Section 122: Imprisonment in default of security

Q: What does Section 122 of The Criminal Law (Amendment) Act, 2013 (TCLAA) deal with?

Section 122 TCLAA pertains to "Imprisonment in default of security". It is part of the The Criminal Law (Amendment) Act, 2013, a legislation enacted by the Parliament of India. Section 122 of The Criminal Law (Amendment) Act, 2013 (TCLAA) governs imprisonment in default of security. As verified on 22 May 2026.

Q: Is Section 122 TCLAA still in force?

Yes, Section 122 of the The Criminal Law (Amendment) Act, 2013 is currently in force across the Republic of India.

Q: What is धारा 122 TCLAA?

धारा 122 TCLAA is the Devanagari Hindi reference for Section 122 of the The Criminal Law (Amendment) Act, 2013. Section 122 of The Criminal Law (Amendment) Act, 2013 (TCLAA) governs imprisonment in default of security. As verified on 22 May 2026.

Q: What is Dhara 122 TCLAA?

Dhara 122 TCLAA is the Roman Hindi reference for Section 122 of the The Criminal Law (Amendment) Act, 2013. "Dhara" means "Section" in Hindi. Section 122 of The Criminal Law (Amendment) Act, 2013 (TCLAA) governs imprisonment in default of security. As verified on 22 May 2026.

Q: How to cite Section 122 of The Criminal Law (Amendment) Act, 2013?

Cite as: "Section 122, The Criminal Law (Amendment) Act, 2013 (TCLAA)" in legal briefs. For academic writing, use the BlueBook format: The Criminal Law (Amendment) Act, 2013, 2013, § 122 (India).

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(1)

(2)

When such person has been ordered by a Magistrate to give security for a period exceeding one year, such Magistrate shall, if such person does not give such security as aforesaid, issue a warrant directing him to be detained in prison pending the orders of the Session Judge and the proceedings shall be laid, as soon as conveniently may be, before such Court.

(3)

Such Court, after examining such proceedings and requiring from the Magistrate any further information or evidence which it thinks necessary, and after giving the concerned person a reasonable opportunity of being heard, may pass such order on the case as it thinks fit :

Provided that the period (if any) for which any person is imprisoned for failure to give security shall not exceed three years.

(4)

If security has been required in the course of the same proceeding from two or more persons in respect of any one of whom the proceedings are referred to the Sessions Judge under sub-section (2), such reference shall also include the case of any other of such persons who has been ordered to give security, and the provisions of sub-sections (2) and (3) shall, in that event, apply to the case of such other person also, except that the period (if any), for which he may be imprisoned, shall not exceed the period for which he was ordered to give security.

(5)

A Sessions Judge may, in his discretion transfer any proceedings laid before him under sub-section (2) or sub-section (4) to an Additional Session Judge or Assistant Sessions Judge and upon such transfer, such Additional Sessions Judge or Assistant Sessions Judge may exercise the powers of a Sessions Judge under this section in respect of such proceedings.

(6)

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.

(7)

Imprisonment for failure to give security for keeping the peace shall be simple.

(8)

Imprisonment for failure to give security for good behaviour shall, where the proceedings have been taken under section 108, be simple, and, where the proceedings have been taken under section 109 or section 110, be rigorous or simple as the Court or Magistrate in each case directs.