Powers of Magistrate to Require Persons to Execute Bonds
Section 70 of the Criminal Procedure Act grants a magistrate the authority to take preventive measures when there is credible information that someone is likely to disturb public peace or commit an act that could lead to such disturbance. Specifically, subsection (1) allows a magistrate, upon receiving information on oath (usually from the police or a concerned individual), to summon the person suspected of potential misconduct and require them to explain why they should not be ordered to enter into a bond a formal promise, possibly with sureties to keep the peace for a period not exceeding one year. This is a preventive rather than punitive measure intended to maintain public order. Subsection (2) limits the magistrate’s powers to cases where the person involved or the location of the potential breach of peace falls within the magistrate’s geographical jurisdiction, ensuring legal boundaries are respected.
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