Jan 22, 2018
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Section 122 : Imprisonment in default of security

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Section 122 : Imprisonment in default of security ( Code of Criminal Procedure, 1973)

1. If any person ordered to give security under section 106 or section 117. Then also makes default to give such security on or before the date on which the period for giving security commences. He shall committed to prison. If he already committed to prison, detained in prison until such given period expires. Or also until within such period he gives security to the court or Magistrate who made the order.

If any person after execution of a bond with or without sureties for keeping the peace in pursuance of an order of a Magistrate under section 117. The Magistrate or his successor-in-office satisfied that such person has committed breach of the bond. Such Magistrate or successor-in-office may also order such person to arrested and detained in prison until expiration of period of bond. The order should backed with grounds on which order passed and also recorded the same. Such order shall order shall without prejudice to any other punishment or forfeiture to which the said person may liable in accordance with law.

2. When such person has ordered by a Magistrate to give security for a period exceeding one year. If such person makes default to give the security. The Magistrate shall issue a warrant directing him to detained in prison. Pending the orders of the Sessions Judge and the proceedings shall laid, as soon as conveniently, before such Court.

3. Such Court, after examining such proceedings and also require further information from the Magistrate which it thinks necessary.  The court may give the person reasonable chance of being heard. After that the court may pass such order on the case as it thinks fit. Provided that the period for which any person imprisoned for failure to give security shall not exceed three years.

4. If the court requires security from two or more persons  for same proceeding. In respect of any one of whom the proceedings are referred to the Sessions Judge. Such reference shall also include the case of any other of such persons who has ordered to give security. The provisions of Sub-Sections (2) and (3) shall, in that event, apply to the case of such other person also except that the period (if any) for which he may be imprisoned, shall not exceed the period for which he was ordered to give security.

5. A Sessions Judge empowered to transfer any proceeding laid before him to an Additional Sessions Judge or Assistant Sessions Judge. Upon such transfer, such Additional Sessions Judge or Assistant Sessions Judge may exercise the powers of a Sessions Judge in respect of such proceedings.

6. If the security submitted to the officer in charge of the jail. He shall forthwith refer the matter to the Court or Magistrate who made the order. He shall await the orders of such Court or Magistrate.

7. Imprisonment for failure to give security for keeping the peace shall be simple.

8. Imprisonment for failure to give security for good behaviour shall, where the proceedings have been taken under section 108, be simple and, where the proceedings have been taken under section 109 or section 110, be rigorous or simple as the Court or Magistrate in each case directs.

Article Categories:
Criminal law

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