Section 21: Person failing to give security

21. Person failing to give security.___ (1) If any person ordered to give security under section 15 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 be committed to prison or, if he is already in prison, be detained in prison until he gives the security or such period expires: Provided that the period for which any person is imprisoned for failure to give security shall not exceed three years. (2) If the security is tendered to the officer-in-charge of the prison, he shall forthwith refer the matter to the Special Judge who made the order and shall await his orders. (3) Imprisonment for failure to give security may be simple or rigorous as the Special Judge may direct. (4) Whenever the Special Judge is of the opinion that for reasons of health or otherwise it is expedient to release any person imprisoned for failing to give security under section 15, he may direct the release of such person either without conditions or upon any condition which such person accepts: Provided that any condition imposed shall cease to be operative on the expiration of the period for which such person was ordered to give security. (5) If the condition, if any, upon which any such person has been released is, in the opinion of the Special Judge by whom the order of release was made or of his successor, not fulfilled, he may cancel the conditional order passed under sub-section (4) and direct that such person may be arrested and produced before him. (6) When such person is brought before the Special Judge, he may be directed to give security in accordance with the terms of the original order for the unexpired portion of the term for which he was in the first instance ordered to be detained for his failure to give security and, if he fails to give such security, the Special Judge may remand such person to prison to undergo the unexpired portion of the term, after deducting such period of conditional discharge as the Special Judge may deem fit to specify. (7) A person remanded to prison under sub-section (6) shall be released on his given security in accordance with the terms of the original order for the unexpired portion of the term specified in that order.

Effective date: 1977-01-01

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