[Rev. 2012]
Criminal Procedure Code
CAP. 75
50. Copy of order under section 47 to accompany summons or warrant
Every summons or warrant issued under section 49 shall be accompanied by
a copy of the order made under section 47, and the copy shall be delivered by the
officer serving or executing the summons or warrant to the person served with or
arrested under it.
51. Power to dispense with personal attendance
The magistrate may, if he sees sufficient cause, dispense with the personal
attendance of a person called upon to show cause why he should not be ordered
to execute a bond for keeping the peace, and may permit him to appear by an
advocate.
52. Inquiry as to truth of information
(1) When an order under section 47 has been read or explained under section
48 to a person present in court, or when any person appears or is brought
before a magistrate in compliance with or in execution of a summons or warrant
issued under section 49, the magistrate shall proceed to inquire into the truth of
the information upon which the action has been taken, and to take such further
evidence as may appear necessary.
(2) The inquiry shall be made, as nearly as may be practicable, in the manner
prescribed by this Code for conducting trials and recording evidence in trials before
subordinate courts.
(3) For the purposes of this section, the fact that a person comes within the
provisions of section 46 may be proved by evidence of general repute or otherwise.
(4) Where two or more persons have been associated together in the matter
under inquiry they may be dealt with in the same or separate inquiries, as the
magistrate thinks just.
53. Order to give security
(1) If upon an inquiry it is proved that it is necessary for keeping the peace or
maintaining good behaviour that the person in respect of whom the inquiry is made
should be made subject to a restriction order or should execute a bond, with or
without sureties, the magistrate shall make an order accordingly:
Provided that—
(i) no person shall be ordered to give security of a nature different from,
or of an amount larger than, or for a period longer than, that specified
in the order made under section 47;
(ii) the amount of a bond shall be fixed with due regard to the
circumstances of the case and shall not be excessive;
(iii) when the person in respect of whom the inquiry is made is a minor,
the bond shall be executed only by his sureties.
(2) A person in respect of whom an order is made under this section may appeal
to the High Court, and the provisions of Part XI (relating to appeals) shall apply
to the appeal.
[Act No. 22 of 1959, s. 9, Act No. 25 of 1971, Sch.]
C44 - 29
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