Section 23: Security for keeping the peace

23. Security for keeping the peace (1) Any police officer, not below the rank of Assistant Superintendent, who has reasonable ground to suspect that any person— (a) has the intention of committing a breach of the peace against any particular person or against any person unknown; (b) is likely to commit any act which may lead to a breach of the peace or threaten public safety or public order, may cause that person to be arrested and brought before a Magistrate. (2) Where a person is brought before a Magistrate under subsection (1) and the Magistrate, after hearing evidence on oath, is satisfied that it is necessary— (a) in the interests of public safety or public order; or (b) for keeping the peace or maintaining good behaviour, that the person should furnish security, he shall order accordingly. (3) Any security that may be ordered to be taken from any person under subsection (2) shall be in his own recognisance and that of one or more persons as sureties an his behalf to the satisfaction of the Magistrate, in any D13 – 7 [Issue 1] District and Intermediate Courts (Criminal Jurisdiction) Act reasonable sum to the intent that, for a reasonable time to be stated in the order, the person shall keep the peace and be of good behaviour. (4) Where a person does not furnish the security as required under subsection (3), the Magistrate shall commit him to prison for a term not exceeding 3 months. (5) Where any Magistrate, after hearing any person bound by a recognisance under subsection (3), and his sureties, or upon their failure to appear after they have been summoned, finds that the person bound has not kept the peace or been of good behaviour, he shall order the forfeiture of the recognisance and execution on the recognisance shall issue. (6) Where any person has been brought before a Magistrate under subsection (1) and the Magistrate is, for any reason, unable to reach a decision on the same day, he shall direct that the person be detained pending his decision unless the person furnishes such reasonable security in his own recognisance and that of one or more persons as sureties on his behalf, as the Magistrate may direct, to keep the peace and be of good behaviour until the Magistrate reaches a decision in the case. (7) (a) Where a Magistrate has made an order under this section, directing that a person should furnish security and that person has given notice of appeal against the order, the Magistrate shall require him to furnish such reasonable security in his own recognisance and that of one or more persons as sureties on his behalf, as the Magistrate may direct, to keep the peace and be of good behaviour until the Supreme Court has decided on the appeal. (b) Unless and until the security under paragraph (a) is furnished, the Magistrate shall direct that the person be detained pending the decision of the Supreme Court. (8) Any security ordered to be furnished under this section shall not be less than 10,000 rupees. [S. 23 amended by Act 30 of 1991; Act 5 of 1999.]