PART III - GENERAL PROVISIONS

40 Order to give security

(1) If upon such inquiry it is proved that it is necessary for keeping the peace or maintaining good behaviour, as the case may be, that the person in respect of whom the inquiry is made should enter into a recognisance, with or without sureties, the magistrate shall make an order accordingly:
Provided that —
(a) no person shall be ordered to give security of a nature different from, or of an amount larger than, or for a period longer than, that specified in the order made under section 34;
(b) the amount of every recognisance shall be fixed with due regard to the circumstances of the case and shall not be excessive;
(c) when the person in respect of whom the inquiry is made is a minor, the recognisance shall be entered into only by his sureties.

(2) Any person ordered to give security for good behaviour under this section may appeal to the Senior Magistrate, or, if the order under appeal was made by the Senior Magistrate, to the High Court, and the provisions of Part IX (relating to appeals) shall apply to every such appeal.


41 Discharge of person informed against

If on an inquiry under section 39 it is not proved that it is necessary for keeping the peace or maintaining good behaviour, as the case may be, that the person in respect of whom the inquiry is made should enter into a recognisance, the magistrate shall make an entry on the record to that effect, and, if such person is in custody only for the purposes of the inquiry, shall release him, or if such person is not in custody, shall discharge him.


42 Commencement of period for which security is required

(1) If any person in respect of whom an order requiring security is made under section 34 or 40 is, at the time such order is made, sentenced to or undergoing a sentence of imprisonment, the period for which such security is required shall commence on the expiration of such sentence.

(2) In other cases such period shall commence on the date of such order unless the magistrate, for sufficient reason, fixes a later date.

PART VII - PROVISIONS RELATING TO THE COMMITTAL OF ACCUSED PERSONS FOR TRIAL BEFORE THE HIGH COURT

212 Remand

(1) If, from the absence of witnesses or any other reasonable cause to be recorded in the proceedings, the court considers it necessary or advisable to adjourn the inquiry the court may from time to time by warrant remand the accused for a reasonable time, not exceeding 15 clear days at any one time, to some prison or other place of security; or, if the remand is for not more than 3 days, the court may by word of mouth order the officer or person in whose custody the accused person is, or any other fit officer or person, to continue to keep the accused in his custody, and to bring him up at the time appointed for the commencement or continuance of the inquiry.

(2) During a remand the court may at any time order the accused to be brought before it.

(3) The court may on a remand admit the accused to bail.