CrPC Section 122: Imprisonment in Default of Security – Code of Criminal Procedure

1. Code

Section 122 of the Code of Criminal Procedure (CrPC) deals with imprisonment in default of security.

2. Explanation

This section outlines the procedure for imprisoning an individual who fails to provide security as ordered by the court. It applies when:

• A person is released on bail.
• The court imposes conditions on the release.
• The individual fails to furnish the required security.

In such cases, the court can order the individual’s imprisonment until the security is provided. The duration of imprisonment is limited to the period for which the security was ordered.

3. Illustration

Imagine a person is arrested for theft and granted bail on the condition that they provide a surety bond of Rs. 10,000. If the individual fails to furnish the surety bond within the stipulated time, the court can order their imprisonment until the bond is provided.

4. Common Questions and Answers

• Q: Can a person be imprisoned for life under Section 122?

  A: No. The imprisonment under Section 122 is limited to the period for which the security was ordered.

• Q: What happens if the security is provided after the imprisonment begins?

  A: The person is released from imprisonment as soon as the security is provided.

• Q: Can a person be imprisoned under Section 122 without a prior bail order?

  A: No. Section 122 applies only when the individual has been granted bail and failed to provide the required security.