Section 116 CrPC - Inquiry as to Truth of Information
Section 116 of the Code of Criminal Procedure, 1973 governed the Magistrate's inquiry into information supporting preventive security proceedings. Its corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 is Section 135.
What does Section 116 CrPC provide?
After the preliminary order has been explained or the concerned person appears in response to a summons or warrant, the Magistrate must inquire into the truth of the information relied upon. The purpose is to determine whether a preventive security order is justified, rather than to decide guilt in a criminal prosecution.
Full text of Section 116 CrPC
Sub-section 1. When an order under section 111 has been read or explained under section 112 to a person present in Court, or when any person appears or is brought before a Magistrate in compliance with, or in execution of, a summons or warrant, issued under section 113, the Magistrate shall proceed to inquire into the truth of the information upon which action has been taken, and to take such further evidence as may appear necessary.
Sub-section 2. Such inquiry shall be made, as nearly as may be practicable, in the manner hereinafter prescribed for conducting trial and recording evidence in summons-cases.
Sub-section 3. After the commencement, and before the completion, of the inquiry under sub-section (1), the Magistrate, if he considers that immediate measures are necessary for the prevention of a breach of the peace or disturbance of the public tranquility or the commission of any offence or for the public safety, may, for reasons to be recorded in writing, direct the person in respect of whom the order under section 111 has been made to execute a bond, with or without sureties, for keeping the peace or maintaining good behaviour until the conclusion of the inquiry, and may detain him in custody until such bond is executed or, in default of execution, until the inquiry is concluded: Provided that: (a) no person against whom proceedings are not being taken under section 108, section 109, or section 110 shall be directed to execute a bond for maintaining good behaviour; (b) the conditions of such bond, whether as to the amount thereof or as to the provision of sureties or the number thereof or the pecuniary extent of their liability, shall not be more onerous than those specified in the order under section 111.
Sub-section 4. For the purposes of this section the fact that a person is an habitual offender or is so desperate and dangerous as to render his being at large without security hazardous to the community may be proved by evidence of general repute or otherwise.
Sub-section 5. Where two or more persons have been associated together in the matter under inquiry, they may be dealt within the same or separate inquiries as the Magistrate shall think just.
Sub-section 6. The inquiry under this section shall be completed within a period of six months from the date of its commencement, and if such inquiry is not so completed, the proceedings under this Chapter shall, on the expiry of the said period, stand terminated unless, for special reasons to be recorded in writing, the Magistrate otherwise directs: Provided that where any person has been kept in detention pending such inquiry, the proceeding against that person, unless terminated earlier, shall stand terminated on the expiry of a period of six months of such detention.
Sub-section 7. Where any direction is made under sub-section
Sub-section 6. permitting the continuance of proceedings the Sessions Judge may, on an application made to him by the aggrieved party, vacate such direction if he is satisfied that it was not based on any special reason or was perverse.
Explanation of the main legal requirements
1. Commencement of inquiry
The inquiry begins after the steps under Sections 111 to 113 CrPC. The Magistrate must examine the underlying information and take evidence considered necessary.
2. Procedure and evidence
The inquiry should, so far as practicable, follow the procedure for trial and recording of evidence in summons cases. A preventive order must rest on the statutory inquiry, not merely on an untested allegation.
3. Interim security and detention
During the inquiry, the Magistrate may require an interim bond where immediate preventive measures are necessary, but must record reasons in writing. The restrictions and provisos in sub-section (3) limit both the kinds of bonds and the conditions imposed. Detention pending execution of the bond is subject to the statute and applicable constitutional safeguards.
4. Habitual offenders and joint inquiries
Sub-section (4) permits evidence of general repute or other evidence on habitual or dangerous conduct. Under sub-section (5), persons associated in the same matter may be dealt with jointly or separately, as the Magistrate considers just.
5. Six-month limit
Ordinarily, an inquiry must be completed within six months of commencement. The Magistrate may direct continuation for special reasons recorded in writing, but proceedings against a person detained pending inquiry terminate after six months of such detention unless terminated earlier. An aggrieved party may apply to the Sessions Judge to set aside an unjustified or perverse extension.
Corresponding provision: Section 135 BNSS, 2023
Section 135 BNSS - Inquiry as to truth of information addresses the inquiry in preventive security proceedings under the new procedural law. When assessing any current case, read the operative BNSS text and related provisions together, rather than assuming that every procedural detail is unchanged from CrPC Section 116.
The relevant surrounding BNSS provisions include Section 130 (order to be made), Section 132 (summons or warrant for a person not present), Section 133 (copy of order to accompany summons or warrant), Section 134 (power to dispense with personal attendance), and Section 136 (order to give security).
Official statutory sources
Consult the India Code official legislation portal for the Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023) and the Code of Criminal Procedure, 1973 (Act 2 of 1974). The Ministry of Home Affairs publishes information on implementation of the new criminal laws.
Frequently asked questions
Is Section 116 CrPC still applicable?
CrPC was repealed from 1 July 2024, subject to the savings in Section 531 BNSS. The applicable law depends on when the proceedings commenced and the transitional rules.
What is the new BNSS section corresponding to Section 116 CrPC?
The corresponding provision is Section 135 BNSS, titled "Inquiry as to truth of information".
Can a Magistrate demand an interim bond?
Yes, where the applicable provision permits it and its conditions are satisfied, including recorded reasons and statutory limits.
How long may the inquiry continue?
Under former Section 116(6) CrPC, the ordinary period was six months from commencement, subject to the specified exception and stricter rule for a person detained pending inquiry. Consult Section 135 BNSS for current proceedings.