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(1) When an order under section 130 has been read or
explained under section 131 to a person present in Court, or when any person appears or is brought before
a Magistrate in compliance with, or in execution of, a summons or warrant, issued under section 132, the
Magistrate shall proceed to inquire into the truth of the information upon which action has been taken, and
to take such further evidence as may appear necessary.
(2) Such inquiry shall be made, as nearly as may be practicable, in the manner hereinafter prescribed
for conducting trial and recording evidence in summons-cases.
(3) After the commencement, and before the completion, of the inquiry under sub-section (1), the
Magistrate, if he considers that immediate measures are necessary for the prevention of a breach of the
peace or disturbance of the public tranquillity or the commission of any offence or for the public safety,
may, for reasons to be recorded in writing, direct the person in respect of whom the order under section 130
has been made to execute a bond or bail bond, for keeping the peace or maintaining good behaviour until
the conclusion of the inquiry, and may detain him in custody until such bond or bail bond is executed or, in
default of execution, until the inquiry is concluded:
Provided that—
(a) no person against whom proceedings are not being taken under section 127, section 128, or
section 129 shall be directed to execute a bond or bail bond for maintaining good behaviour;
(b) the conditions of such bond, whether as to the amount thereof or as to the provision of sureties
or the number thereof or the pecuniary extent of their liability, shall not be more onerous than those
specified in the order under section 130.
(4) For the purposes of this section the fact that a person is a habitual offender or is so desperate and
dangerous as to render his being at large without security hazardous to the community may be proved by
evidence of general repute or otherwise.
(5) Where two or more persons have been associated together in the matter under inquiry, they may be
dealt with in the same or separate inquiries as the Magistrate shall think just.
(6) The inquiry under this section shall be completed within a period of six months from the date of its
commencement, and if such inquiry is not so completed, the proceedings under this Chapter shall, on the
expiry of the said period, stand terminated unless, for special reasons to be recorded in writing, the
Magistrate otherwise directs:
Provided that where any person has been kept in detention pending such inquiry, the proceeding against
that person, unless terminated earlier, shall stand terminated on the expiry of a period of six months of such
detention.
(7) Where any direction is made under sub-section (6) permitting the continuance of proceedings, the
Sessions Judge may, on an application made to him by the aggrieved party, vacate such direction if he is
satisfied that it was not based on any special reason or was perverse.
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