What is Power to release persons imprisoned for failing to give security? What is Security for unexpired period of bond? Section 123 and 124 of Code of Criminal Procedure 1973

 

 

Power to release persons imprisoned for failing to give security and Security for unexpired period of bond are defined under Section 123 and 124 of CRPC 1973. Provisions under this section is:

 

 Section 123 of CRPC "Power to release persons imprisoned for failing to give security"

(1) Whenever the Chief Judicial Magistrate is of opinion that any person imprisoned for failing to give security under this Chapter may be released without hazard to the community or to any other person, he may order such person to be discharged.

(2) Whenever any person has been imprisoned for failing to give security under this Chapter, the High Court or Court of Session, or, where the order was made by any other Court, the Chief Judicial Magistrate, may make an order reducing the amount of the security or the number of sureties or the time for which security has been required.

(3) An order under sub-section (1) may direct the discharge of such person either without conditions or upon any conditions which such person accepts:

Provided that any condition imposed shall cease to be operative when the period for which such person was ordered to give security has expired.

(4) The State Government may prescribe the conditions upon which a conditional discharge may be made.

(5) If any condition upon which any person has been discharged it, in the opinion of the Chief Judicial Magistrate by whom the order of discharge was made or of his successor, not fulfilled, he may cancel the same.

(6) When a conditional order of discharge has been cancelled under sub-section (5), such person may be arrested by any police officer without warrant, and shall thereupon be produced before the Chief Judicial Magistrate.

(7) Unless such person gives security in accordance with the terms of the original order for the unexpired portion of the term for which he was in the first instance committed or ordered to be detained (such portion being deemed to be a period equal to the period between the date of the breach of the conditions of discharge and the date on which, except for such conditional discharge, he would have been entitled to release), the Chief Judicial Magistrate may remand such person to prison to undergo such unexpired portion.

(8) A person remanded to prison under sub-section (7) shall, subject to the provisions of section 122, be released at any time on giving security in accordance with the terms of the original order for the unexpired portion aforesaid to the Court or Magistrate by whom such order was made, or to its or his successor.

(9) The High Court or Court of Session may at any time, for sufficient reasons to be recorded in writing, cancel any bond for keeping the peace or for good behaviour executed under this Chapter by any order made by it, and the Chief Judicial Magistrate may make such cancellation where such bond was executed under his order or under the order of any other Court in his direct.

(10) Any surety for the peaceable conduct or good behaviour of another person ordered to execute a bond under this Chapter may at any time apply to the Court making such order to cancel the bond and on such application being made, the Court shall issue a summons or warrant, as it thinks fit, requiring the person for whom such surety is bound to appear or to be brought before it.

Section 124 of CRPC "Security for unexpired period of bond"

(1) When a person for whose appearance a summons or warrant has been issued under the proviso to sub-section (3) of section 121 or under sub-section (10) of section 123, appears or is brought before the Magistrate or Court, the Magistrate or Court shall cancel the bond executed by such person and shall order such person to give, for the unexpired portion of the term of such bond, fresh security of the same description as the original security.

(2) Every such order shall, for the purposes of sections 120 to 123 (both inclusive), be deemed to be an order made under section 106 or section 117, as the case may be.

SECURITY FOR KEEPING PEACE AND GOOD BEHAVIOR

Section 106 and 107 of Code of Criminal Procedure 1973 - What is Security for keeping the peace on conviction? What is Security for keeping the peace in other cases?

What is Security for good behaviour from persons disseminating seditious matters? Section 108 of Code of Criminal Procedure 1973

What is Security for good behaviour from suspected persons? What is Security for good behaviour from habitual offenders? What is the order to be made? Section 109, 110 and 111 of Code of Criminal Procedure 1973

What is Procedure in respect of person in Court? What is Summons or warrant in case of person not so present? What is Copy of order to accompany summons or warrant? Section 112, 113 and 114 of Code of Criminal Procedure 1973

What is Power to dispense with personal attendance? Section 115 of Code of Criminal Procedure 1973

What is Inquiry as to truth of information? What is Order to give security? What is Discharge of person informed against? Section 116, 117 and 118 of Code of Criminal Procedure 1973

What is Commencement of period for which security is required? What is  Contents of bond? What is Power to reject sureties? Section 119, 120 and 121 of Code of Criminal Procedure 1973

What is Imprisonment in default of security? Section 122 of Code of Criminal Procedure 1973

What is Power to release persons imprisoned for failing to give security? What is Security for unexpired period of bond? Section 123 and 124 of Code of Criminal Procedure 1973

 
 

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