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CRIMINAL PROCEDURE | UPDATED 2026

Section 112 CrPC - Procedure in Respect of Person Present in Court | Section 131 BNSS

Section 112 of the Code of Criminal Procedure, 1973 required a preventive security order to be read or explained to the person concerned when that person was present in court. The corresponding current provision is Section 131 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).

Current legal position: The BNSS came into force on 1 July 2024 and replaced the CrPC, subject to applicable repeal and savings provisions. Section 131 BNSS substantially retains the language of former Section 112 CrPC. For proceedings instituted before commencement, check Section 531 BNSS on savings.

Text of Section 131 BNSS - Procedure in Respect of Person Present in Court

"If the person in respect of whom such order is made is present in Court, it shall be read over to him, or, if he so desires, the substance thereof shall be explained to him."

This is also the operative wording of Section 112 CrPC, 1973. The provision concerns an order requiring a person to show cause why security for keeping the peace or maintaining good behaviour should not be required.

Meaning and Purpose of Section 131 BNSS

Section 131 requires the Magistrate to communicate the show-cause order to a person who is already present in court. The order must be read over to that person or, if the person wishes, its substance must be explained. This safeguards notice of the allegations and the proposed security requirement before the statutory inquiry proceeds.

How the Procedure Works

  1. Written order: Under Section 130 BNSS (formerly Section 111 CrPC), the Magistrate first makes a written show-cause order stating the substance of the information, bond amount, period and surety requirements.
  2. Person present: Where the person concerned is present in court, Section 131 requires the order to be read over or its substance explained at the person's request.
  3. Person absent: Section 132 BNSS (formerly Section 113 CrPC) deals with summons or warrants where the person is not present.
  4. Inquiry: Under Section 135 BNSS (formerly Section 116 CrPC), the Magistrate proceeds to inquire into the truth of the information, subject to the statutory procedure.

Important Legal Points

It is a procedural safeguard, not a finding of guilt. Reading or explaining the order does not itself establish the truth of the allegations or automatically require the person to furnish security. The applicable inquiry and final order provisions must be followed.

Security proceedings are preventive. The relevant provisions address the prevention of breaches of peace and specified conduct rather than imposing punishment merely because a show-cause order has been issued.

Section 130 BNSS corresponds to Section 111 CrPC - Order to be Made. Section 132 BNSS corresponds to Section 113 CrPC - Summons or Warrant. Section 133 BNSS corresponds to Section 114 CrPC - Copy of Order. Section 134 BNSS corresponds to Section 115 CrPC - Dispensing with Personal Attendance. Section 135 BNSS corresponds to Section 116 CrPC - Inquiry.

Official Legal Sources

For the statutory text and related provisions, refer to the National Crime Records Bureau's BNSS chapter text and the Bureau of Police Research and Development's BNSS reference PDF. The current text and applicability should be checked against official notifications and amendments.

This article is general legal information, not advice on an individual proceeding. Last reviewed: 17 October 2026.