Order to be made
Section 111 of the Code of Criminal Procedure, 1973 deals with order to be made. When a Magistrate acting under section 107, section 108, section 109 or section 110, deems it necessary to require any person to show cause under such section, he shall make an order in writing, setting forth the substance of the information received, the amount of the bond to be executed, the term 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 Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried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 a Magistrate acting under section 107, section 108, section 109 or section 110, deems it necessary to require any person to show cause under such section, he shall make an order in writing, setting forth the substance of the information received, the amount of the bond to be executed, the term for which it is to be in force, and the number, character and class of sureties (if any) required.
Section 111, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 130 Order to be made 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 The repealed enactment still governs what happened while it was in force.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
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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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: Provides that an order must be in writing and must contain specific mandatory elements including substance of information, magistrate's opinion on likelihood of breach of peace, necessity to proceed, amount of bond, term of bond, and character and class of sureties
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Mente Seethaiah vs The Sub Divisional Magistrate/revenue Divisional Officer
Court's Decision & Legal Precedent
Procedural safeguards mandated under Sections 111 and 114 of the Criminal Procedure Code, 1973 are essential protections against arbitrary action and undue harassment of citizens. Non-compliance with these provisions—specifically the failure to pass a preliminary order under Section 111 before issuing summons under Section 113, and the failure to serve such order along with the summons—vitiates the summons with illegality. Additionally, when the statutory six-month period for completing inquiry under Section 118(6) CrPC expires without completion and without recording special reasons, the continuation of proceedings constitutes abuse of process of court and warrants quashing under Section 482 CrPC.
On this section: Requires a preliminary order in writing setting forth substance of information, bond amount, term, and sureties before any show cause notice; this order was not passed by the magistrate
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Cimal Raveendran vs S.i. of Police
Court's Decision & Legal Precedent
Initiation of proceedings under Section 107 Cr.P.C by a magistrate under Section 111 Cr.P.C is a matter of great consequence requiring due and proper application of mind to relevant facts and materials before passing such an order. An order passed without such careful and cautious application of mind, particularly where the magistrate fails to consider the specific crime registered against the accused or to properly distinguish between Sections 107 and 108 Cr.P.C, is liable to be set aside on judicial review.
On this section: Power of magistrate to direct proceedings under Chapter 8 - court emphasized need for proper application of mind
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Surriya vs The State
Court's Decision & Legal Precedent
Where an enquiry under Sections 107/111 Cr.P.C is not completed within the statutory period of six months prescribed under Section 116(6) Cr.P.C, and no special reasons are recorded in writing by the Magistrate for such non-completion, the proceedings shall stand terminated and the High Court may exercise its inherent power under Section 482 Cr.P.C to quash the notice and proceedings to prevent abuse of process and ensure compliance with statutory requirements.
On this section: Provision for issuing notice to prevent commission of offence
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Hemant Saxena vs State of Rajasthan through P.p.
Court's Decision & Legal Precedent
A revisional court must hear all parties and consider all material submissions, including counter-complaints filed under Section 340 CrPC, before deciding a revision petition. Failure to do so violates the principles of natural justice and renders the order procedurally defective and liable to be set aside by the High Court under Section 482 CrPC.
On this section: Notice issued to the petitioner under this section requiring him to maintain peace; the notice was the subject of the revision petition
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Vivan Mehra vs State Nct of Delhi
Court's Decision & Legal Precedent
The High Court will not intervene under Section 482 CrPC in an interim order passed by a magistrate under Section 116(3) CrPC at the show cause stage, particularly when the petitioners have entered appearance, filed a reply, and have not challenged the initiation of proceedings. The magistrate should be allowed to take a final view after considering the material placed by the petitioners and applicable legal principles. However, domestic servants implicated merely as servants of principal parties may be exempted from bond requirements.
On this section: Authority for magistrate to issue notice requiring person to show cause why order under Section 116 should not be passed
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Tushar Tukaram Khetal vs Special Executive Magistrate
Court's Decision & Legal Precedent
The High Court will not interfere with a show cause notice at the preliminary stage when only notice has been issued and the person against whom it is issued has not yet been given an opportunity to respond. The appropriate remedy is to allow the person to reply to the notice, produce evidence, and if necessary, seek time for compliance with any bond requirements that may be imposed.
On this section: Section 111 CrPC provides for the issuance of show cause notices by magistrates. The court examined whether a show cause notice issued under this section could be challenged at the preliminary stage.
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Ram Lochan(died) vs State of U.p.
Court's Decision & Legal Precedent
An interlocutory order, such as issuance of a notice by a magistrate under Sections 111/112 Cr.P.C., cannot be challenged through revision under Section 379(2) Cr.P.C., and the High Court will not exercise its discretionary jurisdiction under Section 482 Cr.P.C. to quash such notice when the applicants have an adequate opportunity to contest the matter before the court below by responding to the notice and presenting their defense.
On this section: Power to direct person to give security for keeping the peace. The magistrate issued notice under this section to require the applicant to explain conduct.
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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… Notice under Section 111 of the Code of Criminal Procedure has been issued to the respondent by the SubDivisional Magistrate without making an order in writing, setting forth the substance of the information received. In fact, the order which was passed while issuing notice under Section 111 of the Code of Criminal Procedure has already been quoted by me hereinabove. Perusal thereof makes it amply clear that before issuance of the summons, no order in writing setting forth the substance of the information received was made by the SubDivisional Magistrate concerned. The above renders the issuance of …
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… Due to act of the appellant, there is an apprehension of breach of peace in the said locality. It is further alleged that several offences are registered against the appellant. 3. On the basis of the said report, the learned S.E.M. issued notice under Section 111 of the Code of Criminal Procedure. The appellant appeared through his learned counsel and submitted his reply. It is also alleged that the appellant caused harassment to the sister of Smt. Nanwani. Considering the oral as well as documentary evidence placed on record, the learned S.E.M. passed final order directing …
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… The Magistrate is entitled to take action only when the place where the breach or disturbance is apprehended falls within his local jurisdiction or the person who is likely to commit such breach resides within his jurisdiction. [4] The procedure for taking action is prescribed under Section 111 of the Code of Criminal Procedure which reads as follows: "111. Order to be made.- When a Magistrate acting under section 107, section 108, section 109 or section 110, deems it necessary to require any person to show cause under such section, he shall make an order in writing, setting forth the substance of the …
Questions about Section 111
What have the courts held on Section 111 of the Code of Criminal Procedure?
Pramod Kumar vs State of Uttar Pradesh (03 Aug 2021) is the leading judgment on this section among those set out below: Provides that an order must be in writing and must contain specific mandatory elements including substance of information, magistrate's opinion on likelihood of breach of peace, necessity to proceed, amount of bond, term of bond, and character and class of sureties. Another 7 judgments on this section are set out below. They run from 2008 to 2021.
How do I find court cases under Section 111 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 111, section 111 CRPC, section 111 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. 8 reported judgments on this section are set out on this page, beginning with Pramod Kumar vs State of Uttar Pradesh (03 Aug 2021).
What should I read with Section 111 of the Code of Criminal Procedure, and has it changed?
Its own text turns on section 107 (Security for keeping the peace in other cases), section 108 (Security for good behaviour from persons disseminating seditiousmatters), section 109 (Security for good behaviour from suspected persons), section 110 (Security for good behaviour from habitual offenders), so none of them can safely be read on its own. 3 other provisions in this corpus refer back to it. For anything done on or after 1 July 2024 the provision to read is BNSS 130 (Order to be made), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 111 of the Code of Criminal Procedure come into force?
Section 111 of the Code of Criminal Procedure, cited as CRPC 111, 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
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