Discharge of person informed against
AI Assist
Summary
When an inquiry to decide whether a person should give a bond to keep the peace or maintain good behaviour fails to show that a bond is necessary, the Magistrate must record that finding. If the person was in custody only for the inquiry the Magistrate must release them; if not in custody the Magistrate must discharge them.
Example
Priya is brought before the Magistrate for an inquiry about a neighbourhood dispute to see if she should give a bond. The Magistrate finds no need for a bond, notes this on the record, and releases her because she was held only for the inquiry.
Bare Act
Enacted textIf, on an inquiry under section 116, it is not proved that it is necessary for keeping the peace or maintaining good behaviour, as the case may be, that the person in respect of whom the inquiry is made, should execute a bond, the Magistrate shall make an entry on the record to that effect, and if such person is in custody only for the purposes of the inquiry, shall release him, or, if such person is not in custody, shall discharge him.
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