Section 109 CrPC: Security for good behaviour from suspected persons

Code of Criminal Procedure, 1973

Section 109 CrPC at a Glance

Section 109 CrPC deals with security for good behaviour from suspected persons. From 1 July 2024 it is replaced by Section 128 BNSS.

Now BNSS

Section 128 →

What Section 109 CrPC Says

109. Security for good behaviour from suspected persons

When an Executive Magistrate receives information that there is within his local jurisdiction a person taking precautions to conceal his presence and that there is reason to believe that he is doing so with a view to committing a cognizable offence, the Magistrate may, in the manner hereinafter provided, require such person to show cause why he should not be ordered to execute a bond, with or without sureties, for his good behaviour for such period, not exceeding one year, as the Magistrate thinks fit.

Source: Section 109, Code of Criminal Procedure, 1973

Section 109 CrPC in Simple Words

Section 109 of the Code of Criminal Procedure, 1973 deals with security for good behaviour from suspected persons.

When an Executive Magistrate receives information that there is within the local jurisdiction of the Magistrate a person taking precautions to conceal that person's presence, and there is reason to believe that the person is doing so with a view to committing a cognizable offence, the Magistrate may require that person to show cause why the person should not be ordered to execute a bond, with or without sureties, for good behaviour for such period, not exceeding one year, as the Magistrate thinks fit.

When Section 109 CrPC Applies

  • Under Section 109 CrPC an Executive Magistrate who receives information that there is within the local jurisdiction of the Magistrate a person taking precautions to conceal that person's presence may act.
  • The Magistrate may act where there is reason to believe that the person is taking those precautions with a view to committing a cognizable offence.
  • The Magistrate may require such person to show cause why the person should not be ordered to execute a bond, with or without sureties, for good behaviour.

Time Limits Under Section 109 CrPC

  • Under Section 109 CrPC the bond for good behaviour is for such period, not exceeding one year, as the Magistrate thinks fit.Act text: “for such period, not exceeding one year, as the Magistrate thinks fit”

Example of Section 109 CrPC

Deepak is taking precautions to conceal Deepak's presence within the local jurisdiction of an Executive Magistrate. The Executive Magistrate receives information about Deepak, and there is reason to believe that Deepak is doing so with a view to committing a cognizable offence. Under Section 109 CrPC the Magistrate may require Deepak to show cause why Deepak should not be ordered to execute a bond, with or without sureties, for good behaviour for such period, not exceeding one year, as the Magistrate thinks fit.

When Section 109 CrPC Does Not Apply

  • Section 109 CrPC speaks of an Executive Magistrate. It does not deal with a Judicial Magistrate.

Section 109 CrPC Under BNSS 128: What Changed

Section 109 CrPC is now covered under Section 128 BNSS.

Section 109 CrPC is found in Section 128 BNSS from 1 July 2024, with the same heading. Section 128 BNSS reads a bond or bail bond where Section 109 CrPC read a bond, with or without sureties, a change of form. The rest of the text is the same.

View detailed comparison (CrPC 109 vs BNSS 128) →

FAQs on Section 109 CrPC

Who may act under Section 109 CrPC, and on what information?▼

Under Section 109 CrPC an Executive Magistrate who receives information that there is within the local jurisdiction of the Magistrate a person taking precautions to conceal that person's presence may act, where there is reason to believe that the person is doing so with a view to committing a cognizable offence.

What may the Magistrate require under Section 109 CrPC?▼

The Magistrate may, in the manner provided later in Chapter VIII of the Code, require such person to show cause why the person should not be ordered to execute a bond, with or without sureties, for good behaviour.

For how long can a bond under Section 109 CrPC run?▼

Under Section 109 CrPC the bond is for good behaviour for such period, not exceeding one year, as the Magistrate thinks fit.

Where is Section 109 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

Section 109 CrPC has no sub-sections, and maps as a whole to Section 128 BNSS from 1 July 2024.

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

Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 26 Oct 2026 ·