Section 117 CrPC - Order to Give Security: Current Law under Section 136 BNSS
Section 117 of the Code of Criminal Procedure, 1973 empowered a Magistrate to order a person to furnish security for keeping the peace or maintaining good behaviour after an inquiry established the necessity. The corresponding provision is now Section 136 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
Text of Section 117 CrPC, 1973
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 execute a bond, 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 111;
(b) the amount of every bond 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 bond shall be executed only by his sureties.
Section 136 BNSS - Order to Give Security
Section 136 BNSS continues the preventive security procedure. After an inquiry under Section 135, where the need for security to maintain peace or good behaviour is proved, the Magistrate shall order execution of a bond or bail bond, subject to the statutory safeguards.
Under Section 136, the security cannot differ in nature, exceed the amount, or run longer than the security specified in the preliminary order under Section 130 BNSS. The amount of the bond or bail bond must reflect the circumstances and must not be excessive. If the person concerned is a child, the bond is to be executed only by the sureties.
Meaning and legal requirements
1. Inquiry must establish necessity
A preventive security order is not automatic merely because information has been received or a preliminary notice has been issued. The Magistrate must consider the inquiry and determine whether security is necessary for keeping the peace or maintaining good behaviour.
2. Security is preventive, not a criminal sentence
The purpose is to prevent anticipated breaches of peace or misconduct, not to punish a person for an offence. The statutory inquiry and recorded findings are important safeguards.
3. Limits imposed by the preliminary order
The final security order must remain within the nature, monetary amount and duration identified in the initial order. Under the CrPC, that was Section 111; under the BNSS, it is Section 130.
4. Reasonable bond amount
The Magistrate must take account of the circumstances of the case. A bond or bail bond cannot be fixed at an excessive amount.
5. Special rule for children
A child is not required to execute the bond personally. Section 136(c) requires execution only by the sureties.
CrPC and BNSS provisions at a glance
| Subject | CrPC, 1973 | BNSS, 2023 |
|---|---|---|
| Preliminary order | Section 111 | Section 130 |
| Inquiry into information | Section 116 | Section 135 |
| Order to give security | Section 117 | Section 136 |
| Discharge where necessity not proved | Section 118 | Section 137 |
| Commencement of security period | Section 119 | Section 138 |
| Contents of bond | Section 120 | Section 139 |
Procedure before a final security order
Ordinarily, the Magistrate first issues a written preliminary order stating the substance of the information and the proposed security. The person is informed of the case and the inquiry proceeds under the applicable procedural provision. If the inquiry proves the necessity for security, the Magistrate may make the final order under Section 136 BNSS. If the necessity is not established, Section 137 provides for discharge and, where applicable, release from custody held solely for that inquiry.
The procedure and any challenge to an order depend on the facts, the stage of proceedings, and the applicable statutory regime.
Frequently asked questions
What replaced Section 117 CrPC?
Section 136 of the BNSS, 2023 is the corresponding provision concerning an order to give security.
Can a Magistrate order an excessive bond?
No. Section 136(b) BNSS requires the bond or bail bond amount to be fixed with regard to the circumstances and not to be excessive.
Can the final security period exceed the preliminary order?
No. Section 136(a) prohibits security for a longer period, a larger amount or a different nature than specified in the preliminary order under Section 130 BNSS.
Does Section 117 CrPC still matter?
Yes. It remains relevant to historical proceedings and matters governed by the repeal and savings provision in Section 531 BNSS.
Official legislation and references
Read the BNSS, 2023 on India Code, the Ministry of Home Affairs new criminal laws portal, and the Bureau of Police Research and Development resources for statutory texts and comparative material.
This article provides general legal information. The applicable law, transitional rules and procedural remedies should be checked against the facts of the particular case.