
(ii) disturb the public tranquillity; or
(iii) do any wrongful act that may probably occasion a breach of the peace; or disturb the public tranquillity;
he may require such person to show cause why he should not be ordered to execute a bond for keeping the peace for a period not exceeding one year as the Magistrate deem fit. (Section 107)
(ii) Maintenance of public order and tranquillity
A–Unlawful assemblies
Dispersal of assembly by use of civil force
Any Executive Magistrate or office in-charge of a police station or, in the absence of such officer in-charge, any other officer not below the rank of sub-inspector may command any unlawful assembly or any assembly of five or more persons likely to cause a disturbance of the public peace, to disperse and it shall be thereupon the duty of the members of such assembly to disperse accordingly.
If any such assembly does not disperse or conducts itself in a manner as to show a determination not to
disperse, any Executive Magistrate or police officer referred to above may proceed to disperse such assembly
by force and may require the assistance of any male person not being an officer or member of the armed forces
and acting as such, for the purpose of dispersing such assembly and if necessary arresting and confining the
persons who form part of it, in order to disperse such assembly. (Section 129)
Use of armed forces to disperse assembly
If any such assembly cannot be otherwise dispersed, and if it is necessary for the public security that it should be dispersed, the Executive Magistrate of the highest rank who is present may cause it to be dispersed by the armed forces and to arrest and confine such persons in order to disperse the assembly or to have them punished.
Section 132 protects persons for any act purporting to be done under Sections 129 to 131. No prosecution shall be instituted against such persons in any criminal Court except with the sanction of Central Government if the person is an officer or member of the armed forces or with the sanction of State Government in any other case. (Section 130)
B–Public nuisances
Conditional order for removal of nuisance
Section 133 lays down the following public nuisances which can be proceeded against:
(1) the unlawful obstruction or nuisance should be removed from any public place or from any way, river or channel which is or may be lawfully used by the public; or
(2) carrying on any trade or occupation, or keeping of any goods or merchandise, injurious to the health of the community; or
(3) the construction of any building or the disposal of any substance, as is likely to cause conflagration or explosion; etc.
(4) the building, tent or structure near a public place.
(5) the dangerous animal requiring destroying, confining or disposal.
For initiating prevention under this Section the Magistrate should keep in mind that he is acting purely in the public interest. For the applicability of clause A, the public must have the right of way which is being obstructed.
Power to issue order in urgent cases of nuisance or apprehended danger
As per Section 144 of the Code where in the opinion of a District Magistrate, a Sub-divisional Magistrate or any other Executive Magistrate specially empowered by the State Government in this behalf, there is sufficient ground for proceeding under this Section and immediate prevention or speedy remedy is desirable, in such cases the Magistrate may by a written order stating the material facts of the case and served in the manner provided by Section 134, direct any person to abstain from a certain act or to take certain order with respect to certain property in his possession or under his management, if such Magistrate considers that such direction is likely to prevent or tends to prevent, obstruction, annoyance of injury to any person lawfully employed, or danger to human life, health or safety or a disturbance of the public tranquillity, or a riot, or an affray.
An order under this Section may be passed ex-parte in cases of emergency or in cases where the circumstances do not admit of the serving of notice in due time upon the person against whom the order is directed. An orderunder this Section can remain in force for two months, and may be extended further for a period not exceeding six months by the State Government if it considers necessary.