What is a case under section 106 ?

1 Answer

Answer :

General Diary The first step in filing a case under Section 106 of the Criminal Procedure Code is the General Diary or GD. In many cases, if the complaint is serious, the police can take action against the accused by submitting a non-prosecution report to the court from the AGD. Apart from this, if there is a fear of disturbing the family or social peace, creating a quarrel or any annoying act due to any person , remedy can be sought in accordance with Section 106 of the Criminal Procedure Code. If someone threatens you unnecessarily , you can take refuge in Section 107 even if you show fear. Remedies under this section are commonly known as peace bond bonds. By filing a case under section 106, the opponent or the person responsible can be compelled to execute a bond or bond to maintain peace. Such cases have to be filed in the Executive Magistrate's Court. The RG has to be presented through a lawyer. The RG should clearly state why , including the name and address of the main accused , what is disturbing your peace and when the incident took place if any intimidation is shown. If there is any evidence with RG, it has to be submitted. If there is any general diary or GD, it should also be submitted. Any person responsible under section 106 is eligible for bail. The purpose of the case under this section is to provide security to the life of the victim by providing bond to the responsible person or the accused person. What will the court do if it finds the allegations to be true? Then the responsible person has to appear in court and execute the bond. The bond must state that he will not cause any further harassment or intimidation in the future. If the responsible person does not want to execute the bond and claims to be innocent , he can reply in writing. In response, you can promise not to show any kind of fear in the future or to break any kind of peace. If the accused in the case does not plead guilty , the evidence may start in the court through a proceeding draw. If the accused is found guilty at the end of the evidence, the court can order the execution of the bond. Although a case is usually filed under section 106, the court has to seek redressal of bond under section 106 along with section 116 (c). The court also gives orders accordingly. Author: Lawyer , Bangladesh Supreme Court       

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