Section 118 CrPC: Discharge of person informed against

Code of Criminal Procedure, 1973

Section 118 CrPC at a Glance

Section 118 CrPC deals with discharge of person informed against. From 1 July 2024 it is replaced by Section 137 BNSS.

Now BNSS

Section 137 →

What Section 118 CrPC Says

118. Discharge of person informed against

If, on an inquiry under section 116, it is not 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, the Magistrate shall make an entry on the record to that effect, and if such person is in custody only for the purposes of the inquiry, shall release him, or, if such person is not in custody, shall discharge him.

Source: Section 118, Code of Criminal Procedure, 1973

Section 118 CrPC in Simple Words

Section 118 of the Code of Criminal Procedure, 1973 deals with an inquiry under Section 116 CrPC in which it is not proved that it is necessary, for keeping the peace or maintaining good behaviour, that the person in respect of whom the inquiry is made should execute a bond.

The Magistrate shall make an entry on the record to that effect.

If the person is in custody only for the purposes of the inquiry, the Magistrate shall release that person, or, if the person is not in custody, shall discharge that person.

When Section 118 CrPC Applies

  • Section 118 CrPC applies on an inquiry under Section 116 CrPC in which it is not proved that it is necessary for keeping the peace or maintaining good behaviour that the person in respect of whom the inquiry is made should execute a bond.
  • The Magistrate shall make an entry on the record to that effect.
  • If the person is in custody only for the purposes of the inquiry, the Magistrate shall release that person.
  • If the person is not in custody, the Magistrate shall discharge that person.

Example of Section 118 CrPC

A Magistrate holds an inquiry under Section 116 CrPC in respect of Anil. It is not proved that it is necessary for keeping the peace that Anil should execute a bond. Under Section 118 CrPC, the Magistrate shall make an entry on the record to that effect. If Anil is in custody only for the purposes of the inquiry, the Magistrate shall release Anil. If Anil is not in custody, the Magistrate shall discharge Anil.

When Section 118 CrPC Does Not Apply

  • Section 118 CrPC speaks of an inquiry in which it is not proved that a bond is necessary. It does not deal with the contents of a bond, which Section 120 CrPC addresses.
  • Section 118 CrPC speaks of the release or discharge of the person in respect of whom the inquiry is made. It does not deal with the release of persons imprisoned for failing to give security, which Section 123 CrPC addresses.

Section 118 CrPC Under BNSS 137: What Changed

Section 118 CrPC is now covered under Section 137 BNSS.

Section 137 BNSS has the same heading and the same text as Section 118 CrPC. Section 137 BNSS refers to an inquiry under Section 135 BNSS where Section 118 CrPC referred to an inquiry under Section 116 CrPC.

View detailed comparison (CrPC 118 vs BNSS 137) →

FAQs on Section 118 CrPC

When does Section 118 CrPC apply?▼

Section 118 CrPC applies on an inquiry under Section 116 CrPC in which it is not proved that it is necessary for keeping the peace or maintaining good behaviour that the person in respect of whom the inquiry is made should execute a bond.

What does the Magistrate do under Section 118 CrPC if the person is in custody?▼

If the person is in custody only for the purposes of the inquiry, the Magistrate shall release that person. If the person is not in custody, the Magistrate shall discharge that person.

What shall the Magistrate record under Section 118 CrPC?▼

The Magistrate shall make an entry on the record to the effect that it is not proved that it is necessary for keeping the peace or maintaining good behaviour that the person should execute a bond.

Where is Section 118 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

Section 118 CrPC has no sub-sections, and maps as a whole to Section 137 BNSS. The Bharatiya Nagarik Suraksha Sanhita, 2023 replaced the Code of Criminal Procedure, 1973 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: 20 Oct 2026 ·