Skip to content

Section 98

of Criminal Procedure Code

ActIn forceProvision 102 of 411

Section 98

(1)

In cases where in the opinion of a Magistrate immediate prevention or speedy remedy is desirable that Magistrate may, by a written order stating the material facts of the case and served in the manner provided in section 90, direct any person to abstain from a certain act or to take certain order with certain property in his possession or under his management if the Magistrate considers that the direction is likely to prevent or tends to prevent obstruction, annoyance or injury to any persons lawfully employed, or danger to human life, health or safety, or a riot or any affray.

(2)

An order under this section may in cases of emergency or in cases where the circumstances do not admit of the serving in due time of notice upon the person against whom the order is made be made ex parte.

(3)

An order under this section may be directed to a particular person or to the public generally when frequenting or visiting a particular place.

(4)

Any Magistrate may rescind or alter any order made under this section by himself or his predecessor in office.

74

(5)

No order under this section shall remain in force for more than seven days from the making of it.

(6)

The Public Prosecutor may appear in any application made under this section.

CHAPTER XA

PROTECTION ORDER IN CASES OF STALKING