Section 1123. Imprisonment in default of security
(1) If any person ordered to give security under section 106 or section 118 does not give such security on or before the date on which the period for which such security is to be given commences, he 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.
- Proceedings when to be laid before High Court or Court of Sessions. 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 [2] ; and the proceedings shall be laid, as soon as conveniently may be, before [3] . 3
- [The Sessions Judge], after examining such proceedings and requiring from the Magistrate any further information or evidence which 4[he] thinks necessary, may pass such order on the case as 4[he] thinks fit:
Provided that the period (if any) for which any person is imprisoned for failure to give security shall not exceed three years. [5] 1 Ss. 112 to 121 and 123 to 126 and s. 514 apply to all cases requiring security for good behaviour under s. 6 of the Punjab Frontier Crossing Regulation, 1873 (7 of 1873). [2] [5] [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.
- Kind of imprisonment. Imprisonment for failure to give security for keeping the peace shall be simple.
- Imprisonment for failure to give security for good behaviour [1] , be rigorous or simple as the Court or Magistrate in each case directs.