CrPC 116→BNSS 135

CrPC 116 to BNSS 135: Inquiry as to truth of information

Section 116 CrPC (1973) replaced by Section 135 BNSS (2023)

View CrPC Section 116 →View BNSS Section 135 →

CrPC 116 to BNSS 135 at a Glance

Section 116 CrPC (Inquiry as to truth of information) is now Section 135 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 116 to BNSS 135?

Section 116 CrPC is found in Section 135 BNSS from 1 July 2024, with the same heading. Section 135(1) BNSS refers to Section 130 BNSS, Section 131 BNSS and Section 132 BNSS where Section 116(1) CrPC referred to Section 111 CrPC, Section 112 CrPC and Section 113 CrPC. Section 135(3) BNSS refers to Section 130 BNSS, and Section 135(3)(a) BNSS to Section 127 BNSS, Section 128 BNSS and Section 129 BNSS, where Section 116(3) CrPC referred to Section 111 CrPC and Section 116(3)(a) CrPC to Section 108 CrPC, Section 109 CrPC and Section 110 CrPC. Section 135(3) BNSS and Section 135(3)(a) BNSS read bond or bail bond where Section 116(3) CrPC and Section 116(3)(a) CrPC read a bond, with or without sureties, and a bond, a change of form. Section 135(2) BNSS and Section 135(4) BNSS to Section 135(7) BNSS carry the same words as Section 116(2) CrPC and Section 116(4) CrPC to Section 116(7) CrPC.

CrPC 116 vs BNSS 135: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section116135
HeadingInquiry as to truth of informationSame
Sub-sections7 sub-sectionsSame
Cross-referencess.111, s.113, s.108s.130, s.132, s.127

CrPC 116 and BNSS 135: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 116, CrPC 1973

116. Inquiry as to truth of information.—(1) When an order under section 111 has been read or explained under section 112 to a person present in Court, or when any person appears or is brought before a Magistrate in compliance with, or in execution of, a summons or warrant, issued under section 113, the Magistrate shall proceed to inquire into the truth of the information upon which action has been taken, and to take such further evidence as may appear necessary. (2) Such inquiry shall be made, as nearly as may be practicable, in the manner hereinafter prescribed for conducting trial and recording evidence in summons-cases. (3) After the commencement, and before the completion, of the inquiry under sub-section (1), the Magistrate, if he considers that immediate measures are necessary for the prevention of a breach of the peace or disturbance of the public tranquillity or the commission of any offence or for the public safety, may, for reasons to be recorded in writing, direct the person in respect of whom the order under section 111 has been made to execute a bond, with or without sureties, for keeping the peace or maintaining good behaviour until the conclusion of the inquiry, and may detain him in custody until such bond is executed or, in default of execution, until the inquiry is concluded: Provided that— (a) no person against whom proceedings are not being taken under section 108, section 109, or section 110 shall be directed to execute a bond for maintaining good behaviour; (b) the conditions of such bond, whether as to the amount thereof or as to the provision of sureties or the number thereof or the pecuniary extent of their liability, shall not be more onerous than those specified in the order under section 111. (4) For the purposes of this section the fact that a person is an habitual offender or is so desperate and dangerous as to render his being at large without security hazardous to the community may be proved by evidence of general repute or otherwise. (5) Where two or more persons have been associated together in the matter under inquiry, they may be dealt with in the same or separate inquiries as the Magistrate shall think just. (6) The inquiry under this section shall be completed within a period of six months from the date of its commencement, and if such inquiry is not so completed, the proceedings under this Chapter shall, on the expiry of the said period, stand terminated unless, for special reasons to be recorded in writing, the Magistrate otherwise directs: Provided that where any person has been kept in detention pending such inquiry, the proceeding against that person, unless terminated earlier, shall stand terminated on the expiry of a period of six months of such detention. (7) Where any direction is made under sub-section (6) permitting the continuance of proceedings the Sessions Judge may, on an application made to him by the aggrieved party, vacate such direction if he is satisfied that it was not based on any special reason or was perverse.
BNSS 2023 (in force)

