Section 111 CrPC - Order to Be Made: Section 130 BNSS Explained
Section 111 of the Code of Criminal Procedure, 1973 required a Magistrate to issue a written order stating the grounds and terms when calling upon a person to show cause regarding security for keeping the peace or good behaviour. The corresponding provision under the current law is Section 130 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
What did Section 111 CrPC provide?
Under Section 111 CrPC, a Magistrate proceeding under Section 107, 108, 109 or 110 had to make an order in writing when requiring a person to show cause. The order was required to specify the substance of the information received, the amount of the bond, its duration and the number, character and class of sureties, if any, required.
When a Magistrate acting under section 107, section 108, section 109 or section 110, deems it necessary to require any person to show cause under such section, he shall make an order in writing, setting forth the substance of the information received, the amount of the bond to be executed, the term for which it is to be in force, and the number, character and class of sureties (if any) required.
Section 130 BNSS - Order to be made
Section 130 BNSS is the corresponding operative provision for new proceedings under the BNSS. It applies when a Magistrate considers it necessary to require a person to show cause under Section 126, 127, 128 or 129.
When a Magistrate acting under section 126, section 127, section 128 or section 129, deems it necessary to require any person to show cause under such section, he shall make an order in writing, setting forth the substance of the information received, the amount of the bond to be executed, the term for which it is to be in force and the number of sureties, after considering the sufficiency and fitness of sureties.
Mandatory contents of the written order
- Substance of information: The order must disclose the substance of the information on which the proposed preventive action is based.
- Bond amount: The monetary amount of the bond proposed to be executed must be stated.
- Duration: The period for which the proposed bond will remain effective must be identified, within the limits of the enabling section.
- Sureties: The number of sureties must be specified after considering their sufficiency and fitness.
This written order communicates the case the person is called upon to answer. It is a preliminary show-cause order, not by itself a final determination that security must be furnished.
Proceedings in which Section 130 applies
| Current BNSS section | Earlier CrPC section | Subject |
|---|---|---|
| 126 | 107 | Security for keeping the peace in other cases |
| 127 | 108 | Security for good behaviour from persons disseminating certain matters |
| 128 | 109 | Security for good behaviour from suspected persons |
| 129 | 110 | Security for good behaviour from habitual offenders |
| 130 | 111 | Order to be made |
What happens after the order?
If the person is present in court, Section 131 BNSS provides for the order to be read over or its substance explained. Where the person is not present, Section 132 governs summons or warrants in the prescribed circumstances. Section 133 requires a copy of the Section 130 order to accompany the summons or warrant. Section 134 deals with dispensing with personal attendance, while Section 135 concerns inquiry into the truth of the information.
Depending on the inquiry and the applicable statutory conditions, the Magistrate may subsequently order security under Section 136 BNSS or discharge the person under Section 137 BNSS.
Important change from CrPC to BNSS
The CrPC provision referred to the number, character and class of sureties, if any. Section 130 BNSS instead expressly refers to the number of sureties after considering their sufficiency and fitness. This is a textual change to the requirements for the written order; it should not be understood as removing the need to comply with other applicable provisions governing bonds and sureties.
Frequently asked questions
Is Section 111 CrPC still applicable?
For new proceedings governed by the BNSS, Section 130 is the corresponding provision. Older proceedings may require consideration of the repeal and savings provisions, particularly Section 531 BNSS.
Can a Magistrate demand security without issuing a written order?
Where Section 130 applies, the statute requires a written show-cause order setting out the prescribed particulars before the matter proceeds under the relevant statutory procedure.
Is a Section 130 BNSS order a final order to furnish security?
No. It initiates the show-cause process. The subsequent inquiry and any final security order are governed by other provisions, including Sections 135 and 136 BNSS.
Official legal sources
- India Code - Bharatiya Nagarik Suraksha Sanhita, 2023
- Bureau of Police Research and Development - BNSS text and section comparison (PDF)
- BPR&D - New Criminal Laws resources
- National Crime Records Bureau - New Criminal Laws compendium
This article is general legal information. The applicable statute and procedure in a particular case may depend on when the proceedings commenced and any relevant savings provisions.