Section 119 CrPC: Commencement of the Period for Which Security Is Required
Key rule: Under Section 119 of the Code of Criminal Procedure, 1973, a security period ordinarily begins on the date of the order. If the person is serving or has been sentenced to imprisonment when the order is made, the period begins after that sentence ends. The corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 is Section 138.
What does Section 119 CrPC provide?
Section 119 determines the starting date of a security obligation ordered for keeping the peace or maintaining good behaviour. It refers to security orders under Section 106 (security for keeping the peace on conviction) and Section 117 (order to give security after inquiry).
Text of Section 119 of the Code of Criminal Procedure, 1973
(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.
Explanation of Section 119 CrPC
Subsection (1): When the person is sentenced to imprisonment
If the person is already serving a sentence, or is sentenced to imprisonment when the security order is made, the security period starts on expiry of that sentence. The provision prevents the security period from running concurrently with that sentence merely because the order was passed earlier.
Subsection (2): All other cases
Where subsection (1) does not apply, the security period begins on the date of the order. A Magistrate may set a later commencement date if there is sufficient reason. The provision does not authorize an earlier commencement date.
Current law: Section 138 BNSS, 2023
The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) came into force on 1 July 2024 and replaced the CrPC for proceedings governed by the new enactment, subject to statutory savings and transitional rules. Section 138 BNSS addresses commencement of the period for which security is required, corresponding to Section 119 CrPC. In the BNSS framework, the relevant security-order provisions are Section 125 (security for keeping peace on conviction) and Section 136 (order to give security).
The BNSS continues the distinction between a person who is sentenced to or undergoing imprisonment when the order is made and other persons whose security period ordinarily begins on the order date. Check the applicable enactment and transitional position before relying on a provision in an ongoing matter.
Practical examples
Example 1: A security order is passed while a person is undergoing a sentence of imprisonment. The security period begins when that sentence expires.
Example 2: A person who is not serving a sentence is directed to furnish security. The period ordinarily begins on the date of the security order, unless the Magistrate fixes a later date for sufficient reason.
Related procedural safeguards
The commencement date must be read with the underlying security order, its specified duration, and the statutory inquiry process. Under the CrPC, Section 116 governs inquiry into the truth of information, Section 117 governs an order to give security, and Section 118 governs discharge where the need for security is not proved.
Frequently asked questions
Does the security period begin immediately after an order?
Usually yes, but not where subsection (1) applies to a person sentenced to or undergoing imprisonment. The Magistrate may also fix a later date under subsection (2) for sufficient reason.
Can the Magistrate postpone the start date?
Yes. In cases governed by subsection (2), the Magistrate may fix a later commencement date for sufficient reason.
Is Section 119 CrPC still the operative provision for new proceedings?
For proceedings governed by the BNSS after 1 July 2024, consult Section 138 BNSS. The CrPC may remain relevant to saved or pending proceedings under the BNSS repeal and savings provision, Section 531.
Official statutory references
Read the legislation and check current amendments on the India Code official legislation portal and the Ministry of Home Affairs website. These are official external references within the article, not website navigation items.
Note: This article provides general legal information and is not a substitute for case-specific advice. Verify the applicable law, dates and judicial orders in individual proceedings.