Section 123:
Power to release persons imprisoned for failing to give security.
(1) Whenever 1[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, 2
[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 2
[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 2
[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), 2
[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
3
[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 bond
appear or to be brought before it.
Notes:
1. Subs. by Act 45 of 1978, s. 12, for the "Chief Judicial Magistrate" (w.e.f. 18-12-1978).
2. Subs. by Act 45 of 1978, s. 12, for "Chief Judicial Magistrate" (w.e.f. 18-12-1978).