Quashing of Crpc 151,107,116

Tilak Marg Forum for Legal Questions Forums Criminal Law Quashing of Crpc 151,107,116

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    • #4433

      Sir I was wrongly implicated in crpc 151,116,107.I am preparing for govt.job and I clear my mains exam and I was awaiting for police verification form.I want to remove my name from police records it is possible to remove my name however I am innocence

    • #4441

      Section 151 Cr.P.C. is for preventive arrest, which is for a maximum of 24 hours (except in Maharashtra, where a longer period is possible as per a State Amendment). This period must already have been over.

      Proceedings under Section 107 read with Section 116, are for obtaining security / bond for keeping peace from a person who is likely to commit a breach of peace, etc.

      These are basically preventive measures to avoid future incidents, and NOT for any offence already committed. Usually, this would not come in the way of getting a Government job. However, you must transparently mention the details of all such proceedings against you in the police verification form and should not conceal any such information.

      If the above proceedings are already over and if the security / bond period is also already over, then it would not be possible to challenge them because the matter would have already been closed. But, if these proceedings or the bond period is still continuing, then you can challenge such proceedings in accordance with provisions of Chapter 8 of the Criminal Procedure Code, in particular, Section 123 thereof, or under Section 482 Cr.P.C. if the circumstances of the case so permit.

           


      Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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