Section 130 BNSS: Order to be made

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 130 BNSS at a Glance

Section 130 BNSS deals with order to be made. It replaced Section 111 CrPC on 1 July 2024.

Section 130 BNSS Bare Act Text

130. Order to be made

When a Magistrate acting under section 126, section 127, section 128 or section 129, deems it necessary to require any person to show cause under such section, he shall make an order in writing, setting forth the substance of the information received, the amount of the bond to be executed, the term for which it is to be in force and the number of sureties, after considering the sufficiency and fitness of sureties.

Source: Section 130, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 130 BNSS in Simple Words

Section 130 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the order to be made.

When a Magistrate acting under Section 126 BNSS, Section 127 BNSS, Section 128 BNSS or Section 129 BNSS deems it necessary to require any person to show cause under such section, the Magistrate shall make an order in writing.

The order sets forth the substance of the information received, the amount of the bond to be executed, the term for which it is to be in force and the number of sureties, after considering the sufficiency and fitness of sureties.

When Section 130 BNSS Applies

  • Section 130 BNSS applies to a Magistrate acting under Section 126 BNSS, Section 127 BNSS, Section 128 BNSS or Section 129 BNSS who deems it necessary to require any person to show cause under that section.
  • The Magistrate shall make an order in writing.
  • The order sets forth the substance of the information received.
  • The order sets forth the amount of the bond to be executed and the term for which it is to be in force.
  • The order sets forth the number of sureties, after considering the sufficiency and fitness of sureties.

Example of Section 130 BNSS

A Magistrate acting under Section 128 BNSS deems it necessary to require Suresh to show cause. Under Section 130 BNSS the Magistrate shall make an order in writing. The order sets forth the substance of the information received about Suresh, the amount of the bond to be executed, the term for which it is to be in force and the number of sureties, after considering the sufficiency and fitness of sureties.

When Section 130 BNSS Does Not Apply

Section 130 BNSS in the CrPC (Previous Law)

Section 130 BNSS replaces Section 111 CrPC from the old criminal code.

Section 111 CrPC is found in Section 130 BNSS from 1 July 2024, with the same heading. Section 130 BNSS refers to Section 126 BNSS, Section 127 BNSS, Section 128 BNSS and Section 129 BNSS where Section 111 CrPC referred to Section 107 CrPC, Section 108 CrPC, Section 109 CrPC and Section 110 CrPC. Section 130 BNSS reads the number of sureties, after considering the sufficiency and fitness of sureties, where Section 111 CrPC read the number, character and class of sureties, if any, required.

View CrPC Section 111 โ†’

FAQs on Section 130 BNSS

When does Section 130 BNSS require an order in writing?โ–ผ

Section 130 BNSS requires the Magistrate to make an order in writing when the Magistrate, acting under Section 126 BNSS, Section 127 BNSS, Section 128 BNSS or Section 129 BNSS, deems it necessary to require any person to show cause under that section.

What must the order under Section 130 BNSS set forth?โ–ผ

The order sets forth the substance of the information received, the amount of the bond to be executed, the term for which it is to be in force and the number of sureties, after considering the sufficiency and fitness of sureties.

What does Section 130 BNSS say about sureties?โ–ผ

Section 130 BNSS says that the order sets forth the number of sureties, after considering the sufficiency and fitness of sureties.

What changed from Section 111 CrPC to Section 130 BNSS from 1 July 2024?โ–ผ

Section 130 BNSS has the same heading as Section 111 CrPC. Section 130 BNSS refers to Section 126 BNSS, Section 127 BNSS, Section 128 BNSS and Section 129 BNSS where Section 111 CrPC referred to Section 107 CrPC, Section 108 CrPC, Section 109 CrPC and Section 110 CrPC. Section 130 BNSS reads the number of sureties, after considering the sufficiency and fitness of sureties, where Section 111 CrPC read the number, character and class of sureties, if any, required.

Have questions about Section 130 BNSS?

Ask NyayGuru for a plain language explanation, or how it applies to your situation.

Ask NyayGuru โ†’

Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 ยท Last updated: 21 Oct 2026 ยท