Description

1. If a person ordered to provide security under Section 106 or Section 117 fails to do so by the commencement date of the required security period, they shall, except in the case specified below, be committed to prison. If they are already in prison, they shall remain detained until either the security period expires or they provide the required security to the Court or Magistrate who issued the order.
2. If a person, after executing a bond with or without sureties under Section 117 for maintaining peace, is found to have breached the bond to the satisfaction of the Magistrate or their successor, the Magistrate may, after recording the reasons, order the person's arrest and detention until the bond period expires. This order shall be in addition to any other punishment or forfeiture the person may face under the law.
3. If a Magistrate orders a person to give security for a period exceeding one year and the person fails to do so, the Magistrate shall issue a warrant directing their detention pending the Sessions Judge’s decision. The proceedings shall be submitted to the Sessions Court as soon as possible.
4. The Sessions Court, after reviewing the proceedings, seeking additional evidence if necessary, and giving the person a reasonable opportunity to be heard, may pass any appropriate order.
5. Provided that:
1. The period of imprisonment for failure to provide security shall not exceed three years.
6. If multiple persons have been required to provide security in the same proceedings and one case is referred to the Sessions Judge, the reference shall also include the others. In such cases, the provisions of Sub-Sections (2) and (3) shall apply, except that no person shall be imprisoned for a period longer than the security period originally ordered.
7. A Sessions Judge may transfer proceedings under Sub-Section (2) or (4) to an Additional Sessions Judge or Assistant Sessions Judge, who shall then have the same powers as a Sessions Judge in that matter.
8. If security is tendered to the jail officer in charge, they shall immediately refer the matter to the Court or Magistrate who issued the order and await their instructions.
1. Imprisonment for failure to provide security for keeping the peace shall be simple.
2. Imprisonment for failure to provide security for good behavior shall be:
   1. Simple if the proceedings were under Section 108.
   2. Rigorous or simple, as directed by the Court or Magistrate, if the proceedings were under Section 109 or Section 110.