(2) Such Magistrate shall, before holding inquiry, give reasonable notice to the surety and to the person
by whom the surety was offered and shall in making the inquiry record the substance of the evidence
adduced before him.
(3) If the Magistrate is satisfied, after considering the evidence so adduced either before him or before a
Magistrate deputed under subsection (1), and the report of such Magistrate (if any) that the surety is an
unfit person for the purposes of the bond, he shall make an order refusing to accept or rejecting, as the case
may be, such surety and recording his reasons for so doing :
Provided that, before making an order rejecting any surety who has previously been accepted, the
Magistrate shall issue his summons or warrant, as he thinks fit, and cause the person for whom the surety is
bound to appear or to be brought before him.]
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.
(2) 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[such Judge].
(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[(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 6* * * under subsection (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 subsections (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 subsection
(2) or subsection (3A) to an Additional Sessions Judge or Assistant Sessions Judge and upon such transfer,
such Additional Sessions Judge or Assistant Sessions Judge may exercise the powers of a Sessions Judge
under this section in respect of such proceedings.]
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 The words and commas “ or, if such Magistrate is Presidency Magistrate, pending the orders of the High Court “ omitted by A.O., 1949, Sch.
3 Subs. Ibid., for “such Court”.
4 Subs. Ibid., for “ it ”.
5 Subsections (3A) and (3B) ins. by the Code of Criminal Procedure (Amdt.) Act, 1923 (18 of 1923), s.21.
6 The words “or the High Court” omitted by A.O., 1949, Sch.
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