CrPC § 123 — Imprisonment in default of security

Statutory text (English)

(1) If any person ordered to give security under section
106 or section 118 does not give such security on or before the date on which the period for which such
security is to be given commences, he shall, except in the case next hereinafter mentioned, be committed to
prison, or, if he is already in prison be detained in prison until such period expires or until within such period
he gives the security to the Court or Magistrate who made the order requiring it.

(2) Proceedings when to be laid before High Court or Court of Sessions. 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 Sessions Judge 2* * * ;and the proceedings shall be laid, as soon as conveniently
may be, before 3[such Judge].

(3) 3[The Sessions Judge], after examining such proceedings and requiring from the Magistrate any
further information or evidence which 4[he] thinks necessary, may pass such order on the case as 4[he]
thinks fit:

Provided that the period (if any) for which any person is imprisoned for failure to give security shall not
exceed three years.
5[(3A) If security has been required in the course of the same proceedings from two or more persons in
respect of any one of whom the proceedings are referred to the Sessions Judge 6* * * 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.
(3B) A Sessions Judge may in his discretion transfer any proceedings laid before him under sub-section

(2) or sub-section (3A) to an Additional Sessions 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.]

(4) 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.

(5) Kind of imprisonment. Imprisonment for failure to give security for keeping the peace shall be
simple.

(6) Imprisonment for failure to give security for good behaviour 1[shall, where the proceedings have
been taken under section 1082* * * be simple and, where the proceedings have been taken under 3[section
109 or] section 110], be rigorous or simple as the Court or Magistrate in each case directs.

Source and verification

Source citation: CrPC (Act V of 1898) s.123: Pakistan Code portal consolidated official PDF 'THE CODE OF CRIMINAL PROCEDURE' (Act No. V of 1898, last amended 2017-02-16), p. 64, 65, ingested 2026-09-15. Automated transcription from official source (pypdf extraction, audited artifact repair); human admin re-check required before production.

Verification status: verified · Text status: auto_transcribed_verified_source

The record cites an official source, but its transcription is automated or only partly checked; a human re-check is pending.

Official Urdu text status: pending_official_urdu_text. Where official Urdu wording has not been sourced, Qanoon does not substitute an unverified translation for the statutory text.

Historical text notes

1 historical record is linked to this section. Historical wording may be incomplete or pending verification; it is not presented as current law.

• Date not confirmed: Consolidated current text as published in the official Pakistan Code PDF (p. 64, 65) — reflects all amendments recorded in the official footnotes up to ingest date 2026-09-15. Automated transcription; per-amendment…

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