ADMINISTRATION OF CRIMINAL JUSTICE ACT, 2015
Section 62: Inquiry as to truth of information
(1) Where an order under section 57 of this Act has been read or explained under section 58 of this Act to a suspect in court, or where the suspect appears or is brought before a Magistrate in compliance with or in execution of a summons or warrant issued under section 59 of this Act, the Magistrate shall proceed to inquire into the truth of the information upon which the action has been taken, and to take such further evidence as may appear necessary.
(2) The inquiry shall be made, as nearly as may be practicable, in the manner prescribed in this section for conducting trials, and recording evidence, except that the standard of proof shall be that of preponderance of evidence.
(3) Pending the completion of the inquiry under subsection (1) of this section, the Magistrate, if he considers that immediate measures are necessary for the prevention of:
(a) a breach of the peace or disturbance of the public tranquility; or
(b)
the commission of any offence or for the public safety,
may, for reasons to be recorded in writing, direct the suspect in respect of whom the order under section 57 of this Act has been made, to enter into a recognizance, with or without sureties, for keeping the peace or maintaining good behaviour until the conclusion of the inquiry, and may detain the suspect in custody until the recognizance is entered into or, in default of execution, until the inquiry is concluded.
(4) For the purposes of subsection (3) of this section:
(a) a suspect against whom proceeding are not being taken under section 54 of this Act shall not be directed to enter into a recognizance for maintaining good behaviour;
(b) the conditions of the recognizance, whether as to the amount or as to the provisions of sureties or the number of sureties or the pecuniary extent of their liability shall not be more onerous than those specified in the order under section 58 of this Act; and
(c) a suspect shall not be remanded in custody under the powers conferred by this section for a period exceeding fifteen days at a time.
(5) For the purposes of this section, the fact that a suspect comes within the provisions of section 55 of this Act may be proved by evidence of general repute or otherwise.
(6) Where two or more suspects have been associated together in the matter under inquiry, they may be dealt with in the same or separate inquiries as the Magistrate thinks fit.
Cite this section
Section 62, ADMINISTRATION OF CRIMINAL JUSTICE ACT, 2015 (2015).
https://repo.podus.ai/laws/administration-of-criminal-justice-act-2015/section/62/