393. Imprisonment under Section 106 or 117 Cr.P.C. in addition to a substantive sentence.
(1)If any person, in respect of whom an order requiring security is made under Section 106 or Section 117, 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.Note. - An order under Section 122, Criminal Procedure Code, directing that a person who has failed to give security shall be detained in prison is not a "sentence of imprisonment" for the purposes of Section 427 of the Code. It is merely an order for detention in prison, and if it is passed under Clause 1 (2) of Section 122, the Magistrate's proceedings must be laid before the Sessions Judge, who may thereafter pass such order on the case as he thinks fit, but if the Sessions Judge confirms, or varies the order, and does not set it aside, the period for which detention is ordered must date from the time when the first court passed its order.
