CrPC Section 122 — Imprisonment in default of security

Summary

Clause (a) of sub-section (1) says that a person ordered to give security under section 106 or 117 must give it on or before the date the security period begins. Otherwise, except in the case mentioned in clause (b), the person will be sent to prison or, if already in prison, kept there until the period ends or the person gives the security to the Court or Magistrate that made the order.

Clause (b) of sub-section (1) applies if a person has executed a bond, with or without sureties, without sureties for keeping the peace under a Magistrate’s order under section 117. If the Magistrate or successor is satisfied that the person breached the bond, the Magistrate or successor may, after recording the grounds of proof, order the person’s arrest and detention until the bond period ends. This does not affect any other punishment or forfeiture for which the person may be liable under law.

Sub-section (2) says that, if a Magistrate ordered security for more than one year and the person does not give it as described above, the Magistrate must issue a warrant to detain the person in prison pending the Sessions Judge’s orders. The proceedings must be placed before that Court as soon as conveniently possible.

Sub-section (3) says that the Court must examine the proceedings and give the person a reasonable opportunity to be heard. It must also require any further information or evidence from the Magistrate that it considers necessary. The Court may then make the order it thinks fit, but imprisonment for failure to give security must not exceed three years.

Sub-section (4) applies when security was required from two or more people in the same proceeding and one person’s case is referred to the Sessions Judge under sub-section (2). The reference must also include the cases of the others ordered to give security. Sub-sections (2) and (3) then apply to them too, except that their imprisonment, if any, must not exceed the period for which they were ordered to give security.

Sub-section (5) allows a Sessions Judge to transfer proceedings placed before them under sub-section (2) or (4) to an Additional Sessions Judge or Assistant Sessions Judge. That judge may then exercise the Sessions Judge’s powers under this section for those proceedings.

Sub-section (6) says that, if security is offered to the officer in charge of the jail, the officer must immediately refer the matter to the Court or Magistrate that made the order and wait for its orders.

Sub-section (7) says imprisonment for failure to give security for keeping the peace must be simple imprisonment.

Sub-section (8) says imprisonment for failure to give security for good behaviour must be simple if the proceedings were under section 108. If they were under section 109 or 110, it must be rigorous or simple, as the Court or Magistrate directs in each case.

Official Text

(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.

Sections referred to

• CrPC §106 — Security for keeping the peace on conviction
• CrPC §108 — Security for good behaviour from persons disseminating seditious matters
• CrPC §109 — Security for good behaviour from suspected persons
• CrPC §110 — Security for good behaviour from habitual offenders
• CrPC §117 — Order to give security

Referred to by

• CrPC §39 — Public to give information of certain offences
• CrPC §123 — Power to release persons imprisoned for failing to give security
• CrPC §124 — Security for unexpired period of bond
• CrPC §373 — Appeal from orders requiring security or refusal to accept or rejecting surety for keeping peace or good behaviour
• CrPC §427 — Sentence on offender already sentenced for another offence

Related Judgments

• V. K. .BANSAL vs STATE OF HARYANA AND ORS. ETC. ETC — Supreme Court of India (2013)
• SHYAM PAL vs DAYAWATL BESOYA & ANR — Supreme Court of India (2016)
• Sachin Manohar Khambe vs The State of Maharashtra, .., …, Dr.Yug Mohit Chaudhry with Mr.Anu — Bombay High Court (Mumbai Principal Seat) (2024)
• ISTKAR vs THE STATE OF UTTAR PRADESH & ANR — Supreme Court of India (2022)
• RAKESH KUMAR PAUL vs STATE OF ASSAM — Supreme Court of India (2017)

Old <-> New Code Mapping

• BNSS §141 — Imprisonment in default of security