Section 123 CrPC: Power to release persons imprisoned for failing to give security
Code of Criminal Procedure, 1973
Section 123 CrPC at a Glance
Section 123 CrPC deals with power to release persons imprisoned for failing to give security. From 1 July 2024 it is replaced by Section 142 BNSS.
What Section 123 CrPC Says
123. Power to release persons imprisoned for failing to give security
(1) Whenever the District Magistrate in the case of an order passed by an Executive Magistrate under section 117, or the Chief Judicial Magistrate in any other case 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, District Magistrate, in the case of an order passed by an Executive Magistrate under section 117, or the Chief Judicial Magistrate in any other case, 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 is, in the opinion of District Magistrate, in the case of an order passed by an Executive Magistrate under section 117, or the Chief Judicial Magistrate in any other case 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 District Magistrate, in the case of an order passed by an Executive Magistrate under section 117, or the Chief Judicial Magistrate in any other case.
(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), District Magistrate, in the case of an order passed by an Executive Magistrate under section 117, or the Chief Judicial Magistrate in any other case 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 District Magistrate, in the case of an order passed by an Executive Magistrate under section 117, or the Chief Judicial Magistrate in any other case may make such cancellation where such bond was executed under his order or under the order of any other Court in his district.
(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.
Source: Section 123, Code of Criminal Procedure, 1973
Section 123 CrPC in Simple Words
Section 123 of the Code of Criminal Procedure, 1973 deals with the release of a person imprisoned for failing to give security.
The District Magistrate, in the case of an order passed by an Executive Magistrate under Section 117 CrPC, or the Chief Judicial Magistrate in any other case, may order such a person to be discharged if of opinion that the person may be released without hazard to the community or to any other person.
It also deals with reducing the security, discharge on conditions, cancellation of a conditional discharge, remand to prison for the unexpired portion, and cancellation of a bond.
When Section 123 CrPC Applies
- The District Magistrate, in the case of an order passed by an Executive Magistrate under Section 117 CrPC, or the Chief Judicial Magistrate in any other case, may order the discharge of a person imprisoned for failing to give security under Section 123(1) CrPC if of opinion that the person may be released without hazard to the community or to any other person.
- Whenever a person has been imprisoned for failing to give security, the High Court or Court of Session, or where the order was made by any other Court, the District Magistrate, in the case of an order passed by an Executive Magistrate under Section 117 CrPC, or the Chief Judicial Magistrate in any other case, may under Section 123(2) CrPC make an order reducing the amount of the security or the number of sureties or the time for which security has been required.
- Under Section 123(3) CrPC, an order of discharge may direct the discharge either without conditions or upon any conditions which the person accepts, and under Section 123(4) CrPC the State Government may prescribe the conditions upon which a conditional discharge may be made.
- If any condition upon which a person has been discharged is not fulfilled in the opinion of the District Magistrate, in the case of an order passed by an Executive Magistrate under Section 117 CrPC, or the Chief Judicial Magistrate in any other case, by whom the order of discharge was made or of his successor, he may cancel it under Section 123(5) CrPC, and under Section 123(6) CrPC any police officer may arrest the person without warrant and the person shall thereupon be produced before that Magistrate.
- Unless the person gives security in accordance with the terms of the original order for the unexpired portion of the term, the District Magistrate, in the case of an order passed by an Executive Magistrate under Section 117 CrPC, or the Chief Judicial Magistrate in any other case, may remand the person to prison under Section 123(7) CrPC to undergo that portion, and under Section 123(8) CrPC a person so remanded shall, subject to the provisions of Section 122 CrPC, be released at any time on giving that security to the Court or Magistrate by whom the order was made, or to its or his successor.
- The High Court or Court of Session may at any time, for sufficient reasons to be recorded in writing, cancel under Section 123(9) CrPC any bond for keeping the peace or for good behaviour executed under the Chapter by any order made by it, and the District Magistrate, in the case of an order passed by an Executive Magistrate under Section 117 CrPC, or the Chief Judicial Magistrate in any other case, may make such cancellation where the bond was executed under his order or under the order of any other Court in his district.
- Under Section 123(10) CrPC, any surety for the peaceable conduct or good behaviour of another person ordered to execute a bond may at any time apply to the Court making the order to cancel the bond, and the Court shall issue a summons or warrant, as it thinks fit, requiring the person for whom the surety is bound to appear or to be brought before it.
Time Limits Under Section 123 CrPC
- The proviso to Section 123(3) CrPC says that any condition imposed shall cease to be operative when the period for which the person was ordered to give security has expired.Act text: “Provided that any condition imposed shall cease to be operative when the period for which such person was ordered to give security has expired.”
