Power to release persons imprisoned for failing to give security
Section 123 of the Code of Criminal Procedure, 1973 deals with power to release persons imprisoned for failing to give security. Whenever [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 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 Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried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) Whenever [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.
1 Subs. by Act 45 of 1978, s. 12, for "the Chief Judicial Magistrate" (w.e.f. 18-12-1978).
(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, 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], 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 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] 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 [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) 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), the 1[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
1 Subs. by Act 45 of 1978, s. 12, for "Chief Judicial Magistrate" (w.e.f. 18-12-1978).
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 and the 1[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 bound to appear or to be brought before it.
Section 123, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 142 Power to release persons imprisoned for failing to give security Text carried over almost unchanged 99%
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
Referred to by 1
Questions about Section 123
What does Section 123 of the Code of Criminal Procedure deal with?
Section 123 of the Code of Criminal Procedure is headed "Power to release persons imprisoned for failing to give security". Whenever [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
How do I find court cases under Section 123 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 123, section 123 CRPC, section 123 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.
What should I read with Section 123 of the Code of Criminal Procedure, and has it changed?
Its own text turns on section 117 (Order to give security), section 122 (Imprisonment in default of security), so none of them can safely be read on its own. 1 other provision in this corpus refers back to it. For anything done on or after 1 July 2024 the provision to read is BNSS 142 (Power to release persons imprisoned for failing to give security), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 123 of the Code of Criminal Procedure come into force?
Section 123 of the Code of Criminal Procedure, cited as CRPC 123, 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
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