CrPC 110→BNSS 129

CrPC 110 to BNSS 129: Security for good behaviour from habitual offenders

Section 110 CrPC (1973) replaced by Section 129 BNSS (2023)

View CrPC Section 110 →View BNSS Section 129 →

CrPC 110 to BNSS 129 at a Glance

Section 110 CrPC (Security for good behaviour from habitual offenders) is now Section 129 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 110 to BNSS 129?

Section 110 CrPC is found in Section 129 BNSS from 1 July 2024, with the same heading. Section 129(d) BNSS refers to Chapter X and section 178, section 179, section 180 or section 181 of the Bharatiya Nyaya Sanhita, 2023 where Section 110(d) CrPC referred to Chapter XII and section 489A, section 489B, section 489C or section 489D of the Indian Penal Code. In the list of Acts, Section 129(f)(i) BNSS has no counterpart to the Foreign Exchange Regulation Act, 1973 or the Prevention of Food Adulteration Act, 1954, names the Protection of Civil Rights Act, 1955 and the Employees' Provident Fund and Miscellaneous Provisions Act, 1952 where Section 110(f)(i) CrPC named other Acts, and adds the Food Safety and Standards Act, 2006. Section 129 BNSS reads a bail bond where Section 110 CrPC read a bond, with sureties, a change of form.

CrPC 110 vs BNSS 129: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section110129
HeadingSecurity for good behaviour from habitual offendersSame

CrPC 110 and BNSS 129: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 110, CrPC 1973

110. Security for good behaviour from habitual offenders.—When an Executive Magistrate receives information that there is within his local jurisdiction a person who— (a) is by habit a robber, house-breaker, thief, or forger, or (b) is by habit a receiver of stolen property knowing the same to have been stolen, or (c) habitually protects or harbours thieves, or aids in the concealment or disposal of stolen property, or (d) habitually commits, or attempts to commit, or abets the commission of, the offence of kidnapping, abduction, extortion, cheating or mischief, or any offence punishable under Chapter XII of the Indian Penal Code (45 of 1860), or under section 489A, section 489B, section 489C or section 489D of that Code, or (e) habitually commits, or attempts to commit, or abets the commission of, offences, involving a breach of the peace, or (f) habitually commits, or attempts to commit, or abets the commission of— (i) any offence under one or more of the following Acts, namely:— (a) the Drugs and Cosmetics Act, 1940 (23 of 1940); (b) the Foreign Exchange Regulation Act, 1973 (46 of 1973); (c) the Employees’ Provident Fund and Family Pension Fund Act, 1952 (19 of 1952); (d) the Prevention of Food Adulteration Act, 1954 (37 of 1954); (e) the Essential Commodities Act, 1955 (10 of 1955); (f) the Untouchability (Offences) Act, 1955 (22 of 1955); (g) the Customs Act, 1962 (52 of 1962); (h) the Foreigners Act, 1946 (31 of 1946); or (ii) any offence punishable under any other law providing for the prevention of hoarding or profiteering or of adulteration of food or drugs or of corruption, or (g) is so desperate and dangerous as to render his being at large without security hazardous to the community, such Magistrate may, in the manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond, with sureties, for his good behaviour for such period, not exceeding three years, as the Magistrate thinks fit.
BNSS 2023 (in force)

Section 129, BNSS 2023

129. Security for good behaviour from habitual offenders.—When an Executive Magistrate receives information that there is within his local jurisdiction a person who— (a) is by habit a robber, house-breaker, thief, or forger; or (b) is by habit a receiver of stolen property knowing the same to have been stolen; or (c) habitually protects or harbours thieves, or aids in the concealment or disposal of stolen property; or (d) habitually commits, or attempts to commit, or abets the commission of, the offence of kidnapping, abduction, extortion, cheating or mischief, or any offence punishable under Chapter X of the Bharatiya Nyaya Sanhita, 2023, or under section 178, section 179, section 180 or section 181 of that Sanhita; or (e) habitually commits, or attempts to commit, or abets the commission of, offences, involving a breach of the peace; or (f) habitually commits, or attempts to commit, or abets the commission of— (i) any offence under one or more of the following Acts, namely:— (a) the Drugs and Cosmetics Act, 1940; (b) the Foreigners Act, 1946; (c) the Employees' Provident Fund and Miscellaneous Provisions Act, 1952; (d) the Essential Commodities Act, 1955; (e) the Protection of Civil Rights Act, 1955; (f) the Customs Act, 1962; (g) the Food Safety and Standards Act, 2006; or (ii) any offence punishable under any other law providing for the prevention of hoarding or profiteering or of adulteration of food or drugs or of corruption; or (g) is so desperate and dangerous as to render his being at large without security hazardous to the community, such Magistrate may, in the manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bail bond, for his good behaviour for such period, not exceeding three years, as the Magistrate thinks fit.

