Section 119 CrPC: Commencement of period for which security is required

Code of Criminal Procedure, 1973

Section 119 CrPC at a Glance

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

Now BNSS

Section 138 →

What Section 119 CrPC Says

119. Commencement of period for which security is required
(1) If any person, in respect of whom an order requiring security is made under section 106 or section 117, 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 119, Code of Criminal Procedure, 1973

Section 119 CrPC in Simple Words

Section 119 of the Code of Criminal Procedure, 1973 deals with the commencement of the period for which security is required.

Under Section 119(1) CrPC, where a person in respect of whom an order requiring security is made under Section 106 CrPC or Section 117 CrPC 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 119(2) CrPC, 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 119 CrPC Applies

Section 119(1) CrPC applies to a person in respect of whom an order requiring security is made under Section 106 CrPC or Section 117 CrPC 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 119(2) CrPC 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 119 CrPC

Section 119(1) CrPC says that the period shall commence on the expiration of the sentence.Act text: “shall commence on the expiration of such sentence”
Section 119(2) CrPC 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 119 CrPC

An order requiring security is made under Section 117 CrPC in respect of Ravi, who is at the time of the order undergoing a sentence of imprisonment. Under Section 119(1) CrPC, the period for which security is required shall commence on the expiration of that sentence. An order requiring security is made under Section 106 CrPC in respect of Meena, who is not sentenced to or undergoing imprisonment. Under Section 119(2) CrPC, the period shall commence on the date of the order unless the Magistrate, for sufficient reason, fixes a later date.

When Section 119 CrPC Does Not Apply

Section 119 CrPC speaks of the commencement of the period for which security is required. It does not deal with the contents of the bond, which Section 120 CrPC addresses.
Section 119(1) CrPC 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 122 CrPC addresses.

Section 119 CrPC Under BNSS 138: What Changed

Section 119 CrPC is now covered under Section 138 BNSS.

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.

View detailed comparison (CrPC 119 vs BNSS 138) →

FAQs on Section 119 CrPC

When does the period commence on the expiration of a sentence under Section 119 CrPC?▼

Where a person in respect of whom an order requiring security is made under Section 106 CrPC or Section 117 CrPC 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 119 CrPC?▼

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 119(2) CrPC?▼

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

Where is Section 119 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

Section 119(1) CrPC is found in Section 138(1) BNSS and Section 119(2) CrPC in Section 138(2) 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: 22 Oct 2026 ·