Code of Criminal Procedure, 1898 — Section 122: Power to reject sureties

1[122. Power to reject sureties.__ (1) A Magistrate may refuse to accept any surety offered, or may reject any surety previously accepted by him or his predecessor under this Chapter on the ground that such surety is an unfit person for the purposes of the bond : Provided that, before so refusing to accept or rejecting any such surety, he shall either himself hold an inquiry on oath into the fitness of the surety, or cause such inquiry to be held and a report to be made thereon by a Magistrate subordinate to him. 1 Re-numbered and subs. by Act No. XVIII of 1923, ss. 19-20. 2 Ss. 112 to 121 and 123 to 126 and s. 514 apply to all cases requiring security for good behaviour under s. 6 of the Punjab Frontier Crossing Regulation, 1873 (7 of 1873).

(2)Such Magistrate shall, before holding the inquiry, give reasonable notice to the surety and to the person by whom the surety was offered and shall, in making the inquiry, record the substance of the evidence adduced before him.

(3)If the Magistrate is satisfied, after considering the evidence so adduced either before him or before a Magistrate deputed under sub-section (1), and the report of such Magistrate (if any) that the surety is an unfit person for the purposes of the bond, he shall make an order refusing to accept or rejecting, as the case may be, such surety and recording his reasons for so doing: Provided that, before making an order rejecting any surety who has previously been accepted, the Magistrate shall issue his summons or warrant, as he thinks fit, and cause the person for whom the surety is bound to appear or to be brought before him.] 1123. Imprisonment in default of security.__ (1) If any person ordered to give security under section 106 or section 118 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.

(2)Proceedings when to be laid before High Court or Court of Sessions. 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 2[* * *] ;and the proceedings shall be laid, as soon as conveniently may be, before 3[such Judge].

(4)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.

(5)Kind of imprisonment. Imprisonment for failure to give security for keeping the peace shall be simple.

(6)Imprisonment for failure to give security for good behaviour 1[shall, where the proceedings have been taken under section 108 2[* * *] be simple and, where the proceedings have been taken under 3[section 109 or] section 110], be rigorous or simple as the Court or Magistrate in each case directs. 4124. Power to release persons imprisoned for failing to give security.__ (1) Whenever the 5 [Sessions Judge] 6[* * *] is of opinion that any person imprisoned for failing to give security under this Chapter 7[* * *] 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 8[* * *] 5[Sessions Judge] may (unless the order has been made by some Court superior to his own) make an order reducing the amount of the security or the number of sureties or the time for which security has been required. 9 [(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.] 10 [(4) The 11[Provincial Government] may prescribe the conditions upon which a conditional discharge may be made.

(5)If any condition upon which any such person has been discharged is, in the opinion of the [Sessions Judge] 12[* * *] by whom the order of discharge was made or of his successor, not Unless such person then 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), the 1[Sessions Judge] 2[* * *] may remand such person to prison to undergo such unexpired portion. A person remanded to prison under this sub-section 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.] 3125. Power of District Magistrate to cancel any bond for keeping the peace or good behaviour. The 4[* * *] 1[Sessions Judge] 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 order of any Court in his district not superior to his Court. 3126. Discharge of sureties.__ (1) Any surety for the peaceable conduct or good behaviour of another person may at any time apply to a 5[* * *], 1[concerned Magistrate of the first class] to cancel any bond executed under this Chapter within the local limits of his jurisdiction.

(2)On such application being made, the Magistrate shall issue his summons or warrant, as he thinks fit, requiring the person for whom such surety is bound to appear or to be brought before him. 6[126A.] 7[When a person for whose appearance a warrant or summons has been issued under the proviso to sub-section (3) of section 122 or under section 126, sub-section (2), appears or is brought before him, the Magistrate shall cancel the bond executed by such person] and shall order such person to give, for the unexpired portion of the term of such bond, fresh security of the same description as the original security. Every such order shall, for the purposes of sections 121, 122, 123 and 124, be deemed to be an order made under section 106 or section 118, as the case may be. CHAPTER IX UNLAWFUL ASSEMBLIES 8[AND MAINTENANCE OF PUBLIC PEACE AND SECURITY].