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What is Kalandra?

What is Kalandra?

Kalandra is a sort of notice issued under section 107 against a person against whom there is an information that he is likely to commit breach of peace or disturb the public tranquility or any other wrongful act leading to breach of peace or disturbance to the public.

Such a show cause notice is issued to such person by the Executive Magistrate having jurisdiction over the area where the breach of peace or disturbance is apprehended or where the person likely to create such problem is available.

The notice requires such a person to show cause why he should not be made to execute a bond for keeping peace and good behaviour, for a period up to one year. If it appears to the Magistrate that the breach of peace can not be prevented otherwise than by immediate arrest of the alleged person, the Magistrate may issue his arrest warrant.

If it appears to the police officer that there is a likelihood of a cognizable offence taking place, then the police officer can arrest the person planning to commit such offence, without warrant. (section 151) In Delhi, the Asst. Commissioner of Police (ACPs) are generally delegated the power to function as Executive Magistrate for the purpose of proceedings of kalandra for the area falling under their respective jurisdictions. (under section 20(5), the State Govt. can confer all or any of the powers of the Executive Magistrate in relation to a metropolitan area upon the Commissioner of Police.

Metropolitan area is an area having population of more than 10 lakh people and declared as such by the State Govt. by a notification under section 8). Generally, the kalandra is made by the police when there is clash between two groups or there is a public brawl etc.

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