CrPC 106→BNSS 125

CrPC 106 to BNSS 125: Security for keeping the peace on conviction

Section 106 CrPC (1973) replaced by Section 125 BNSS (2023)

View CrPC Section 106 →View BNSS Section 125 →

CrPC 106 to BNSS 125 at a Glance

Section 106 CrPC (Security for keeping the peace on conviction) is now Section 125 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 106 to BNSS 125?

Section 106 CrPC is found in Section 125 BNSS from 1 July 2024. Section 125(1) BNSS and Section 125(3) BNSS read bond or bail bond where Section 106(1) CrPC and Section 106(3) CrPC read a bond, with or without sureties, and the bond, a change of form. Section 125(2)(a) BNSS refers to Chapter XI of the Bharatiya Nyaya Sanhita, 2023 and to section 193(1) or section 196 or section 197 of that Sanhita where Section 106(2)(a) CrPC referred to Chapter VIII of the Indian Penal Code and to section 153A or section 153B or section 154 of that Code. Section 125(2)(b) BNSS, Section 125(2)(c) BNSS, Section 125(2)(d) BNSS and Section 125(4) BNSS carry the same words as Section 106(2)(b) CrPC, Section 106(2)(c) CrPC, Section 106(2)(d) CrPC and Section 106(4) CrPC.

CrPC 106 vs BNSS 125: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section106125
HeadingSecurity for keeping the peace on convictionSecurity for keeping peace on conviction
Sub-sections4 sub-sectionsSame

CrPC 106 and BNSS 125: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 106, CrPC 1973

106. Security for keeping the peace on conviction.—(1) When a Court of Session or Court of a Magistrate of the first class convicts a person of any of the offences specified in sub-section (2) or of abetting any such offence and is of opinion that it is necessary to take security from such person for keeping the peace, the Court may, at the time of passing sentence on such person, order him to execute a bond, with or without sureties, for keeping the peace for such period, not exceeding three years, as it thinks fit. (2) The offences referred to in sub-section (1) are— (a) any offence punishable under Chapter VIII of the Indian Penal Code (45 of 1860), other than an offence punishable under section 153A or section 153B or section 154 thereof; (b) any offence which consists of, or includes, assault or using criminal force or committing mischief; (c) any offence of criminal intimidation; (d) any other offence which caused, or was intended or known to be likely to cause, a breach of the peace. (3) If the conviction is set aside on appeal or otherwise, the bond so executed shall become void. (4) An order under this section may also be made by an Appellate Court or by a Court when exercising its powers of revision.
BNSS 2023 (in force)

Section 125, BNSS 2023

125. Security for keeping peace on conviction.—(1) When a Court of Session or Court of a Magistrate of the first class convicts a person of any of the offences specified in sub-section (2) or of abetting any such offence and is of opinion that it is necessary to take security from such person for keeping the peace, the Court may, at the time of passing sentence on such person, order him to execute a bond or bail bond, for keeping the peace for such period, not exceeding three years, as it thinks fit. (2) The offences referred to in sub-section (1) are— (a) any offence punishable under Chapter XI of the Bharatiya Nyaya Sanhita, 2023, other than an offence punishable under sub-section (1) of section 193 or section 196 or section 197 thereof; (b) any offence which consists of, or includes, assault or using criminal force or committing mischief; (c) any offence of criminal intimidation; (d) any other offence which caused, or was intended or known to be likely to cause, a breach of the peace. (3) If the conviction is set aside on appeal or otherwise, the bond or bail bond so executed shall become void. (4) An order under this section may also be made by an Appellate Court or by a Court when exercising its powers of revision.

