New Delhi, Aug 16: With the Government stepping up the rhetoric justifying its action that led to Anna Hazare arrest, in a press meeting that was convened by Home Minister P Chidambaram, Telecom Minister Kapil Sibal and Information and Broadcasting Minister Ambika Soni, the matter was further clarified on the various sections that led to the Gandhians arrest.
Chidambaram stated that Hazare was arrested under two sections namely Section 107 and Section 141 of the Criminal Procedure Code (CrPC).
Section 107 of the Criminal Procedure Code states –
1) When an Executive Magistrate receives information that any person is likely to commit a breach of the peace or disturb the public tranquility or to do any wrongful act that may probably occasion a breach of’ the peace or disturb the public tranquility and is of opinion that there is sufficient ground for proceeding, he may in the manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond 1[with or without sureties] for keeping the peace for such period, not exceeding one year, as the Magistrate thinks fit.
(2) Proceeding under this section may be taken before any Executive Magistrate when either the place where the breach of the peace or disturbance is apprehended is within his local jurisdiction or there is within such jurisdiction a person who is likely to commit a breach of the peace or disturb the public tranquility or to do any wrongful act as aforesaid beyond such jurisdiction.
Section 141 of CrPC states –
(1) When an order has been made absolute under Section 136 or Section 18, the magistrate shall give notice of the same to the person against whom the order was made, and shall further require him to perform the act directed by the order within a time to be fixed in the notice, and inform him that, in case of disobedience, he will be liable to the penalty provided by Section 188 of the Indian Penal Code.
(2) If such act is not performed within the time fixed, the magistrate may cause it to be performed, and may recover the costs of performing it, either by the sale of any building, goods or other property removed by his order, or by the distress and sale of any other movable property of such person within or without such magistrate’s local, jurisdiction and if such other property is without such jurisdiction, the order shall authorize its attachment and sale when endorsed by the magistrate within whose local jurisdiction the property to be attached is found,
(3) No suit shall lie in respect of anything done in good faith under this section.