106-NLR-NLR-V-02-ERAKUNATHER-v.-NAKAN-RANTAN-et-al.pdf
1895.
May 22and 28. ■
( 248 )
ERAKUNATHER v. NAKAN RANT AN et al.
P. C., Jaffna, 14,687.
Sentence for unlawful assembly—Binding over to keep the peace—Steps toprevent repetition of offence before punishing accused for committingit^Criminal Procedure Code, s. 87.
The object of chapter VIII. of the Criminal Procedure Code u theprevention and not the punishment of crime, and the attempt touse it as a punishment for a past offence is wrong, and is not sanc-tioned by law. Where, therefore, a Magistrate found the accusedin a case guilty of being members of an unlawful assembly, andwithout inflicting any of the punishments mentioned in section 140of the Ceylon Penal Code required them to execute a bond for keep-ing the peace under section 87 of the Criminal Procedure Code, held.that the order was wrong, inasmuch as the Magistrate had no power,until he had punished the accused for the offence already committed,to take steps to prevent its repetition.
'T'HE accused in this case were charged with being members of-*■ an unlawful assembly, an offence punishable under section140 of the Ceylon Penal Code. The Police Magistrate convictedthem of that offence, hut being of opinion that a fine or imprison-ment would not be an adequate punishment required them toexecute bonds, under section 87 of the Criming Procedure Code,to keep the peace for three months.
In appeal, Sem&thi Baja, for appellant. The latter part of section87 expressly provides that a convicted person can only be orderedto execute a bond “ at the time of passing sentence on such person.”In this instance there was no “ sentence ” passed.
Aserappa, for respondent.
Cur. adv. vuU.
28th May, 1895. Lawme, J.—
It has been repeatedly pointed out that the object of the 8thchapter of the Criminal Procedure Code is the prevention and notthe punishment of crime, and to quote a leading Indian decision,“ the attempt to use it as a punishment for a past offence is wrong,“ and is not sanctioned by law.”
Here the Magistrate found the accused guilty of being membersof an unlawful assembly, the common object of which was to assaultSuppuhamy. He did not impose any of the punishments requiredby the 140th section. Until, he had punished for this offence hehad no power to add prevention of a repetition.
– I must set aside, and remit to the Magistrate to deal with theseaccused according to law. *
The amount of imprisonment or fine need not be great. It mayindeed be almost nominal, for the Magistrate has large discretionin the matter.