Commencement of period for which security is required
Section 138 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with commencement of period for which security is required. If any person, in respect of whom an order requiring security is made under section 125 or section 136, 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. The Act came into force on 01 Jul 2024.
(1) If any person, in respect of whom an order requiring security is made under section 125 or section 136, 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.
Section 138, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 119 Commencement of period for which security is required Text carried over almost unchanged 100%
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 The repealed enactment still governs what happened while it was in force.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
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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Gaurav vs State of Hp
Decided under Code of Criminal Procedure 119, 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: Final order in security proceedings - discharge or bond requirement
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 138
What have the courts held on Section 138 of the Bharatiya Nagarik Suraksha Sanhita?
Gaurav vs State of Hp (01 Aug 2024) is the leading judgment on this section among those set out below, though it was decided under CRPC 119, which this section replaced -- the court never mentioned this Act: Final order in security proceedings - discharge or bond requirement.
How do I find court cases under Section 138 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 138, section 138 BNSS, section 138 of the Bharatiya Nagarik Suraksha Sanhita. People searching for it also type bnss 138 ni act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Gaurav vs State of Hp (01 Aug 2024).
What should I read with Section 138 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
Its own text turns on section 125 (Security for keeping peace on conviction), section 136 (Order to give security), so none of them can safely be read on its own. It carries forward CrPC 119 (Commencement of period for which security is required), so the judgments decided under that provision are the case law on this one.
When did Section 138 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 138 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 138, 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 14 Oct 2026. This page is not a substitute for legal advice.