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
(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
(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.