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Welcome To Contract Easily! ( Consult, Contract, Share,download Legal Matters Easily )
Contract Easily
Stamp paper is not included with this agreement and is for illustration purposes only. If e -stamp is applicable in your city you can order it during checkout.
Stamp paper is not included with this agreement and is for illustration purposes only. If e -stamp is applicable in your city you can order it during checkout.
An "Application under Section 107 of the Code of Criminal Procedure (Cr.P.C.)" is used when there's an apprehension of a breach of peace or disturbance of public tranquility. Here's a guideline for drafting such an application and common mistakes to avoid:
Heading: Begin with court details, the case name, and parties involved.
Introduction: Clearly state the purpose of the application, which is to prevent a breach of peace or disturbance of public tranquility.
Case Details: Include the case number, area or locality involved, and any specific events leading to the apprehension.
Parties' Details: Specify the names, addresses, and identifying information of the parties involved.
Facts of Apprehension: Summarize the key facts and circumstances that have raised concerns of a breach of peace.
Grounds for Action: Explain why action under Section 107 is necessary, such as the involvement of certain individuals or groups.
Relief Sought: Specify the relief you are seeking, which may include personal bonds or sureties to keep the peace.
Legal Basis: Reference Section 107 of the Cr.P.C., which empowers the authorities to take preventive action.
Common Mistakes to Avoid:
Inaccurate Information: Ensure all case details and parties' information are presented accurately.
Ambiguity: Use clear, concise language and avoid vague or ambiguous statements.
Failure to Serve Notice: Notify the parties involved and the relevant authorities, allowing them to respond or attend court proceedings.
Lack of Supporting Documents: Provide documents or affidavits to support the apprehension of a breach of peace.
Improper Language and Formatting: Use legally appropriate language and formatting in the application.
Drafting an Application under Section 107 Cr.P.C. is vital for preventing potential disturbances of public peace. Avoiding common mistakes ensures the application's legal validity and the effective prevention of breaches of peace. Legal consultation or guidance is often advisable when preparing such applications to ensure compliance with legal processes and requirements.