Code
(1) Whenever the District Magistrate in the case of an order passed by an
Executive Magistrate under section 136, 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, District Magistrate, in the case of an order passed by an Executive Magistrate under
section 136, 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, by rules, 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
District Magistrate, in the case of an order passed by an Executive Magistrate under
section 136, 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 136, 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), District Magistrate,
in the case of an order passed by an Executive Magistrate under section 136, 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 141, 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 District Magistrate, in the case of an order
passed by an Executive Magistrate under section 136, 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.
Explanation:
This section deals with the release and cancellation of security bonds. It outlines the procedures for releasing individuals from imprisonment for failing to provide security, reducing the security amount, and canceling existing bonds.
This section outlines how various authorities can release or cancel security bonds imposed on individuals considered a threat to peace or good behavior.
- Discharge without Hazard: District Magistrates (for orders by Executive Magistrates under Section 136) or Chief Judicial Magistrates (for other cases). They can discharge individuals imprisoned for failing to provide security. This is if they believe the individual’s release poses no risk to the community.
- Reduction of Security: High Courts, Courts of Session, or District Magistrates/Chief Judicial Magistrates. They can reduce the amount of security required, the number of sureties. It can also be the duration of the security period.
- Conditional Discharge:
- Authorities can release individuals either without conditions or with conditions that they agree to.
- These conditions cease to be operative when the security period expires. The State Government has the authority to prescribe these conditions.
- Cancellation of Conditional Discharge: If an individual fails to fulfill a condition of discharge, the relevant authority can cancel the discharge. This may lead to the individual’s arrest without warrant.
- Remand to Prison: A conditionally discharged individual may fail to provide security.
- Therefore, authorities can remand them back to prison for the remaining portion of the original term.
- Cancellation of Bonds: High Courts, Courts of Session, or District Magistrates/Chief Judicial Magistrates can cancel bonds. This is for keeping the peace or good behavior for sufficient reasons.
- Surety Cancellation: Sureties (individuals who guarantee another person’s good behavior) can apply to the relevant court to cancel the bond.
Illustration:
When authorities arrest a person, they order them to provide security for good behavior for one year.
Authorities imprison individuals who fail to provide the required security.
After a few months, the District Magistrate, after considered the individual’s behavior. He decides that their release would not pose a risk. The Magistrate can then order their discharge under subsection (1).
Common Questions and Answers:
- Q: Who has the authority to release an individual imprisoned for failing to provide security?
A: District Magistrates (for orders by Executive Magistrates under Section 136). It can also be the Chief Judicial Magistrates (for other cases) have this authority.
- Q: Is Reduction of the required amount of security possible?
A: Yes, High Courts, Courts of Session, or District Magistrates/Chief Judicial Magistrates can reduce the amount, sureties, or duration.
- Q: What happens if an individual fails to meet the conditions of their conditional discharge?
A: Authorities can cancel the discharge, resulting in the individual’s arrest and possible remand to prison.
- Q: Can a surety cancel a bond?
A: Yes, a surety can apply to the court for cancellation of the bond.
