CrPC 119→BNSS 138

CrPC 119 to BNSS 138: Commencement of period for which security is required

Section 119 CrPC (1973) replaced by Section 138 BNSS (2023)

View CrPC Section 119 →View BNSS Section 138 →

CrPC 119 to BNSS 138 at a Glance

Section 119 CrPC (Commencement of period for which security is required) is now Section 138 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 119 to BNSS 138?

Section 138 BNSS has the same heading and the same text as Section 119 CrPC. Section 138(1) BNSS refers to Section 125 BNSS and Section 136 BNSS where Section 119(1) CrPC referred to Section 106 CrPC and Section 117 CrPC.

CrPC 119 vs BNSS 138: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section119138
HeadingCommencement of period for which security is requiredSame
Sub-sections2 sub-sectionsSame
Cross-referencess.106s.125

CrPC 119 and BNSS 138: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 119, CrPC 1973

119. Commencement of period for which security is required.—(1) If any person, in respect of whom an order requiring security is made under section 106 or section 117, is at the time such order is made, sentenced to, or undergoing a sentence of, imprisonment, the period for which such security is required shall commence on the expiration of such sentence. (2) In other cases such period shall commence on the date of such order unless the Magistrate, for sufficient reason, fixes a later date.
BNSS 2023 (in force)

Section 138, BNSS 2023

138. Commencement of period for which security is required.—(1) If any person, in respect of whom an order requiring security is made under section 125 or section 136, is at the time such order is made, sentenced to, or undergoing a sentence of, imprisonment, the period for which such security is required shall commence on the expiration of such sentence. (2) In other cases such period shall commence on the date of such order unless the Magistrate, for sufficient reason, fixes a later date.

When It Applies: CrPC 119 vs BNSS 138

Under CrPC 119
  1. Section 119(1) CrPC applies to a person in respect of whom an order requiring security is made under Section 106 CrPC or Section 117 CrPC and who is, at the time the order is made, sentenced to, or undergoing a sentence of, imprisonment.
  2. In that case the period for which the security is required shall commence on the expiration of the sentence.
  3. Section 119(2) CrPC applies in other cases. The period shall commence on the date of the order.
  4. The Magistrate may, for sufficient reason, fix a later date.
Under BNSS 138
  1. Section 138(1) BNSS applies to a person in respect of whom an order requiring security is made under Section 125 BNSS or Section 136 BNSS and who is, at the time the order is made, sentenced to, or undergoing a sentence of, imprisonment.
  2. In that case the period for which the security is required shall commence on the expiration of the sentence.
  3. Section 138(2) BNSS applies in other cases. The period shall commence on the date of the order.
  4. The Magistrate may, for sufficient reason, fix a later date.

Time Limits: CrPC 119 to BNSS 138

Under CrPC 119
  • Section 119(1) CrPC says that the period shall commence on the expiration of the sentence.Act text: “shall commence on the expiration of such sentence”
  • Section 119(2) CrPC says that the period shall commence on the date of the order unless the Magistrate, for sufficient reason, fixes a later date.Act text: “such period shall commence on the date of such order unless the Magistrate, for sufficient reason, fixes a later date”
Under BNSS 138
  • Section 138(1) BNSS says that the period shall commence on the expiration of the sentence.Act text: “shall commence on the expiration of such sentence”
  • Section 138(2) BNSS says that the period shall commence on the date of the order unless the Magistrate, for sufficient reason, fixes a later date.Act text: “such period shall commence on the date of such order unless the Magistrate, for sufficient reason, fixes a later date”

What CrPC 119 to BNSS 138 Means in Practice

Section 119(1) CrPC is found in Section 138(1) BNSS and Section 119(2) CrPC in Section 138(2) BNSS. Both provide that the period for which security is required commences on the expiration of a sentence of imprisonment, and in other cases on the date of the order unless the Magistrate, for sufficient reason, fixes a later date.

FAQs: CrPC 119 to BNSS 138

Where is Section 119 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

Section 119 CrPC is found in Section 138 BNSS. Section 119(1) CrPC is found in Section 138(1) BNSS and Section 119(2) CrPC in Section 138(2) BNSS.

Is the text of Section 138 BNSS the same as Section 119 CrPC?▼

Section 138 BNSS has the same heading and the same text as Section 119 CrPC, except that Section 138(1) BNSS refers to Section 125 BNSS and Section 136 BNSS where Section 119(1) CrPC referred to Section 106 CrPC and Section 117 CrPC.

Which sections does Section 138(1) BNSS refer to?▼

Section 138(1) BNSS refers to Section 125 BNSS and Section 136 BNSS. Section 119(1) CrPC referred to Section 106 CrPC and Section 117 CrPC.

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 ·