Section 138 BNSS: Commencement of period for which security is required

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 138 BNSS at a Glance

Section 138 BNSS deals with commencement of period for which security is required. It replaced Section 119 CrPC on 1 July 2024.

Was CrPC

Section 119 →

Section 138 BNSS Bare Act Text

(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.

Source: Section 138, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 138 BNSS in Simple Words

Section 138 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the commencement of the period for which security is required.

Under Section 138(1) BNSS, where a person in respect of whom an order requiring security is made under Section 125 BNSS or Section 136 BNSS is at the time of the order sentenced to, or undergoing a sentence of, imprisonment, the period shall commence on the expiration of that sentence.

Under Section 138(2) BNSS, in other cases the period shall commence on the date of the order unless the Magistrate, for sufficient reason, fixes a later date.

When Section 138 BNSS Applies

  • 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.
  • In that case the period for which the security is required shall commence on the expiration of the sentence.
  • Section 138(2) BNSS applies in other cases. The period shall commence on the date of the order.
  • The Magistrate may, for sufficient reason, fix a later date.

Time Limits Under Section 138 BNSS

  • 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”

Example of Section 138 BNSS

An order requiring security is made under Section 136 BNSS in respect of Dinesh, who is at the time of the order undergoing a sentence of imprisonment. Under Section 138(1) BNSS, the period for which security is required shall commence on the expiration of that sentence. An order requiring security is made under Section 125 BNSS in respect of Kavita, who is not sentenced to or undergoing imprisonment. Under Section 138(2) BNSS, the period shall commence on the date of the order unless the Magistrate, for sufficient reason, fixes a later date.

When Section 138 BNSS Does Not Apply

  • Section 138 BNSS speaks of the commencement of the period for which security is required. It does not deal with the contents of the bond, which Section 139 BNSS addresses.
  • Section 138(1) BNSS speaks of a person sentenced to, or undergoing a sentence of, imprisonment when the order is made. It does not deal with imprisonment in default of security, which Section 141 BNSS addresses.

Section 138 BNSS in the CrPC (Previous Law)

Section 138 BNSS replaced Section 119 CrPC from 1 July 2024.

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.

Each sub-section below names its own source.

FAQs on Section 138 BNSS

When does the period commence on the expiration of a sentence under Section 138 BNSS?▼

Where a person in respect of whom an order requiring security is made under Section 125 BNSS or Section 136 BNSS is at the time of the order sentenced to, or undergoing a sentence of, imprisonment, the period for which the security is required shall commence on the expiration of that sentence.

When does the period commence in other cases under Section 138 BNSS?▼

In other cases the period shall commence on the date of the order unless the Magistrate, for sufficient reason, fixes a later date.

What may the Magistrate do under Section 138(2) BNSS?▼

The Magistrate may, for sufficient reason, fix a later date for the commencement of the period.

What changed from Section 119 CrPC to Section 138 BNSS from 1 July 2024?▼

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.

Section 138 BNSS: Sub-sections Explained

Section 138(1) BNSS: Commencement of period for which security is required

▶

Bare Act Text

(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.

Previous Law

CrPC 119 → Section 138(1) BNSS

Section 138(2) BNSS: Commencement of period for which security is required

▶

Bare Act Text

(2) In other cases such period shall commence on the date of such order unless the Magistrate, for sufficient reason, fixes a later date.

Previous Law

CrPC 119(2) → Section 138(2) BNSS

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

Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 22 Oct 2026 ·