Section 123 CrPC: Power to Release Persons Imprisoned for Failing to Give Security
This section provides the power to the Magistrate to release individuals who have been imprisoned for failing to provide security.
Explanation:
This section empowers a Magistrate to release a person who has been imprisoned for failing to furnish security in certain circumstances. This applies when:
- The person is imprisoned under sections 106 to 110 of CrPC.
- The person is unable to furnish security because of poverty or other reasonable grounds.
- The Magistrate is satisfied with the grounds presented.
Illustration:
Imagine a person is imprisoned under Section 107 CrPC for being a habitual offender. The person claims that they are unable to provide security due to poverty. If the Magistrate, after examining the circumstances, is satisfied with the claim, they can release the person under Section 123 CrPC.
Common Questions and Answers:
Q: Who can release the person under Section 123 CrPC?
A: Only a Magistrate has the authority to release a person under this section.
Q: Can the Magistrate release the person without any conditions?
A: The Magistrate can impose conditions on the person’s release, such as regular reporting to the police station or restricting their movement.
Q: What happens if the person fails to comply with the conditions imposed by the Magistrate?
A: The Magistrate can order the person to be re-arrested and imprisoned again.
