Section 117 CrPC: Order to give security
Code of Criminal Procedure, 1973
Section 117 CrPC at a Glance
Section 117 CrPC deals with order to give security. From 1 July 2024 it is replaced by Section 136 BNSS.
What Section 117 CrPC Says
117. 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, with or without sureties, 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 111;
(b) the amount of every 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 minor, the bond shall be executed only by his sureties.
Source: Section 117, Code of Criminal Procedure, 1973
Section 117 CrPC in Simple Words
Section 117 of the Code of Criminal Procedure, 1973 deals with the order to give security. The Magistrate shall make an order requiring the person inquired into to execute a bond, with or without sureties, 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 111 CrPC specified. Under clause b, the amount of every 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 minor, the bond shall be executed only by the sureties of the minor.
When Section 117 CrPC Applies
- Under Section 117 CrPC 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, with or without sureties.
- Under the proviso to Section 117 CrPC 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 111 CrPC.
- Under the proviso to Section 117 CrPC the amount of every bond shall be fixed with due regard to the circumstances of the case and shall not be excessive.
- Under the proviso to Section 117 CrPC, when the person in respect of whom the inquiry is made is a minor, the bond shall be executed only by his sureties.
Time Limits Under Section 117 CrPC
- Under the proviso to Section 117 CrPC no person shall be ordered to give security for a period longer than that specified in the order made under Section 111 CrPC.Act text: “or for a period longer than, that specified in the order made under section 111”
Example of Section 117 CrPC
When Section 117 CrPC Does Not Apply
- Section 117 CrPC speaks of an order to give security after an inquiry. It does not deal with security for keeping the peace ordered on conviction, which is the subject of Section 106 CrPC.
- Section 117 CrPC 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 118 CrPC.
Section 117 CrPC Under BNSS 136: What Changed
Section 117 CrPC is now covered under Section 136 BNSS.
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 detailed comparison (CrPC 117 vs BNSS 136) →FAQs on Section 117 CrPC
When does the Magistrate make an order to give security under Section 117 CrPC?▼
Under Section 117 CrPC, 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, with or without sureties, the Magistrate shall make an order accordingly.
What may the order under Section 117 CrPC not exceed?▼
Under the proviso to Section 117 CrPC 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 111 CrPC.
How is the amount of the bond fixed, and who executes the bond of a minor, under Section 117 CrPC?▼
Under the proviso to Section 117 CrPC the amount of every 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 minor, the bond shall be executed only by his sureties.
Where is Section 117 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼
Section 117 CrPC has no sub-sections, and maps as a whole to Section 136 BNSS from 1 July 2024.
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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 26 Oct 2026 ·