When It Applies: CrPC 110 vs BNSS 129

Under CrPC 110
  1. Under Section 110 CrPC an Executive Magistrate who receives information that there is within the local jurisdiction of the Magistrate a person who falls within Section 110(a) CrPC to Section 110(g) CrPC may act.
  2. Section 110(a) CrPC, Section 110(b) CrPC and Section 110(c) CrPC cover a person who is by habit a robber, house-breaker, thief, or forger, who is by habit a receiver of stolen property knowing the same to have been stolen, or who habitually protects or harbours thieves, or aids in the concealment or disposal of stolen property.
  3. Section 110(d) CrPC covers a person who habitually commits, or attempts to commit, or abets the commission of, the offence of kidnapping, abduction, extortion, cheating or mischief, or any offence punishable under Chapter XII of the Indian Penal Code or under section 489A, section 489B, section 489C or section 489D of that Code.
  4. Section 110(e) CrPC covers a person who habitually commits, or attempts to commit, or abets the commission of, offences, involving a breach of the peace.
  5. Section 110(f) CrPC covers a person who habitually commits, or attempts to commit, or abets the commission of, any offence under one or more of the Acts named in Section 110(f)(i) CrPC, or any offence punishable under any other law providing for the prevention of hoarding or profiteering or of adulteration of food or drugs or of corruption.
  6. Section 110(g) CrPC covers a person who is so desperate and dangerous as to render being at large without security hazardous to the community.
  7. The Magistrate may require such person to show cause why the person should not be ordered to execute a bond, with sureties, for good behaviour.
Under BNSS 129
  1. Under Section 129 BNSS an Executive Magistrate who receives information that there is within the local jurisdiction of the Magistrate a person who falls within Section 129(a) BNSS to Section 129(g) BNSS may act.
  2. Section 129(a) BNSS, Section 129(b) BNSS and Section 129(c) BNSS cover a person who is by habit a robber, house-breaker, thief, or forger, who is by habit a receiver of stolen property knowing the same to have been stolen, or who habitually protects or harbours thieves, or aids in the concealment or disposal of stolen property.
  3. Section 129(d) BNSS covers a person who habitually commits, or attempts to commit, or abets the commission of, the offence of kidnapping, abduction, extortion, cheating or mischief, or any offence punishable under Chapter X of the Bharatiya Nyaya Sanhita, 2023, or under section 178, section 179, section 180 or section 181 of that Sanhita.
  4. Section 129(e) BNSS covers a person who habitually commits, or attempts to commit, or abets the commission of, offences, involving a breach of the peace.
  5. Section 129(f) BNSS covers a person who habitually commits, or attempts to commit, or abets the commission of, any offence under one or more of the Acts named in Section 129(f)(i) BNSS, or any offence punishable under any other law providing for the prevention of hoarding or profiteering or of adulteration of food or drugs or of corruption.
  6. Section 129(g) BNSS covers a person who is so desperate and dangerous as to render being at large without security hazardous to the community.
  7. The Magistrate may require such person to show cause why the person should not be ordered to execute a bail bond for good behaviour.

Time Limits: CrPC 110 to BNSS 129

Under CrPC 110
  • Under Section 110 CrPC the bond for good behaviour is for such period, not exceeding three years, as the Magistrate thinks fit.Act text: “for such period, not exceeding three years, as the Magistrate thinks fit”
Under BNSS 129
  • Under Section 129 BNSS the bail bond for good behaviour is for such period, not exceeding three years, as the Magistrate thinks fit.Act text: “for such period, not exceeding three years, as the Magistrate thinks fit”

What CrPC 110 to BNSS 129 Means in Practice

From 1 July 2024, the Executive Magistrate acts under Section 129 of the Bharatiya Nagarik Suraksha Sanhita, 2023 and not under Section 110 of the Code of Criminal Procedure, 1973. A person who habitually commits an offence under an Act named in Section 129(f)(i) BNSS is within Section 129(f) BNSS, and the list of Acts differs from the list in Section 110(f)(i) CrPC.

FAQs: CrPC 110 to BNSS 129

Which Acts differ between Section 110(f)(i) CrPC and Section 129(f)(i) BNSS?▼

Section 129(f)(i) BNSS has no counterpart to the Foreign Exchange Regulation Act, 1973 or the Prevention of Food Adulteration Act, 1954 named in Section 110(f)(i) CrPC. It names the Protection of Civil Rights Act, 1955, the Employees' Provident Fund and Miscellaneous Provisions Act, 1952 and the Food Safety and Standards Act, 2006 where Section 110(f)(i) CrPC named the Untouchability Offences Act, 1955 and the Employees' Provident Fund and Family Pension Fund Act, 1952, and did not name the 2006 Act. The bare texts do not say why.

How do the references to the penal law differ between Section 110(d) CrPC and Section 129(d) BNSS?▼

Section 129(d) BNSS refers to Chapter X and section 178, section 179, section 180 or section 181 of the Bharatiya Nyaya Sanhita, 2023. Section 110(d) CrPC referred to Chapter XII and section 489A, section 489B, section 489C or section 489D of the Indian Penal Code.

Why does Section 129 BNSS read a bail bond where Section 110 CrPC read a bond, with sureties?▼

Section 2(1)(d) BNSS defines a bail bond as an undertaking for release with surety, so the wording in Section 129 BNSS is a change of form. Both name such period, not exceeding three years, 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: 22 Oct 2026 ·