Section 135, BNSS 2023

135. Inquiry as to truth of information.—(1) When an order under section 130 has been read or explained under section 131 to a person present in Court, or when any person appears or is brought before a Magistrate in compliance with, or in execution of, a summons or warrant, issued under section 132, the Magistrate shall proceed to inquire into the truth of the information upon which action has been taken, and to take such further evidence as may appear necessary. (2) Such inquiry shall be made, as nearly as may be practicable, in the manner hereinafter prescribed for conducting trial and recording evidence in summons-cases. (3) After the commencement, and before the completion, of the inquiry under sub-section (1), the Magistrate, if he considers that immediate measures are necessary for the prevention of a breach of the peace or disturbance of the public tranquillity or the commission of any offence or for the public safety, may, for reasons to be recorded in writing, direct the person in respect of whom the order under section 130 has been made to execute a bond or bail bond, for keeping the peace or maintaining good behaviour until the conclusion of the inquiry, and may detain him in custody until such bond or bail bond is executed or, in default of execution, until the inquiry is concluded: Provided that— (a) no person against whom proceedings are not being taken under section 127, section 128, or section 129 shall be directed to execute a bond or bail bond for maintaining good behaviour; (b) the conditions of such bond, whether as to the amount thereof or as to the provision of sureties or the number thereof or the pecuniary extent of their liability, shall not be more onerous than those specified in the order under section 130. (4) For the purposes of this section the fact that a person is a habitual offender or is so desperate and dangerous as to render his being at large without security hazardous to the community may be proved by evidence of general repute or otherwise. (5) Where two or more persons have been associated together in the matter under inquiry, they may be dealt with in the same or separate inquiries as the Magistrate shall think just. (6) The inquiry under this section shall be completed within a period of six months from the date of its commencement, and if such inquiry is not so completed, the proceedings under this Chapter shall, on the expiry of the said period, stand terminated unless, for special reasons to be recorded in writing, the Magistrate otherwise directs: Provided that where any person has been kept in detention pending such inquiry, the proceeding against that person, unless terminated earlier, shall stand terminated on the expiry of a period of six months of such detention. (7) Where any direction is made under sub-section (6) permitting the continuance of proceedings, the Sessions Judge may, on an application made to him by the aggrieved party, vacate such direction if he is satisfied that it was not based on any special reason or was perverse.

When It Applies: CrPC 116 vs BNSS 135

Under CrPC 116
  1. Under Section 116(1) CrPC the Magistrate shall proceed to inquire into the truth of the information upon which action has been taken when an order under Section 111 CrPC has been read or explained under Section 112 CrPC to a person present in Court.
  2. Under Section 116(1) CrPC the Magistrate shall also proceed to inquire when any person appears or is brought before the Magistrate in compliance with, or in execution of, a summons or warrant issued under Section 113 CrPC.
  3. Under Section 116(2) CrPC the inquiry shall be made, as nearly as may be practicable, in the manner that the Code prescribes for conducting trial and recording evidence in summons-cases.
  4. Under Section 116(3) CrPC, after the commencement and before the completion of the inquiry, the Magistrate may, for reasons to be recorded in writing, direct the person in respect of whom the order under Section 111 CrPC has been made to execute a bond, with or without sureties, for keeping the peace or maintaining good behaviour until the conclusion of the inquiry.
  5. Under Section 116(4) CrPC the fact that a person is an habitual offender or is so desperate and dangerous as to render his being at large without security hazardous to the community may be proved by evidence of general repute or otherwise.
  6. Under Section 116(5) CrPC, where two or more persons have been associated together in the matter under inquiry, they may be dealt with in the same or separate inquiries as the Magistrate shall think just.
  7. Under Section 116(7) CrPC, where any direction is made under Section 116(6) CrPC permitting the continuance of proceedings, the Sessions Judge may, on an application made by the aggrieved party, vacate such direction if satisfied that it was not based on any special reason or was perverse.
Under BNSS 135
  1. Under Section 135(1) BNSS the Magistrate shall proceed to inquire into the truth of the information upon which action has been taken when an order under Section 130 BNSS has been read or explained under Section 131 BNSS to a person present in Court.
  2. Under Section 135(1) BNSS the Magistrate shall also proceed to inquire when any person appears or is brought before the Magistrate in compliance with, or in execution of, a summons or warrant issued under Section 132 BNSS.
  3. Under Section 135(2) BNSS the inquiry shall be made, as nearly as may be practicable, in the manner that the Sanhita prescribes for conducting trial and recording evidence in summons-cases.
  4. Under Section 135(3) BNSS, after the commencement and before the completion of the inquiry, the Magistrate may, for reasons to be recorded in writing, direct the person in respect of whom the order under Section 130 BNSS has been made to execute a bond or bail bond for keeping the peace or maintaining good behaviour until the conclusion of the inquiry.
  5. Under Section 135(4) BNSS the fact that a person is a habitual offender or is so desperate and dangerous as to render his being at large without security hazardous to the community may be proved by evidence of general repute or otherwise.
  6. Under Section 135(5) BNSS, where two or more persons have been associated together in the matter under inquiry, they may be dealt with in the same or separate inquiries as the Magistrate shall think just.
  7. Under Section 135(7) BNSS, where any direction is made under Section 135(6) BNSS permitting the continuance of proceedings, the Sessions Judge may, on an application made by the aggrieved party, vacate such direction if satisfied that it was not based on any special reason or was perverse.

