Understanding Kalandra Under Sections 107 and 145 CrPC in Pakistan
Leave a Comment / Uncategorised / By Muhammad Amin, Advocate
A “Kalandra” is a legal report filed by the police to prevent potential breaches of peace. It falls under Sections 107 and 145 of the Criminal Procedure Code (CrPC) in Pakistan. These sections empower magistrates to take preventive action and maintain public order.
Table of Contents
- What is a Kalandra Report?
- Section 107 CrPC: Security for Keeping the Peace
- Steps Involved in Section 107 Proceedings
- Section 145 CrPC: Disputes Over Land or Water
- Procedure Under Section 145 CrPC
- Key Differences Between Sections 107 and 145
- Practical Tips for Legal Professionals
- Final Thoughts on Kalandra Proceedings
What is a Kalandra Report?
A Kalandra report is a preventive legal measure. Police file it when they anticipate a breach of peace. The magistrate then reviews the report and initiates action under relevant CrPC sections.
Section 107 CrPC: Security for Keeping the Peace
Objective and Scope
Section 107 aims to prevent disturbances. It allows the magistrate to require a person to maintain peace. The section applies when someone poses a threat to public order.
Key Provisions
- Magistrate’s Authority: A Magistrate of the First Class can act on credible information.
- Show-Cause Notice: The individual must explain why they should not execute a bond for good behavior.
- Bond Requirement: If the threat is real, the magistrate orders the person to sign a bond for up to one year.
Steps Involved in Section 107 Proceedings
- Police Report: The process starts when police submit a Kalandra report.
- Magistrate’s Inquiry: The magistrate reviews the evidence.
- Hearing: The individual appears in court and presents their defense.
- Bond Execution: If the magistrate finds a threat, the person must sign a bond to keep the peace.
Example:
In a heated business dispute, police foresee violence. They file a Kalandra. The magistrate summons both parties under Section 107 to prevent escalation.
Section 145 CrPC: Disputes Over Land or Water
Objective and Scope
Section 145 deals with property disputes likely to cause violence. It focuses on maintaining the status quo until the civil court resolves ownership.
Key Provisions
- Dispute Existence: The magistrate must be satisfied that a dispute exists.
- Preventive Order: The order maintains current possession to prevent violence.
- Property Attachment: If possession is unclear, the magistrate can attach the property.
Procedure Under Section 145 CrPC
- Preliminary Order: The magistrate issues an order describing the dispute and potential threat.
- Notice to Parties: Both parties present their claims and evidence.
- Hearing: The magistrate examines evidence to determine who was in possession.
- Final Order: The party proven in possession retains control until civil courts decide.
Example:
Two farmers claim the same piece of land. The police anticipate violence. The magistrate intervenes under Section 145, maintaining the status quo until the dispute is legally resolved.
Key Differences Between Sections 107 and 145
Similarities:
- Both sections prevent breaches of peace.
- Magistrates play a central role in both.
Differences:
- Scope: Section 107 applies to any threat of public disorder. Section 145 specifically addresses property disputes.
- Outcome: Section 107 results in a bond for good behavior. Section 145 maintains possession until a civil court decision.
Practical Tips for Legal Professionals
- Gather Evidence: Collect credible evidence to support claims of potential violence or possession.
- Client Advice: Explain that these proceedings focus on preventing violence, not determining rights.
- Strategic Use: Utilize these sections to protect clients from unlawful dispossession.
Final Thoughts on Kalandra Proceedings
Kalandra reports under Sections 107 and 145 CrPC play a vital role in maintaining peace. They prevent disputes from escalating into violence. Legal professionals must understand these provisions to effectively represent their clients and uphold the rule of law.
For expert assistance with criminal or preventive matters, contact Muhammad Amin, Advocate.
Phone: 03139708019