Print View

[Section Index]

The Code of Criminal Procedure, 1898

( ACT NO. V Of 1898 )

Chapter VIII

OF SECURITY FOR KEEPING THE PEACE AND FOR GOOD BEHAVIOUR

C.-Proceedings in all Cases subsequent to Order to furnish Security

Proceedings when to be laid before High Court Division or Court of Sessions
(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 Judge.
 
 
(3) The Sessions Judge, after examining such proceedings and requiring from the Magistrate any further information or evidence which he thinks necessary, may pass such order on the case as 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.
 
 
(3A) If security has been required in the course of the same proceedings 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.
 
 
(3B) A Sessions Judge may in his discretion transfer any proceedings laid before him under sub-section (2) or sub-section (3A) to an Additional Sessions Judge or 1[Joint] Sessions Judge and upon such transfer, such Additional Sessions Judge or 2[Joint] Sessions Judge may exercise the powers of a Sessions Judge under this section in respect of such proceedings
 
 
(4) 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.

  • 1
    The word “Joint” was substituted for the word “Assistant” by section 42 of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).
  • 2
    The word “Joint” was substituted for the word “Assistant” by section 42 of the Code of Criminal Procedure (Amendment) Act, 2009 (Act No. XXXII of 2009) (with effect from 1st November, 2007).
Copyright © 2019, Legislative and Parliamentary Affairs Division
Ministry of Law, Justice and Parliamentary Affairs