Explain the concept of imprisonment in default of security. Is Session Judge empowered to release persons imprisonment for failing to give security?

Q. Explain the concept of imprisonment in default of security. Is Session Judge empowered to release persons imprisonment for failing to give security?

1.INTRODUCTION.

Where any person ordered to give security under Section 106 or 108 of Criminal Procedure Code 1898 does not give such security on the date on which the period for which such security is to be given commences or before the date on which the period for which surety is to be given commences, he shall be liable to person except in the case where he is already in prison. If the Session Judge is satisfied in respect of releasing he can release him.

2. RELEVANT PROVISIONS.

Sections 123 & 124 of Criminal Procedure Code 1898.

3. MEANING OF IMPRISONMENT.

Imprisonment means confinement of a person who commits crime.

4. MEANING OF SECURITY.

Security means “Guaranty”.

5. IMPRISONMENT IN DEFAULT OF SECURITY U/S 123(1).

If any person who caused any breach of peace in the society, the Magistrate after the permission of Session Judge, requires security from that person and that person fails regarding provide the security against the breach of peace in the security, the Magistrate can order for his imprisonment. This imprisonment shall not exceed up to 3 years.

6. ESSENTIALS OF IMPRISONMENT IN DEFAULT OF SECURITY.

(i). Person who can caused breach of peace.

(ii). Magistrate is arrested authority.

(iii). Imprisonment shall be in the light of orders issued by the Session Judge.

(iv). Provide the security.

(v). Failure of security.

(vi). Liable for imprisonment.

(vii). Punishment up to 3 years.

7. POWER TO RELEASE PERSONS IMPRISONED FOR FAILING TO GIVE SECURITY.

(i). Session Judge May Released Imprisoned Person For Failing To Give Security U/S 124(1).

Where the Session Judge is of opinion that any person imprisoned for failing to give security may be released without hazard to the community or to any other person, he may order such person to be discharged.

(ii). Session Judge May Reduce The Security U/S 124(2)

Where any person has been imprisoned for failing to give security, the Session Judge may make an order reducing the amount of the security or the number of sureties or the time for which security has been requited, unless the order has been made some court superior to his own.

(iii). Session Judge May Discharge Such Person Without Conditions Or Upon Any Condition U/S 124(3).

Session Judge 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.

(iv). Conditional Discharge U/S 124(4).

Provincial Government may prescribe the conditions upon which a conditional discharge may be made.

(v). Cancelation of Unfulfilled Order of His Successor U/S 124(5).

Where any condition upon which any such person has been discharges is in the opinion of the Session Judge by whom the order of discharge was made or of his successor, not fulfilled, Session Judge may cancel the same.

(vi). Conditional Order of Discharged Has Been Cancelled U/S 124(6).

Where a conditional order of discharge has been cancelled under sub-section (5) section 124 of Criminal Procedure Code 1898. Such person may be arrested by any police officer without warrant and shall thereupon be produced before the Session Judge. Unless such person, then gives security in accordance with the term 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.

8. CONCLUSION.

The pith and marrow of all the previous discussion there is no iota untruth shows that where any person ordered to give security under section 106 or 108 of Criminal Procedure Code 1898, does not give such security on the date on which the period of which such security is to be given commences or before the date on which the period for which surety is to be given commences, he shall be committed to prison except in the case where he is already in prison. Session Judge may release person imprisoned in default of security with condition or without condition.