CrPC · Chapter VIII · Security for keeping the peace and for good behaviour

CrPC section 109 in the BNSS

CrPC 109BNSS 128

CrPC section 109, “Security for good behaviour from suspected persons”, is now BNSS section 128 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in force from 1 July 2024.

What changed

From CrPC 109 to BNSS 128

Now BNSS section 128, with the same power; security is by “bond or bail bond”.

The official text

Old and new, side by side

Code of Criminal Procedure, 1973

Section 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.

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 128 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 or bail bond for his good behaviour for such period, not exceeding one year, as the Magistrate thinks fit.

The texts are India Code’s. The amendment markers and footnotes of the official print are left out, so the old section reads as it stood when it was repealed; State amendments are not shown. The PDFs linked below carry the full history.

Old law or new?

Which one applies to a case

The BNSS repealed the CrPC from 1 July 2024 (section 531(1)). Any appeal, application, trial, inquiry or investigation pending immediately before that date is disposed of under the CrPC as it then stood, as if the BNSS had not come into force (section 531(2)(a)). Anything not pending on that date follows the BNSS.