If any person ordered to give security for keeping the peace on conviction or ordered to give security for keeping the peace or maintaining good behaviour upon the basis of an inquiry made by a Magistrate does not give such security on or before the date fixed, he shall be committed to prison or, if already in prison, be detained until the period his security expires or until he furnishes security to the court or the Magistrate who made the order.
When such person has been ordered by a Magistrate to give security for a period exceeding one year, he shall, on the failure of the person to give such security, issue a warrant directing him to be detained in prison pending the orders of the Sessions Judge, and the proceeding shall be laid before such court.
ADVERTISEMENTS:
Such court after examining such proceedings and requiring from the Magistrate any further information or evidence may pass such order as it thinks fit. But the period for which any person is imprisoned for failure to give security shall exceed three years.
Imprisonment for failure to give security for keeping the peace shall be simple.
Imprisonment for failure to give security for good behaviour under Section 108 shall be simple, but it may be rigorous or simple under Sections 109 and 110 as the court in each case direct. (Section 122).