Section 122 CrPC: Imprisonment in default of security

What Section 122 CrPC Says

122. 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 bond, with or 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 ordered 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.

Source: Section 122, Code of Criminal Procedure, 1973

Section 122 CrPC in Simple Words

When Section 122 CrPC Applies

• Under Section 122(1)(a) CrPC, if any person ordered to give security under Section 106 CrPC or Section 117 CrPC does not give such security on or before the date on which the period for which such security is to be given commences, the person shall be committed to prison, or, if already in prison, be detained in prison until such period expires or until within such period the person gives the security.
• Under Section 122(1)(b) CrPC, if a person who has executed a bond, with or without sureties, for keeping the peace in pursuance of an order of a Magistrate under Section 117 CrPC is proved, to the satisfaction of such Magistrate or his successor-in-office, to have committed breach of the bond, the 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.
• Under Section 122(2) CrPC, when a person has been ordered by a Magistrate to give security for a period exceeding one year and does not give such security, the Magistrate shall issue a warrant directing the person to be detained in prison pending the orders of the Sessions Judge.
• Under Section 122(3) CrPC the Sessions Judge, after examining the proceedings, requiring from the Magistrate any further information or evidence which it thinks necessary, and giving the concerned person a reasonable opportunity of being heard, may pass such order on the case as it thinks fit.
• Under Section 122(4) CrPC, if security has been required in the course of the same proceeding from two or more persons, a reference to the Sessions Judge in respect of any one of them shall also include the case of any other of such persons who has been ordered to give security.
• Under Section 122(5) CrPC a Sessions Judge may in his discretion transfer any proceedings laid before him under Section 122(2) CrPC or Section 122(4) CrPC to an Additional Sessions Judge or Assistant Sessions Judge, who may exercise the powers of a Sessions Judge under Section 122 CrPC in respect of such proceedings.
• Under Section 122(6) CrPC, if the security is tendered to the officer in charge of the jail, the officer shall forthwith refer the matter to the Court or Magistrate who made the order, and shall await the orders of such Court or Magistrate.

Time Limits Under Section 122 CrPC

• Under Section 122(1)(a) CrPC the security is to be given on or before the date on which the period for which such security is to be given commences.Act text: “on or before the date on which the period for which such security is to be given commences”
• Under Section 122(2) CrPC, when security is ordered for a period exceeding one year, the proceedings shall be laid, as soon as conveniently may be, before the Court of the Sessions Judge.Act text: “the proceedings shall be laid, as soon as conveniently may be, before such Court”
• Under the proviso to Section 122(3) CrPC the period for which any person is imprisoned for failure to give security shall not exceed three years.Act text: “the period (if any) for which any person is imprisoned for failure to give security shall not exceed three years”
• Under Section 122(6) CrPC the officer in charge of the jail shall forthwith refer the matter to the Court or Magistrate who made the order when the security is tendered.Act text: “he shall forthwith refer the matter to the Court or Magistrate who made the order”

Example of Section 122 CrPC

When Section 122 CrPC Does Not Apply

• Section 122 CrPC speaks of imprisonment in default of security. It does not deal with the power to release persons imprisoned for failing to give security, which is the subject of Section 123 CrPC.
• Section 122 CrPC speaks of a person ordered to give security who does not give it. It does not deal with the power to reject a surety offered, which is the subject of Section 121 CrPC.

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