Time Limits: CrPC 116 to BNSS 135

Under CrPC 116
  • Under Section 116(6) CrPC the inquiry shall be completed within a period of six months from the date of its commencement.Act text: “The inquiry under this section shall be completed within a period of six months from the date of its commencement”
  • If the inquiry is not so completed, the proceedings under the Chapter shall, on the expiry of that period, stand terminated unless, for special reasons to be recorded in writing, the Magistrate otherwise directs.Act text: “if such inquiry is not so completed, the proceedings under this Chapter shall, on the expiry of the said period, stand terminated unless, for special reasons to be recorded in writing, the Magistrate otherwise directs”
  • Under the proviso to Section 116(6) CrPC, where any person has been kept in detention pending the inquiry, the proceeding against that person, unless terminated earlier, shall stand terminated on the expiry of a period of six months of such detention.Act text: “the proceeding against that person, unless terminated earlier, shall stand terminated on the expiry of a period of six months of such detention”
  • Under Section 116(3) CrPC the bond is for keeping the peace or maintaining good behaviour until the conclusion of the inquiry, and the person may be detained in custody until the bond is executed or, in default of execution, until the inquiry is concluded.Act text: “until the conclusion of the inquiry, and may detain him in custody until such bond is executed or, in default of execution, until the inquiry is concluded”
Under BNSS 135
  • Under Section 135(6) BNSS the inquiry shall be completed within a period of six months from the date of its commencement.Act text: “The inquiry under this section shall be completed within a period of six months from the date of its commencement”
  • If the inquiry is not so completed, the proceedings under the Chapter shall, on the expiry of that period, stand terminated unless, for special reasons to be recorded in writing, the Magistrate otherwise directs.Act text: “if such inquiry is not so completed, the proceedings under this Chapter shall, on the expiry of the said period, stand terminated unless, for special reasons to be recorded in writing, the Magistrate otherwise directs”
  • Under the proviso to Section 135(6) BNSS, where any person has been kept in detention pending the inquiry, the proceeding against that person, unless terminated earlier, shall stand terminated on the expiry of a period of six months of such detention.Act text: “the proceeding against that person, unless terminated earlier, shall stand terminated on the expiry of a period of six months of such detention”
  • Under Section 135(3) BNSS the bond or bail bond is for keeping the peace or maintaining good behaviour until the conclusion of the inquiry, and the person may be detained in custody until the bond or bail bond is executed or, in default of execution, until the inquiry is concluded.Act text: “until the conclusion of the inquiry, and may detain him in custody until such bond or bail bond is executed or, in default of execution, until the inquiry is concluded”

What CrPC 116 to BNSS 135 Means in Practice

From 1 July 2024, the inquiry as to truth of information is held under Section 135 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and the direction under Section 135(3) BNSS is to execute a bond or bail bond. Before that date the inquiry was held under Section 116 of the Code of Criminal Procedure, 1973, and the direction under Section 116(3) CrPC was to execute a bond, with or without sureties.

FAQs: CrPC 116 to BNSS 135

Which cross-references differ between Section 116 CrPC and Section 135 BNSS?▼

Section 135(1) BNSS refers to Section 130 BNSS, Section 131 BNSS and Section 132 BNSS where Section 116(1) CrPC referred to Section 111 CrPC, Section 112 CrPC and Section 113 CrPC. Section 135(3) BNSS and Section 135(3)(b) BNSS refer to the order under Section 130 BNSS where Section 116(3) CrPC and Section 116(3)(b) CrPC referred to the order under Section 111 CrPC. Section 135(3)(a) BNSS refers to Section 127 BNSS, Section 128 BNSS and Section 129 BNSS where Section 116(3)(a) CrPC referred to Section 108 CrPC, Section 109 CrPC and Section 110 CrPC.

Why does Section 135(3) BNSS read bond or bail bond where Section 116(3) 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 135(3) BNSS and Section 135(3)(a) BNSS.

Do Section 135 BNSS and Section 116 CrPC name the same time for completing the inquiry?▼

Both Section 135(6) BNSS and Section 116(6) CrPC name a period of six months from the date of commencement of the inquiry, and the proviso to each names a period of six months of detention. Both Section 135(7) BNSS and Section 116(7) CrPC name the Sessions Judge.

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 ·