When It Applies: CrPC 106 vs BNSS 125

Under CrPC 106
  1. A Court of Session or Court of a Magistrate of the first class may order security under Section 106(1) CrPC when it convicts a person of an offence listed in Section 106(2) CrPC or of abetting such an offence and is of opinion that it is necessary to take security from that person for keeping the peace.
  2. At the time of passing sentence on the convicted person, the Court may order that person to execute a bond, with or without sureties, for keeping the peace under Section 106(1) CrPC.
  3. Section 106(2)(a) CrPC lists any offence punishable under Chapter VIII of the Indian Penal Code, other than an offence punishable under section 153A or section 153B or section 154 of that Code.
  4. Section 106(2)(b) CrPC, Section 106(2)(c) CrPC and Section 106(2)(d) CrPC list any offence which consists of, or includes, assault or using criminal force or committing mischief, any offence of criminal intimidation, and any other offence which caused, or was intended or known to be likely to cause, a breach of the peace.
  5. If the conviction is set aside on appeal or otherwise, the bond so executed shall become void under Section 106(3) CrPC.
  6. Under Section 106(4) CrPC an order may also be made by an Appellate Court or by a Court when exercising its powers of revision.
Under BNSS 125
  1. A Court of Session or Court of a Magistrate of the first class may order security under Section 125(1) BNSS when it convicts a person of an offence listed in Section 125(2) BNSS or of abetting such an offence and is of opinion that it is necessary to take security from that person for keeping the peace.
  2. At the time of passing sentence on the convicted person, the Court may order that person to execute a bond or bail bond for keeping the peace under Section 125(1) BNSS.
  3. Section 125(2)(a) BNSS lists any offence punishable under Chapter XI of the Bharatiya Nyaya Sanhita, 2023, other than an offence punishable under section 193(1) or section 196 or section 197 of that Sanhita.
  4. Section 125(2)(b) BNSS, Section 125(2)(c) BNSS and Section 125(2)(d) BNSS list any offence which consists of, or includes, assault or using criminal force or committing mischief, any offence of criminal intimidation, and any other offence which caused, or was intended or known to be likely to cause, a breach of the peace.
  5. If the conviction is set aside on appeal or otherwise, the bond or bail bond so executed shall become void under Section 125(3) BNSS.
  6. Under Section 125(4) BNSS an order may also be made by an Appellate Court or by a Court when exercising its powers of revision.

Time Limits: CrPC 106 to BNSS 125

Under CrPC 106
  • Under Section 106(1) CrPC the Court may order the bond at the time of passing sentence on the convicted person.Act text: “at the time of passing sentence on such person”
  • Under Section 106(1) CrPC the bond is for keeping the peace for such period, not exceeding three years, as the Court thinks fit.Act text: “for such period, not exceeding three years, as it thinks fit”
Under BNSS 125
  • Under Section 125(1) BNSS the Court may order the bond or bail bond at the time of passing sentence on the convicted person.Act text: “at the time of passing sentence on such person”
  • Under Section 125(1) BNSS the bond or bail bond is for keeping the peace for such period, not exceeding three years, as the Court thinks fit.Act text: “for such period, not exceeding three years, as it thinks fit”

What CrPC 106 to BNSS 125 Means in Practice

From 1 July 2024, an order for security for keeping the peace on conviction is made under Section 125 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which reads bond or bail bond. Before that date the order was made under Section 106 of the Code of Criminal Procedure, 1973, which read a bond, with or without sureties.

FAQs: CrPC 106 to BNSS 125

Do Section 125 BNSS and Section 106 CrPC name the same courts and the same period?▼

Both name a Court of Session or Court of a Magistrate of the first class, the time of passing sentence, and such period, not exceeding three years, as the Court thinks fit. Section 125(4) BNSS and Section 106(4) CrPC both name an Appellate Court or a Court when exercising its powers of revision.

Why does Section 125 BNSS read bond or bail bond where Section 106 CrPC read a bond, with or without sureties?▼

The bare texts do not say why. Section 2(1)(e) BNSS defines a bond as a personal bond or undertaking for release without surety and Section 2(1)(d) BNSS defines a bail bond as an undertaking for release with surety, so the wording is a change of form in Section 125(1) BNSS and Section 125(3) BNSS.

How do the lists of offences differ between Section 106(2) CrPC and Section 125(2) BNSS?▼

Section 125(2)(a) BNSS refers to Chapter XI of the Bharatiya Nyaya Sanhita, 2023 and excludes section 193(1) or section 196 or section 197 of that Sanhita. Section 106(2)(a) CrPC referred to Chapter VIII of the Indian Penal Code and excluded section 153A or section 153B or section 154 of that Code. Section 125(2)(b) BNSS, Section 125(2)(c) BNSS and Section 125(2)(d) BNSS read the same as Section 106(2)(b) CrPC, Section 106(2)(c) CrPC and Section 106(2)(d) CrPC.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 22 Oct 2026 ·