CrPC 108→BNSS 127

CrPC 108 to BNSS 127: Security for good behaviour from persons disseminating seditious matters

Section 108 CrPC (1973) replaced by Section 127 BNSS (2023)

View CrPC Section 108 →View BNSS Section 127 →

CrPC 108 to BNSS 127 at a Glance

Section 108 CrPC (Security for good behaviour from persons disseminating seditious matters) is now Section 127 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 108 to BNSS 127?

Section 108 CrPC is found in Section 127 BNSS from 1 July 2024. Section 127 BNSS is headed disseminating certain matters where Section 108 CrPC was headed disseminating seditious matters. Section 127(1)(i)(a) BNSS refers to section 152 or section 196 or section 197 or section 299 of the Bharatiya Nyaya Sanhita, 2023 where Section 108(1)(i)(a) CrPC referred to section 124A or section 153A or section 153B or section 295A of the Indian Penal Code. Section 127(1)(i)(b) BNSS and Section 127(1)(ii) BNSS refer to that Sanhita and section 294 where Section 108(1) CrPC referred to the Indian Penal Code and section 292. Section 127(1) BNSS reads a bond or bail bond where Section 108(1) CrPC read a bond, with or without sureties, a change of form. Section 127(2) BNSS reads as Section 108(2) CrPC read.

CrPC 108 vs BNSS 127: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section108127
HeadingSecurity for good behaviour from persons disseminating seditious mattersSecurity for good behaviour from persons disseminating certain matters
Sub-sections2 sub-sectionsSame

CrPC 108 and BNSS 127: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 108, CrPC 1973

108. Security for good behaviour from persons disseminating seditious matters.—(1) When an Executive Magistrate receives information that there is within his local jurisdiction any person who, within or without such jurisdiction,— (i) either orally or in writing or in any other manner, intentionally disseminates or attempts to disseminate or abets the dissemination of,— (a) any matter the publication of which is punishable under section 124A or section 153A or section 153B or section 295A of the Indian Penal Code (45 of 1860), or (b) any matter concerning a Judge acting or purporting to act in the discharge of his official duties which amounts to criminal intimidation or defamation under the Indian Penal Code (45 of 1860), (ii) makes, produces, publishes or keeps for sale, imports, exports, conveys, sells, lets to hire, distributes, publicly exhibits or in any other manner puts into circulation any obscene matter such as is referred to in section 292 of the Indian Penal Code (45 of 1860), and the Magistrate is of opinion that there is sufficient ground for proceeding, the Magistrate may, in the manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond, with or without sureties, for his good behaviour for such period, not exceeding one year, as the Magistrate thinks fit. (2) No proceedings shall be taken under this section against the editor, proprietor, printer or publisher of any publication registered under, and edited, printed and published in conformity with, the rules laid down in the Press and Registration of Books Act, 1867 (25 of 1867), with reference to any matter contained in such publication except by the order or under the authority of the State Government or some officer empowered by the State Government in this behalf.
BNSS 2023 (in force)

Section 127, BNSS 2023

127. Security for good behaviour from persons disseminating certain matters.—(1) When an Executive Magistrate receives information that there is within his local jurisdiction any person who, within or without such jurisdiction,— (i) either orally or in writing or in any other manner, intentionally disseminates or attempts to disseminate or abets the dissemination of,— (a) any matter the publication of which is punishable under section 152 or section 196 or section 197 or section 299 of the Bharatiya Nyaya Sanhita, 2023; or (b) any matter concerning a Judge acting or purporting to act in the discharge of his official duties which amounts to criminal intimidation or defamation under the Bharatiya Nyaya Sanhita, 2023; (ii) makes, produces, publishes or keeps for sale, imports, exports, conveys, sells, lets to hire, distributes, publicly exhibits or in any other manner puts into circulation any obscene matter such as is referred to in section 294 of the Bharatiya Nyaya Sanhita, 2023, and the Magistrate is of opinion that there is sufficient ground for proceeding, the Magistrate may, in the manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond or bail bond, for his good behaviour for such period, not exceeding one year, as the Magistrate thinks fit. (2) No proceedings shall be taken under this section against the editor, proprietor, printer or publisher of any publication registered under, and edited, printed and published in conformity with, the rules laid down in the Press and Registration of Books Act, 1867 with reference to any matter contained in such publication except by the order or under the authority of the State Government or some officer empowered by the State Government in this behalf.

