448 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
Section 119
If it is not proved that it is necessary for keeping peace or good behaviour, the Magistrate shall release him if he is in custody or discharge him after making an entry to that effect.
Is the person proceeded against an accused person ?
There is a difference of view on this question. In some cases it has been held that he is an accused person.
In other cases it has been held that he is not an accused person.
Bombay L.R. 27.
The sections itself are clear.
The deliberate use of such expressions the person, such persons, etc. and studiously avoiding the use of the word accused, the person informed against, the person called upon to show cause.
That being so, oath can be administered to him and examined and X-examined.
Section 120
The period of security shall commence on the expiration of sentence if one was being undergone at the time.
In other cases, it shall commence on the date of the order unless the Magistrate for sufficient reason fixes a later date.
Section 123
On failure to give security, he shall, 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.
- When the period of security exceeds one year and there is a failure to give security, the Magistrate shall order to detain him in prison pending the orders of the Sessions Judge or High Court to whom the case is to be submitted.
The Sessions Judge or High Court may pass any order except imprisonment exceeding 3 years.
- When the case of one is referred, the cases of others jointly tried is also referred. But me period of theirs shall not be increased.