Imprisonment in default of security
Section 122 of the Code of Criminal Procedure, 1973 deals with imprisonment in default of security. (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, the shall, except in the case next hereinafter mentioned, be committed to prison, or, if he is already i The Act came into force on 01 Apr 1974. Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
(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, the 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 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.
(2) 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 and the proceedings shall be laid, as soon as conveniently may be, before such Court.
(3) Such Court, after examining such proceedings and requiring from the Magistrate any further information or evidence which it thinks necessary, and after giving the concerned person a reasonable opportunity of being heard, may pass such order on the case as it thinks fit :
Provided that the period (if any) for which any person is imprisoned for failure to give security shall not exceed three years.
(4) If security has been required in the course of the same proceeding 'from two or more persons in respect of any one of whom the proceedings are referred to the Sessions Judge under sub-section (2), such reference shall also include the case of any other of such persons who has been ordered to give security, and the provisions of sub-sections (2) and (3) shall, in that event, apply to the case of such other person also, except that the period (if any) for which he may be imprisoned, shall not exceed the period for which he was ordered to give security.
(5) A Sessions Judge may in his discretion transfer any proceedings laid before him under sub-section (2) or sub-section (4) to an Additional Sessions Judge or Assistant Sessions Judge and upon such transfer, such Additional Sessions Judge or Assistant Sessions Judge may exercise the powers of a Sessions Judge under this section in respect of such proceedings.
(6) 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.
(7) Imprisonment for failure to give security for keeping the peace shall be simple.
(8) Imprisonment for failure to give security for good behaviour
shall, where the proceedings have been taken under section 108, be simple, and, where the proceedings have been taken under section 109 or section 110, be rigorous or simple as the Court or Magistrate in each case directs.
Section 122, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 141 Imprisonment in default of security Text carried over almost unchanged 98%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Pedagopi Gurrayya vs State of Andhra Pradesh
Court's Decision & Legal Precedent
A Mandal Executive Magistrate cannot enforce a bond executed under Section 110 CrPC (bond for good behavior) using procedures meant for Section 117 CrPC (bond for keeping the peace), particularly the arrest provisions under Section 122(b) CrPC. The procedural distinction between these two types of bonds must be strictly observed, and failure to follow the correct procedure renders the forfeiture proceedings invalid and subject to quashing by the High Court under Sections 397 and 401 CrPC.
On this section: Arrest of persons who breach bonds - the court examined whether this section was properly invoked for a Section 110 bond
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Bandi Sridevi vs The State of Telangana
Court's Decision & Legal Precedent
Mere arraignment in a criminal offence cannot be taken to be a conviction whereby it could be said that the accused had committed a breach of the bond furnished by him for maintaining good behaviour. Therefore, the exercise of power under Section 122(b) Criminal Procedure Code to impose penalty based on mere implication in an offence, without conviction, is unsustainable and illegal.
On this section: Powers of executive magistrate to order payment of penalty; the court held that this power cannot be exercised based on mere arraignment without conviction
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Inala Manoj vs The State of Telangana
Court's Decision & Legal Precedent
Mere arraignment in a criminal offence cannot be taken as conviction or breach of bond for good behaviour furnished under Section 110 Cr.P.C. An Executive Magistrate cannot order penalty for breach of bond without establishing that the accused has been convicted of the underlying offence. Detention based on alleged breach of bond without conviction is illegal and the detenu must be released immediately.
On this section: Powers of Executive Magistrate to order payment of penalty - the court examined the validity of the notice issued under this section
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… The reply should deal with the assertions made by the present applicant/ complainant that after being enlarged on bail, he is being harassed as is evident from the fact that on 13.02.2023, the proceedings under Section 122 of the Code of Criminal Procedure, 1973 were taken. 2. List this case on 14.12.2023. 3. It will be required of the learned Public Prosecutor to indicate the nature of the cases pending against the accused, more particularly by whom these cases were alleged. (DINESH MEHTA),J 206-himanshu/- …
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… By way of present petition under Section 482 of the Code of Criminal Procedure, though the petitioner has challenged the very proceedings initiated against him under Section 122 of the Code of Criminal Procedure, however, after arguing for some time learned counsel for the petitioner confines his case to the extent of converting the arrest warrant issued to the petitioner to bailable warrant. 2. Mr. Moti Singh, learned counsel for the petitioner, invited Court's attention towards the …
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… According to the learned counsel for the petitioner, the above said order passed by this Court in the Criminal Revision Case was communicated to the office of the Tahsildar, Mattampally on the same day. The Executive Magistrate - cum - Tahsildar, Mattampally passed an order on 24.01.2018 in M.C.No.B/4304/2017 under Section 122 of the Code of Criminal Procedure in Form No.16 directing detention of the mother of the petitioner herein till the expiry of the bond period. 4. In the present writ petition, challenge is to the validity and the legal sustainability of the said order passed by the Executive Magistrate – cum - Tahsildar, …
Questions about Section 122
What have the courts held on Section 122 of the Code of Criminal Procedure?
Pedagopi Gurrayya vs State of Andhra Pradesh (14 Jul 2016) is the leading judgment on this section among those set out below: Arrest of persons who breach bonds - the court examined whether this section was properly invoked for a Section 110 bond. Another 2 judgments on this section are set out below. They run from 2016 to 2017.
How do I find court cases under Section 122 of the Code of Criminal Procedure?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: CRPC 122, section 122 CRPC, section 122 of the Code of Criminal Procedure. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 3 reported judgments on this section are set out on this page, beginning with Pedagopi Gurrayya vs State of Andhra Pradesh (14 Jul 2016).
What should I read with Section 122 of the Code of Criminal Procedure, and has it changed?
Its own text turns on section 106 (Security for keeping the peace on conviction), section 108 (Security for good behaviour from persons disseminating seditiousmatters), section 109 (Security for good behaviour from suspected persons), section 110 (Security for good behaviour from habitual offenders), and on 1 further provision, so none of them can safely be read on its own. 3 other provisions in this corpus refer back to it. For anything done on or after 1 July 2024 the provision to read is BNSS 141 (Imprisonment in default of security), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 122 of the Code of Criminal Procedure come into force?
Section 122 of the Code of Criminal Procedure, cited as CRPC 122, came into force on 01 Apr 1974, having been enacted on 25 Jan 1974. It is no longer in force.
Other sections of this Act
- 320. Compounding of offences1554 words
- 167. Procedure when investigation cannot be completed in twenty four hours1005 words
- 220. Trial for more than one offence962 words
- 360. Order to release on probation of good conduct or after admonition804 words
- 2. Definitions799 words
- 198. Prosecution for offences against marriage774 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Recovered from the consolidated text published by India Code (item 330a1099-77ad-4a2e-b22a-769b33398f9e). This page is not a substitute for legal advice.