When It Applies: CrPC 108 vs BNSS 127

Under CrPC 108
  1. Under Section 108(1) CrPC an Executive Magistrate who receives information that a person within the Magistrate's local jurisdiction, within or without that jurisdiction, does one of the acts described in Section 108(1)(i) CrPC or Section 108(1)(ii) CrPC may act if the Magistrate is of opinion that there is sufficient ground for proceeding.
  2. Section 108(1)(i)(a) CrPC covers a person who, orally or in writing or in any other manner, intentionally disseminates or attempts to disseminate or abets the dissemination of any matter the publication of which is punishable under section 124A or section 153A or section 153B or section 295A of the Indian Penal Code.
  3. Section 108(1)(i)(b) CrPC covers a person who does so with any matter concerning a Judge acting or purporting to act in the discharge of official duties which amounts to criminal intimidation or defamation under the Indian Penal Code.
  4. Section 108(1)(ii) CrPC covers a person who makes, produces, publishes or keeps for sale, imports, exports, conveys, sells, lets to hire, distributes, publicly exhibits or in any other manner puts into circulation any obscene matter such as is referred to in section 292 of the Indian Penal Code.
  5. The Magistrate may require such person to show cause why that person should not be ordered to execute a bond, with or without sureties, for good behaviour.
  6. Under Section 108(2) CrPC no proceedings shall be taken against the editor, proprietor, printer or publisher of a publication registered under, and edited, printed and published in conformity with, the rules laid down in the Press and Registration of Books Act, 1867, with reference to any matter contained in the publication, except by the order or under the authority of the State Government or some officer empowered by the State Government in this behalf.
Under BNSS 127
  1. Under Section 127(1) BNSS an Executive Magistrate who receives information that a person within the Magistrate's local jurisdiction, within or without that jurisdiction, does one of the acts described in Section 127(1)(i) BNSS or Section 127(1)(ii) BNSS may act if the Magistrate is of opinion that there is sufficient ground for proceeding.
  2. Section 127(1)(i)(a) BNSS covers a person who, orally or in writing or in any other manner, intentionally disseminates or attempts to disseminate or abets the dissemination of any matter the publication of which is punishable under section 152 or section 196 or section 197 or section 299 of the Bharatiya Nyaya Sanhita, 2023.
  3. Section 127(1)(i)(b) BNSS covers a person who does so with any matter concerning a Judge acting or purporting to act in the discharge of official duties which amounts to criminal intimidation or defamation under the Sanhita.
  4. Section 127(1)(ii) BNSS covers a person who makes, produces, publishes or keeps for sale, imports, exports, conveys, sells, lets to hire, distributes, publicly exhibits or in any other manner puts into circulation any obscene matter such as is referred to in section 294 of the Sanhita.
  5. The Magistrate may require such person to show cause why that person should not be ordered to execute a bond or bail bond for good behaviour.
  6. Under Section 127(2) BNSS no proceedings shall be taken against the editor, proprietor, printer or publisher of a publication registered under, and edited, printed and published in conformity with, the rules laid down in the Press and Registration of Books Act, 1867, with reference to any matter contained in the publication, except by the order or under the authority of the State Government or some officer empowered by the State Government in this behalf.

Time Limits: CrPC 108 to BNSS 127

Under CrPC 108
  • Under Section 108(1) CrPC the bond for good behaviour is for such period, not exceeding one year, as the Magistrate thinks fit.Act text: “for such period, not exceeding one year, as the Magistrate thinks fit”
Under BNSS 127
  • Under Section 127(1) BNSS the bond or bail bond for good behaviour is for such period, not exceeding one year, as the Magistrate thinks fit.Act text: “for such period, not exceeding one year, as the Magistrate thinks fit”

What CrPC 108 to BNSS 127 Means in Practice

From 1 July 2024, proceedings of this kind are taken under Section 127 of the Bharatiya Nagarik Suraksha Sanhita, 2023 and not under Section 108 of the Code of Criminal Procedure, 1973. The matter described in Section 127(1)(i)(a) BNSS is matter punishable under section 152 or section 196 or section 197 or section 299 of the Sanhita, where Section 108(1)(i)(a) CrPC named section 124A or section 153A or section 153B or section 295A of the Indian Penal Code.

FAQs: CrPC 108 to BNSS 127

Which provisions does Section 127(1)(i)(a) BNSS name where Section 108(1)(i)(a) CrPC named others?▼

Section 127(1)(i)(a) BNSS names section 152 or section 196 or section 197 or section 299 of the Bharatiya Nyaya Sanhita, 2023. Section 108(1)(i)(a) CrPC named section 124A or section 153A or section 153B or section 295A of the Indian Penal Code. The bare texts do not say why the list differs.

Why does Section 127 BNSS read bond or bail bond where Section 108 CrPC read a bond, with or without sureties?▼

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 in Section 127(1) BNSS is a change of form.

Do Section 127 BNSS and Section 108 CrPC name the same period and the same Magistrate?▼

Both name an Executive Magistrate and such period, not exceeding one year, as the Magistrate thinks fit. Section 127(2) BNSS and Section 108(2) CrPC both require the order or authority of the State Government or some officer empowered by the State Government in this behalf before proceedings are taken against the editor, proprietor, printer or publisher of a registered publication.

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 ·