RAMASWAMI THEVAN Vs. EMPEROR

JUDGEMENT

(1.) The only question argued at the hearing of this is, whether the order under Section 106, Criminal Procedure Code, requiring the accused to give security to keep the peace is a legal order. It is argued (1) that the offence of voluntarily causing hurt ( Section 323, Indian Penal Code) is not one of those specified in Section 106, Criminal Procedure Code, and does not of itself necessarily involve a breach of the peace; (2) that there ought to be a finding by the Sessions Judge that a breach of peace was actually caused, before the Court made the order this section.

(2.) On the first joint, I find that accused's act included an assault on the prosecution 9th witness in a public palce, and assault is one of the offences specified in Section 106. The expression "other offences involving a breach of the peace" would embrace offences ejusdem generic with the offence of assault and finding which are specified in the section. It is only because the accused's act was more serious than one of petty assault that they were not convicted of that minor offence.

(3.) But the circumstances spoken to by the witnesses as those in which hurt was caused to prosecution 9 witness were such that there can be no doubt that there was a breach of the peace on that occasion.