Code:
(1) If any person, in respect of whom an order requiring security is made under section 106 or section 117, is at the time such order is made, sentenced to, or undergoing a sentence of, imprisonment, the period for which such security is required shall commence on the expiration of such sentence.
(2) In other cases such period shall commence on the date of such order unless the Magistrate, for sufficient reason, fixes a later date.
Explanation:
When an order for security is issued, the time for fulfilling that requirement starts from the time:
- The order is served on the person, or
- If the order is not served but the person has actual knowledge of it, from the time the person becomes aware of the order.
Illustration:
Suppose a court issues an order requiring a person to furnish security of ₹10,000. The order is served on the person on 1st January. The time period for providing security starts from 1st January. However, if the order is not served but the person learns about it on 5th January, the time period for providing security begins from 5th January.
Common Questions and Answers:
Q: If the order is served on a person’s representative, when does the time period start?
A: The time period starts from the time the representative receives the order.
Q: What happens if a person fails to furnish security within the stipulated time?
A: The court may take action against the person, including issuing a warrant for their arrest.
