Section 136 BNSS: Order to give security
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 136 BNSS at a Glance
Section 136 BNSS deals with order to give security. It replaced Section 117 CrPC on 1 July 2024.
Section 136 BNSS Bare Act Text
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.
Source: Section 136, Bharatiya Nagarik Suraksha Sanhita, 2023
Section 136 BNSS in Simple Words
Section 136 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the order to give security. The Magistrate shall make an order requiring the person inquired into to execute a bond or bail bond if the inquiry proves that this is necessary. The need must be for keeping the peace or maintaining good behaviour, as the case may be.
The proviso adds the following rules. Under clause a, no person shall be ordered to give security of a different nature, of a larger amount, or for a longer period than the order made under Section 130 BNSS specified. Under clause 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.
Under clause c, when the person inquired into is a child, the bond shall be executed only by the sureties of the child.
When Section 136 BNSS Applies
- 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.
- 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.
- 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.
- 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 Under Section 136 BNSS
- 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”
Example of Section 136 BNSS
When Section 136 BNSS Does Not Apply
- Section 136 BNSS speaks of an order to give security after an inquiry. It does not deal with security for keeping peace ordered on conviction, which is the subject of Section 125 BNSS.
- Section 136 BNSS speaks of the order to give security. It does not deal with the discharge of the person informed against, which is the subject of Section 137 BNSS.
Section 136 BNSS in the CrPC (Previous Law)
Section 136 BNSS replaces Section 117 CrPC from the old criminal code.
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.
View CrPC Section 117 →FAQs on Section 136 BNSS
When does the Magistrate make an order to give security under Section 136 BNSS?▼
Under Section 136 BNSS, if, 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, the Magistrate shall make an order accordingly.
What may the order under Section 136 BNSS not exceed?▼
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.
How is the amount of the bond or bail bond fixed, and who executes the bond of a child, under Section 136 BNSS?▼
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. When the person in respect of whom the inquiry is made is a child, the bond shall be executed only by his sureties.
What changed from Section 117 CrPC to Section 136 BNSS from 1 July 2024?▼
Section 136 BNSS has the same heading as Section 117 CrPC. Section 136 BNSS reads a bond or bail bond where Section 117 CrPC read a bond, with or without sureties. Clause a of the proviso refers to the order made under Section 130 BNSS where Section 117 CrPC referred to the order made under Section 111 CrPC. Clause b of the proviso reads every bond or bail bond where Section 117 CrPC read every bond. Clause c of the proviso reads a child where Section 117 CrPC read a minor. The bond or bail bond wording is a change of form: 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. Section 2(3) BNS defines a child and Section 2(2) BNSS applies that definition.
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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 26 Oct 2026 ·