(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.
(5) Kind of imprisonment. Imprisonment for failure to give security for keeping the peace shall be
simple.
(6) Imprisonment for failure to give security for good behaviour 1[shall, where the proceedings have
been taken under section 108 2* * * be simple and, where the proceedings have been taken under 3[section
109 or] section 110], be rigorous or simple as the Court or Magistrate in each case directs.
4124. Power to release persons imprisoned for failing to give security.__(1) Whenever the 5[Sessions
Judge] 6* * * is of opinion that any person imprisoned for failing to give security under this Chapter 7* * *
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 8* * *
5[Sessions Judge] may (unless the order has been made by some Court superior to his own) make an order
reducing the amount of the security or the number of sureties or the time for which security has been
required.
9[(3) An order under subsection (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.]
10[(4) The 11[Provincial Government] may prescribe the conditions upon which a conditional discharge
may be made.
(5) If any condition upon which any such person has been discharged is, in the opinion of the 5[Sessions
Judge] 12* * * 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 subsection (5), such person may be
arrested by any policeofficer without warrant, and shall thereupon be produced before the 5[Sessions
Judge.] 12* * *
1 Subs. by the Code of Criminal Procedure (Amdt.) Act, 1923 (18 of 1923), s.21 for “may”.
2 The words and figures “ or section 109” rep. by the Code of Criminal Procedure (Second Amdt.) Act, 1926 (10 of 1926), s.2.
3 Ins. ibid.
4 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).
5 Subs. by ord 37 of 2001, s. 34 (w.e.f. 1482001).
6 The words “or a Chief Presidency Magistrate” omitted by A.O., 1949, Sch.
7 The words “whether by the order of such Magistrate or that of his predecessor in office, or of some subordinate Magistrate," rep. by Act 18 of 1923, s.22.
8 The words “Chief Presidency or “ omitted by A.O., 1949, Sch.
9 Subs. for the original subsection (3), by Act 18 of 1923, s.22.
10 Sub Sections (4), (5) and (6) ins. by the Code of Criminal Procedure (Amdt.) Act, 1923 (18 of 1923), s. 22.
11 Subs. by A.O., 1937, for “L.G”.
12 The words “or Chief Presidency Magistrate” omitted by A.O., 1949. Sch.
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