- Under Section 123(7) CrPC, the unexpired portion of the term for which the person was in the first instance committed or ordered to be detained is 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 the conditional discharge, the person would have been entitled to release.Act text: “a period equal to the period between the date of the breach of the conditions of discharge”
- Under Section 123(8) CrPC, a person remanded to prison under Section 123(7) CrPC shall be released at any time on giving security in accordance with the terms of the original order for the unexpired portion.Act text: “be released at any time on giving security in accordance with the terms of the original order for the unexpired portion aforesaid”
- The High Court or Court of Session may cancel a bond at any time under Section 123(9) CrPC, and a surety may apply at any time under Section 123(10) CrPC to the Court making the order to cancel the bond.Act text: “may at any time apply to the Court making such order to cancel the bond”
Example of Section 123 CrPC
When Section 123 CrPC Does Not Apply
- Section 123(1) CrPC speaks of a person imprisoned for failing to give security under the Chapter. It does not deal with the release of a person held in custody on a charge of an offence.
- Section 123(10) CrPC speaks of a surety for the peaceable conduct or good behaviour of another person ordered to execute a bond. It does not deal with a surety for the appearance of an accused person on bail.
Section 123 CrPC Under BNSS 142: What Changed
Section 123 CrPC is now covered under Section 142 BNSS.
From 1 July 2024, Section 123 of the Code of Criminal Procedure, 1973 is found in Section 142 of the Bharatiya Nagarik Suraksha Sanhita, 2023, with the same heading and sub-sections in the same order. Section 142(4) BNSS adds the words by rules to the State Government power to prescribe conditions of a conditional discharge. Section 142(1) BNSS, Section 142(2) BNSS, Section 142(5) BNSS, Section 142(6) BNSS, Section 142(7) BNSS and Section 142(9) BNSS refer to an order passed by an Executive Magistrate under Section 136 BNSS where the matching sub-sections of Section 123 CrPC referred to Section 117 CrPC, and Section 142(8) BNSS refers to Section 141 BNSS where Section 123(8) CrPC referred to Section 122 CrPC.
View detailed comparison (CrPC 123 vs BNSS 142) →FAQs on Section 123 CrPC
Who can order the discharge of a person imprisoned for failing to give security under Section 123 CrPC, and on what conditions?▼
For an order passed by an Executive Magistrate under Section 117 of the Code of Criminal Procedure, 1973, the District Magistrate may order discharge, and in any other case the Chief Judicial Magistrate may do so, if of opinion under Section 123(1) CrPC that the person may be released without hazard to the community or to any other person. Under Section 123(3) CrPC, the order may direct discharge either without conditions or upon any conditions which the person accepts. Under Section 123(4) CrPC, the State Government may prescribe the conditions upon which a conditional discharge may be made.
Can the amount of security, number of sureties, or duration of security be reduced after imprisonment under Section 123 CrPC?▼
Whenever a person has been imprisoned for failing to give security, the High Court or Court of Session may make an order under Section 123(2) CrPC reducing the amount of the security, the number of sureties, or the time for which security has been required. Where the order was made by any other Court, the District Magistrate, in the case of an order passed by an Executive Magistrate under Section 117 CrPC, or the Chief Judicial Magistrate in any other case, may make that order.
What happens if a person breaches a condition of discharge under Section 123 CrPC?▼
If a condition of discharge is not fulfilled in the opinion of the District Magistrate or the Chief Judicial Magistrate by whom the order of discharge was made or of his successor, the Magistrate may cancel the discharge under Section 123(5) CrPC. Any police officer may arrest the person without warrant under Section 123(6) CrPC, and the person shall be produced before that Magistrate. Unless the person gives security in accordance with the terms of the original order for the unexpired portion, the Magistrate may remand the person to prison under Section 123(7) CrPC, and under Section 123(8) CrPC the person shall, subject to Section 122 CrPC, be released at any time on giving that security.
Where is Section 123 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼
From 1 July 2024, Section 123 CrPC is found in Section 142 of the Bharatiya Nagarik Suraksha Sanhita, 2023. It maps sub-section by sub-section: Section 123(1) CrPC in Section 142(1) BNSS, Section 123(2) CrPC in Section 142(2) BNSS, Section 123(3) CrPC in Section 142(3) BNSS, Section 123(4) CrPC in Section 142(4) BNSS, Section 123(5) CrPC in Section 142(5) BNSS, Section 123(6) CrPC in Section 142(6) BNSS, Section 123(7) CrPC in Section 142(7) BNSS, Section 123(8) CrPC in Section 142(8) BNSS, Section 123(9) CrPC in Section 142(9) BNSS, and Section 123(10) CrPC in Section 142(10) BNSS.
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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 22 Oct 2026 ·