Bare ActsKerala Felonious Activities (Prevention) Act, 2005

Section 17

Security for maintenance of public order.--

Amendment status not verified — confirm the current text below against the official source.

(1) When the Government or an authorised officer has received credible information and is satisfied that any person is likely to indulge in any activity that could be prejudicial to the maintenance of public order, then after assessing the overall circumstances of the situation relating to the information received and in view of the previous conduct of the person concerned, he may, in the manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond, with or without sureties, for maintaining public order for such period, not exceeding one year, as the Government or the authorised officer may think fit. (2) Proceedings under this section may be taken before any authorised officer when either the place where the commission of such activities referred to in sub-section (1) is apprehended is within his local jurisdiction or there is within his jurisdiction a person who is likely to commit such activities as aforesaid beyond such jurisdiction. (3) When the Government or the authorised officer deems it necessary to require any person to show cause under sub-section (1), he shall make an order in writing, setting forth the substance of the information received, the amount of the bond to be executed, the term for which it is to be in force and the number, character and class of sureties, if any, required. (4) The person who is required to show cause under sub-section (1) will be informed of the same in the manner in which service of summons is made under the Code of Criminal Procedure, 1973 (Central Act 2 of 1974) and he will be given an opportunity to submit his defence either orally or in writing by himself or through a pleader, before the authorised officer within a period of three days from the date of receipt of such information. (5) When the defence of the person in respect of whom the show cause order has been issued is received under sub-section (4), the authorised officer shall evaluate it in the light of the credible information which he had, and form his opinion within three days, from the date of receipt of such defence. (6) When the defence put up by the person is found to be unsatisfactory but no imminent danger of the public order being disturbed is apprehended, the authorised officer shall by order in writing, setting forth the reasons, the amount of bond to be executed, the term of its force, require the person to execute a bond as he deems fit under the circumstances, with or without sureties. When the person in respect of whom the proceedings are undertaken is a minor, the bond shall be executed only by sureties. (7) If any person ordered to give security as prescribed above refuses to or fails to furnish such security within a period of three days from the date of receipt of such order, he would be placed under detention till he furnishes such security or till further action is taken against him as provided in Section 3.

Section 17 – Kerala Felonious Activities (Prevention) Act, 2005 | DailyLaw.ai