CrPC 117→BNSS 136

CrPC 117 to BNSS 136: Order to give security

Section 117 CrPC (1973) replaced by Section 136 BNSS (2023)

View CrPC Section 117 →View BNSS Section 136 →

CrPC 117 to BNSS 136 at a Glance

Section 117 CrPC (Order to give security) is now Section 136 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 117 to BNSS 136?

Section 117 CrPC is found in Section 136 BNSS from 1 July 2024, with the same heading. Section 136 BNSS reads a bond or bail bond where Section 117 CrPC read a bond, with or without sureties, and every bond or bail bond where Section 117 CrPC read every bond, a change of form. Clause a of the proviso to Section 136 BNSS refers to Section 130 BNSS where Section 117 CrPC referred to Section 111 CrPC. Clause c of the proviso reads a child where Section 117 CrPC read a minor. The rest of the text is the same.

CrPC 117 vs BNSS 136: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section117136
HeadingOrder to give securitySame
Cross-referencess.111s.130

CrPC 117 and BNSS 136: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 117, CrPC 1973

117. Order to give security.—If, upon such inquiry, it is proved that it is necessary for keeping the peace or maintaining good behaviour, as the case may be, that the person in respect of whom the inquiry is made should execute a bond, with or without sureties, the Magistrate shall make an order accordingly: Provided that— (a) no person shall be ordered to give security of a nature different from, or of an amount larger than, or for a period longer than, that specified in the order made under section 111; (b) the amount of every bond shall be fixed with due regard to the circumstances of the case and shall not be excessive; (c) when the person in respect of whom the inquiry is made is a minor, the bond shall be executed only by his sureties.
BNSS 2023 (in force)

Section 136, BNSS 2023

136. Order to give security.—If, upon such inquiry, it is proved that it is necessary for keeping the peace or maintaining good behaviour, as the case may be, that the person in respect of whom the inquiry is made should execute a bond or bail bond, the Magistrate shall make an order accordingly: Provided that— (a) no person shall be ordered to give security of a nature different from, or of an amount larger than, or for a period longer than, that specified in the order made under section 130; (b) the amount of every bond or bail bond shall be fixed with due regard to the circumstances of the case and shall not be excessive; (c) when the person in respect of whom the inquiry is made is a child, the bond shall be executed only by his sureties.

When It Applies: CrPC 117 vs BNSS 136

Under CrPC 117
  1. Under Section 117 CrPC the Magistrate shall make an order when, upon the inquiry, it is proved that it is necessary for keeping the peace or maintaining good behaviour, as the case may be, that the person in respect of whom the inquiry is made should execute a bond, with or without sureties.
  2. Under the proviso to Section 117 CrPC no person shall be ordered to give security of a nature different from, or of an amount larger than, or for a period longer than, that specified in the order made under Section 111 CrPC.
  3. Under the proviso to Section 117 CrPC the amount of every bond shall be fixed with due regard to the circumstances of the case and shall not be excessive.
  4. Under the proviso to Section 117 CrPC, when the person in respect of whom the inquiry is made is a minor, the bond shall be executed only by his sureties.
Under BNSS 136
  1. Under Section 136 BNSS the Magistrate shall make an order when, upon the inquiry, it is proved that it is necessary for keeping the peace or maintaining good behaviour, as the case may be, that the person in respect of whom the inquiry is made should execute a bond or bail bond.
  2. Under the proviso to Section 136 BNSS no person shall be ordered to give security of a nature different from, or of an amount larger than, or for a period longer than, that specified in the order made under Section 130 BNSS.
  3. Under the proviso to Section 136 BNSS the amount of every bond or bail bond shall be fixed with due regard to the circumstances of the case and shall not be excessive.
  4. Under the proviso to Section 136 BNSS, when the person in respect of whom the inquiry is made is a child, the bond shall be executed only by his sureties.

Time Limits: CrPC 117 to BNSS 136

Under CrPC 117
  • Under the proviso to Section 117 CrPC no person shall be ordered to give security for a period longer than that specified in the order made under Section 111 CrPC.Act text: “or for a period longer than, that specified in the order made under section 111”
Under BNSS 136
  • Under the proviso to Section 136 BNSS no person shall be ordered to give security for a period longer than that specified in the order made under Section 130 BNSS.Act text: “or for a period longer than, that specified in the order made under section 130”

What CrPC 117 to BNSS 136 Means in Practice

From 1 July 2024, the order to give security is made under Section 136 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and refers to a bond or bail bond, and to a child. Before that date the order was made under Section 117 of the Code of Criminal Procedure, 1973, and referred to a bond, with or without sureties, and to a minor.

FAQs: CrPC 117 to BNSS 136

Which cross-reference differs between Section 117 CrPC and Section 136 BNSS?▼

Clause a of the proviso to Section 136 BNSS refers to the order made under Section 130 BNSS where clause a of the proviso to Section 117 CrPC referred to the order made under Section 111 CrPC.

Why does Section 136 BNSS read bond or bail bond where Section 117 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.

What word replaces minor in Section 136 BNSS?▼

Clause c of the proviso to Section 136 BNSS reads a child where clause c of the proviso to Section 117 CrPC read a minor. Section 2(3) BNS defines a child and Section 2(2) BNSS applies that definition.

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 ·