Description

1. Whenever the District Magistrate, in the case of an order passed by an Executive Magistrate under Section 117, or the Chief Judicial Magistrate in any other case, determines that a person imprisoned for failing to provide security under this Chapter can be released without posing a risk to the community or any individual, they may order the person’s discharge.
2. If a person has been imprisoned for failing to give security, the High Court, Court of Session, or, where the order was issued by another Court, the District Magistrate (for orders under Section 117 by an Executive Magistrate) or the Chief Judicial Magistrate (in any other case) may reduce the amount of security, the number of sureties, or the duration for which security is required.
3. An order under Sub-Section (1) may direct the person's discharge either unconditionally or with conditions that the person accepts.
4. Provided that:
1. Any imposed condition shall cease to apply once the period for which security was originally required expires.
5. The State Government may establish conditions for conditional discharge.
6. If a person fails to comply with the conditions of their discharge, as determined by the relevant Magistrate, the discharge order may be revoked. Upon cancellation, the person may be arrested by any police officer without a warrant and presented before the appropriate Magistrate.
7. Unless the person provides security as per the original order for the remaining unexpired term of their commitment (which shall be deemed to equal the period between the breach of discharge conditions and their expected release date), the Magistrate may order their return to prison to serve the unexpired term.
8. A person remanded to prison under this provision may still be released at any time by providing security according to the original order, either to the issuing Court or Magistrate or their successor.
9. The High Court or Court of Sessions may cancel any bond for maintaining peace or good behavior at any time, provided sufficient reasons are recorded in writing. The District Magistrate or Chief Judicial Magistrate may do the same for bonds executed under their respective jurisdiction.
10. A surety for any person bound by a bond under this Chapter may apply for its cancellation. Upon receiving such an application, the Court shall issue a summons or warrant, as appropriate, requiring the concerned person to appear or be brought before the Court.