Order to give security
Section 136 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with 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 or bail bond, the Magistrate shall make an order accordingly: Provided that— (a) no person sh The Act came into force on 01 Jul 2024.
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 or bail bond, 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 130;
(b) the amount of every bond or bail 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 child, the bond shall be executed only by his sureties.
Section 136, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 117 Order to give security Text carried over almost unchanged 95%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Referred to by 9
- s. 138 Commencement of period for which security is required
- s. 141 Imprisonment in default of security
- s. 142 Power to release persons imprisoned for failing to give security
- s. 143 Security for unexpired period of bond
- s. 393 Language and contents of judgment
- s. 404 Copy of judgment to be given to accused and other persons
- s. 414 Appeal from orders requiring security or refusal to accept or rejecting surety for keeping peace or good behavior
- s. 491 Procedure when bond has been forfeited
- Punjab Prisons and Correctional Services Act s. 24
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Shobha Sharma vs State Th.p/s.gandhi Nagar
Decided under Code of Criminal Procedure 117, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
A petition challenging criminal proceedings that are statutorily limited to a specific duration (six months in this case) becomes infructuous and may be dismissed for non-prosecution when the petitioner fails to actively pursue the matter and does not appear before the court.
On this section: Relates to proceedings for maintaining peace and good behavior; the original proceedings initiated by Lalita Devi were under this section
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Gaurav vs State of Hp
Decided under Code of Criminal Procedure 117, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
Security proceedings under Sections 107 and 150 CrPC are preventive in nature and do not bar subsequent FIR registration for cognizable offences arising from the same incident. Discharge in security proceedings is not acquittal and does not attract the prohibition of double jeopardy under Section 300 CrPC. A person discharged in preventive proceedings may be prosecuted for criminal offences based on the same facts. The High Court, while exercising jurisdiction under Section 482 CrPC to quash criminal proceedings, should only examine whether allegations prima facie constitute an offence without conducting a mini-trial or appreciating evidence. Contradictions in complaint or complainant statement are not grounds for quashing FIR at threshold stage.
On this section: Manner of conducting security proceedings inquiry - similar to summons case trials
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Pedagopi Gurrayya vs State of Andhra Pradesh
Decided under Code of Criminal Procedure 117, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
A Mandal Executive Magistrate cannot enforce a bond executed under Section 110 CrPC (bond for good behavior) using procedures meant for Section 117 CrPC (bond for keeping the peace), particularly the arrest provisions under Section 122(b) CrPC. The procedural distinction between these two types of bonds must be strictly observed, and failure to follow the correct procedure renders the forfeiture proceedings invalid and subject to quashing by the High Court under Sections 397 and 401 CrPC.
On this section: Bond for keeping the peace - the petitioner's counsel argued that Section 122(b) CrPC applies only to bonds under this section, not Section 110
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 136
What have the courts held on Section 136 of the Bharatiya Nagarik Suraksha Sanhita?
Shobha Sharma vs State Th.p/s.gandhi Nagar (23 Nov 2020) is the leading judgment on this section among those set out below, though it was decided under CRPC 117, which this section replaced -- the court never mentioned this Act: Relates to proceedings for maintaining peace and good behavior; the original proceedings initiated by Lalita Devi were under this section. Another 2 judgments on this section are set out below. They run from 2016 to 2024.
How do I find court cases under Section 136 of the Bharatiya Nagarik Suraksha Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNSS 136, section 136 BNSS, section 136 of the Bharatiya Nagarik Suraksha Sanhita. People searching for it also type bnss 136 2 and 136 bnss in crpc. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 3 reported judgments on this section are set out on this page, beginning with Shobha Sharma vs State Th.p/s.gandhi Nagar (23 Nov 2020).
What should I read with Section 136 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
Its own text turns on section 130 (Order to be made), so none of them can safely be read on its own. 9 other provisions in this corpus refer back to it. It carries forward CrPC 117 (Order to give security), so the judgments decided under that provision are the case law on this one.
When did Section 136 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 136 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 136, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 359. Compounding of offences1355 words
- 187. Procedure when investigation cannot be completed in twenty-four hours1122 words
- 2. Definitions956 words
- 243. Trial for more than one offence930 words
- 35. When police may arrest without warrant881 words
- 480. When bail may be taken in case of non-bailable offence823 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.