Section 122 of CRPC "Imprisonment in default of security"
(1) (a) If any person ordered to give security under section 106 or section 117 does not give such security on or before the date on which the period for which such security is to be given commences, he shall, except in the case next hereinafter mentioned, be committed to prison, or, if he is already in prison, be detained in prison until such period expires or until within such period he gives the security to the Court or Magistrate who made the order requiring it.
(b) If any person after having executed a 1 [bond, with or without sureties] without sureties for keeping the peace in pursuance of an order of a Magistrate under section 117, is proved, to the satisfaction of such Magistrate or his successor-in-office, to have committed breach of the bond, such Magistrate or successor-in-office may, after recording the grounds of such proof, order that the person be arrested and detained in prison until the expiry of the period of the bond and such order shall be without prejudice to any other punishment or forfeiture to which the said person may be liable in accordance with law.
(2) When such person has been ordered by a Magistrate to give security for a period exceeding one year, such Magistrate shall, if such person does not give such security as aforesaid, issue a warrant directing him to be detained in prison pending the orders of the Sessions Judge and the proceedings shall be laid, as soon as conveniently may be, before such Court.
(3) Such Court, after examining such proceedings and requiring from the Magistrate any further information or evidence which it thinks necessary, and after giving the concerned person a reasonable opportunity of being heard, may pass such order on the case as it thinks fit:
Provided that the period (if any) for which any person is imprisoned for failure to give security shall not exceed three years.
(4) If security has been required in the course of the same proceeding from two or more persons in respect of any one of whom the proceedings are referred to the Sessions Judge under sub-section (2) such reference shall also include the case of any other of such persons who has been order to give security, and 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 may in his discretion transfer any proceedings laid before him under sub-section (2) or sub-section (4) to an Additional Sessions Judge or Assistant Sessions Judge and upon such transfer, such Additional Sessions Judge or Assistant Sessions Judge may exercise the powers of a Sessions Judge under this section in respect of such proceedings.
(6) If the security is tendered to the officer in charge of the jail, he shall forthwith refer the matter to the Court or Magistrate who made the order, and 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.
1. Subs. by Act 25 of 2005, s. 15, for "bond without sureties" (w.e.f. 23-6-2006).
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