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Report No. 102

1.2. The problem in brief.-

The problem has mainly reference to section 122(1)(b) of the Code of Criminal Procedure, 1973. That section relates1 to the action to be taken against a person who has given a bond with sureties for keeping the peace under section 117 of the Code.2 The precise question to be considered is, what is to happen if the bond is violated? So far as a person who has executed a bond without sureties is concerned, section 122(1)(b) makes a clear provision for sending the defaulter to prison. However, in the case where the bond is accompanied by sureties, the clause makes no such provision.

1. For the text of section 122, see para. 2.3, infra.

2. For the text of section 117, see para. 2.2, infra.

Section 122(1) of the Code of Criminal Procedure, 1973 - Imprisonment for breach of Bond for Keeping the Place with Sureties Back

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