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Report No. 102

2.3. Section 122(1) of the Code: imprisonment for breach of bond.-

The final order to furnish security may result in two situations, which are dealt with in section 122(1) of the Code, quoted below:-

"122(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 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 a 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."

(Rest of the section is not material for the present purpose).

It is obvious that sections 107 and 122 are inter-connected with each other, and matters covered by section 107, which represents the initial stage of the proceedings, should be covered by section 122, which represents the final, stage. Unfortunately, however, section 122(1) falls short of that. While section 107 contemplates a bond with or without sureties, section 122(1)(b) addresses itself only to a bond executed without sureties. In this manner, there arises an anomaly. A person who, under section 107, has been required to execute a bond without sureties can, if there is a default, be imprisoned under section 122(1), but not a person who has executed a bond with sureties.

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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