Security for good behaviour from suspected persons
Section 109 of the Code of Criminal Procedure, 1973 deals with security for good behaviour from suspected persons. When [an Executive Magistrate] receives information that there is within his local jurisdiction a person taking precaution 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 prov The Act came into force on 01 Apr 1974. Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried and appealed under it.
When [an Executive Magistrate] receives information that there is within his local jurisdiction a person taking precaution 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.
Section 109, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 128 Security for good behaviour from suspected persons 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 The repealed enactment still governs what happened while it was in force.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.
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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Fogiya vs State and Anr.
Court's Decision & Legal Precedent
When a person's citizenship status remains undetermined for an extended period due to government inaction despite judicial directions, and such person is detained under the National Security Act pending deportation (which itself depends on citizenship determination), the court may intervene by issuing specific directions to the competent authority to determine citizenship within a fixed timeframe. If the government fails to comply with such directions, the detention order shall be quashed and the person released. The court recognized that while citizenship determination is primarily the function of the Central Government under Section 13 of the Indian Citizenship Act, 1955, the court has the power to ensure that this process is not indefinitely delayed, particularly when the detention itself is contingent on such determination.
On this section: Procedure for detention pending investigation; respondents initially attempted to detain petitioner under this section but later abandoned this approach
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Pramod Kumar vs State of Uttar Pradesh
Court's Decision & Legal Precedent
A notice issued under Section 111/112 CrPC on a printed proforma without setting forth the substance of information received by the Magistrate, the magistrate's opinion on likelihood of breach of peace, and specific details of allegations against the person is defective, invalid, and liable to be quashed. The mandatory elements prescribed by Section 111 CrPC must be strictly complied with, and the object of setting forth the substance of information is to inform the person what allegations they have to answer. Proceedings based on such defective notice cannot be sustained.
On this section: Cited as part of the framework for preventive detention proceedings
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.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… under section of that Act or an offence in respect of wagering punishable under section 13 of that Act; or (iii) section 84 of the Police Act, 1861; or (iv) section 160 of the Indian Penal Code, 1860; or (b) any other offence punishable with fine only, or (2) a proceeding under section 107 or section 109 of the Code of Criminal Procedure, 1978, pending before a Magistrate on the date of commencement of this Act from before January 1, 1977 shall abate." 4. The said provision has been amended subsequently several times, one such amendment was made in 2016 by the Uttar Pradesh Criminal Law (Composition of …
Questions about Section 109
What have the courts held on Section 109 of the Code of Criminal Procedure?
Fogiya vs State and Anr. (21 Sep 2006) is the leading judgment on this section among those set out below: Procedure for detention pending investigation; respondents initially attempted to detain petitioner under this section but later abandoned this approach. Another 1 judgment on this section is set out below. They run from 2006 to 2021.
How do I find court cases under Section 109 of the Code of Criminal Procedure?
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: CRPC 109, section 109 CRPC, section 109 of the Code of Criminal Procedure. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Fogiya vs State and Anr. (21 Sep 2006).
What should I read with Section 109 of the Code of Criminal Procedure, and has it changed?
6 other provisions in this corpus refer back to it. For anything done on or after 1 July 2024 the provision to read is BNSS 128 (Security for good behaviour from suspected persons), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 109 of the Code of Criminal Procedure come into force?
Section 109 of the Code of Criminal Procedure, cited as CRPC 109, came into force on 01 Apr 1974, having been enacted on 25 Jan 1974. It is no longer in force.
Other sections of this Act
- 320. Compounding of offences1554 words
- 167. Procedure when investigation cannot be completed in twenty four hours1005 words
- 220. Trial for more than one offence962 words
- 360. Order to release on probation of good conduct or after admonition804 words
- 2. Definitions799 words
- 198. Prosecution for offences against marriage774 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. Recovered from the consolidated text published by India Code (item 330a1099-77ad-4a2e-b22a-769b33398f9e). This page is not a substitute for legal advice.