CrPC 109→BNSS 128

CrPC 109 to BNSS 128: Security for good behaviour from suspected persons

Section 109 CrPC (1973) replaced by Section 128 BNSS (2023)

View CrPC Section 109 →View BNSS Section 128 →

CrPC 109 to BNSS 128 at a Glance

Section 109 CrPC (Security for good behaviour from suspected persons) is now Section 128 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 109 to BNSS 128?

Section 109 CrPC is found in Section 128 BNSS from 1 July 2024, with the same heading. Section 128 BNSS reads a bond or bail bond where Section 109 CrPC read a bond, with or without sureties, a change of form. The rest of the text is the same.

CrPC 109 vs BNSS 128: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section109128
HeadingSecurity for good behaviour from suspected personsSame

CrPC 109 and BNSS 128: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 109, CrPC 1973

109. Security for good behaviour from suspected persons.—When an Executive Magistrate receives information that there is within his local jurisdiction a person taking precautions to conceal his presence and that there is reason to believe that he is doing so with a view to committing a cognizable offence, 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.
BNSS 2023 (in force)

Section 128, BNSS 2023

128. Security for good behaviour from suspected persons.—When an Executive Magistrate receives information that there is within his local jurisdiction a person taking precautions to conceal his presence and that there is reason to believe that he is doing so with a view to committing a cognizable offence, 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.

When It Applies: CrPC 109 vs BNSS 128

Under CrPC 109
  1. Under Section 109 CrPC an Executive Magistrate who receives information that there is within the local jurisdiction of the Magistrate a person taking precautions to conceal that person's presence may act.
  2. The Magistrate may act where there is reason to believe that the person is taking those precautions with a view to committing a cognizable offence.
  3. The Magistrate may require such person to show cause why the person should not be ordered to execute a bond, with or without sureties, for good behaviour.
Under BNSS 128
  1. Under Section 128 BNSS an Executive Magistrate who receives information that there is within the local jurisdiction of the Magistrate a person taking precautions to conceal that person's presence may act.
  2. The Magistrate may act where there is reason to believe that the person is taking those precautions with a view to committing a cognizable offence.
  3. The Magistrate may require such person to show cause why the person should not be ordered to execute a bond or bail bond for good behaviour.

Time Limits: CrPC 109 to BNSS 128

Under CrPC 109
  • Under Section 109 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 128
  • Under Section 128 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 109 to BNSS 128 Means in Practice

From 1 July 2024, the Executive Magistrate acts under Section 128 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which reads bond or bail bond. Before that date the Magistrate acted under Section 109 of the Code of Criminal Procedure, 1973, which read a bond, with or without sureties.

FAQs: CrPC 109 to BNSS 128

Why does Section 128 BNSS read bond or bail bond where Section 109 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 128 BNSS is a change of form. The bare texts do not say more.

Do Section 128 BNSS and Section 109 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.

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: 26 Oct 2026 ·