Inquiry as to truth of information
Section 116 of the Code of Criminal Procedure, 1973 deals with inquiry as to truth of information. When an order under section Ill has been read or explained under section 112 to a person present in Court, or when any person appears or is brought before a Magistrate in compliance with, or in execution of, a summons or warrant, issued under section 113, the Magistrate shall proceed to inquire into 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 Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried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.
(1) When an order under section Ill has been read or explained under section 112 to a person present in Court, or when any person appears or is brought before a Magistrate in compliance with, or in execution of, a summons or warrant, issued under section 113, the Magistrate shall proceed to inquire into the truth of the information upon which action has been taken, and to take such further evidence as may appear necessary.
(2) Such inquiry shall be made, as nearly as may be practicable,
in the manner hereinafter prescribed for conducting trial and recording evidence in summons-cases.
(3) After the commencement, and before the completion, of the inquiry under sub-section (1), the Magistrate, if he considers that immediate measures are necessary for the prevention of a breach of the peace or disturbance of the public tranquillity or the commission of any offence or for the public safety, may, for reasons to be recorded in writing, direct the person in respect of whom the order under section 111 has been made
to execute a bond, with or without sureties, for keeping the peace or maintaining good behaviour until the conclusion of the inquiry, and may detain him in custody until such bond is executed or, in default of execution, until the inquiry is concluded:
Provided that-
(a) no person against whom proceedings are not being taken under section 108, section 109, or section 110 shall be directed to execute a bond for maintaining good behaviour;
(b) the conditions of such bond, whether as to the amount thereof or as to the provision of sureties or the number thereof or the pecuniary extent of their liability, shall not be more onerous than those specified in the order under section 111.
(4) For the purposes of this section the fact that a person is an habitual offender or is so desperate and dangerous as to render his being at large without security hazardous to the community may be proved by evidence of general repute or otherwise.
(5) Where two or more persons have been associated together in the matter under inquiry, they may be dealt with in the same or separate inquiries as the Magistrate shall think just.
(6) The inquiry under this section shall be completed within a period of six months from the date of its commencement, and if such inquiry is not so completed, the proceedings under this Chapter shall, on the expiry of the said period, stand terminated unless, for special reasons to be recorded in writing, the Magistrate otherwise directs :
Provided that where any person has been kept in detention pending such inquiry, the proceeding against that person, unless terminated earlier, shall stand terminated on the expiry of a period of six months of such detention.
(7) Where any direction is made under sub-section (6) permitting the continuance of proceedings, the Sessions Judge may, on an application made to him by the aggrieved party, vacate such direction if he is satisfied that it was not based on any special reason or was perverse.
Section 116, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 135 Inquiry as to truth of information Text carried over almost unchanged 99%
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
- s. 108 Security for good behaviour from persons disseminating seditiousmatters
- s. 109 Security for good behaviour from suspected persons
- s. 110 Security for good behaviour from habitual offenders
- s. 111 Order to be made
- s. 112 Procedure in respect of person present in Court
- s. 113 Summons or warrant in case of person not so present
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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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: Mandatory requirement that enquiry shall be completed within six months from commencement; proceedings stand terminated if not completed unless special reasons recorded in writing
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Shyama Devi vs Spl.executive Magistrate Krishna Ngr &or
Court's Decision & Legal Precedent
A petitioner/accused cannot dictate the manner and procedure of criminal proceedings to a Magistrate. The Magistrate is bound to proceed in accordance with the statutory procedure prescribed under Section 116 of the Criminal Procedure Code, and cannot deviate from this procedure based on the preferences or demands of the accused. The High Court will not interfere with the Magistrate's conduct when the Magistrate is following the prescribed statutory procedure.
On this section: Prescribes the mandatory procedure that the Magistrate must follow in conducting criminal proceedings; the court held that the Magistrate must proceed in accordance with this section regardless of petitioner's preferences
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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: Power of magistrate to direct person to execute bond for keeping peace; Section 116(1) and Section 116(3) specifically applied
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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: Cited as basis for the original complaint regarding breach of peace
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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 require security for good behaviour in certain cases. Used in conjunction with Section 107.
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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… by the learned Revisional Court, it appears that the learned Court below did not appreciate the contentions of the petitioners therein as well as the statutory provisions of Code of Criminal Procedure in the correct perspective. 17. A perusal of the order demonstrates that after taking note of the provisions of Sections 107, 111 and 116 of the Code of Criminal Procedure, learned Court below held that SubDivisional Magistrate had "established" on the basis of police complaint that offences under Sections 107, 145 and 150 of the Code of Criminal Procedure were made out against the petitioners and then issued notice under Section 111 of the Code of …
Questions about Section 116
What have the courts held on Section 116 of the Code of Criminal Procedure?
Surriya vs The State (25 Apr 2008) is the leading judgment on this section among those set out below: Mandatory requirement that enquiry shall be completed within six months from commencement; proceedings stand terminated if not completed unless special reasons recorded in writing. Another 4 judgments on this section are set out below. They run from 2001 to 2020.
How do I find court cases under Section 116 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 116, section 116 CRPC, section 116 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. 5 reported judgments on this section are set out on this page, beginning with Surriya vs The State (25 Apr 2008).
What should I read with Section 116 of the Code of Criminal Procedure, and has it changed?
Its own text turns on 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), section 111 (Order to be made), and on 2 further provisions, so none of them can safely be read on its own. 2 other provisions in this corpus refer back to it. For anything done on or after 1 July 2024 the provision to read is BNSS 135 (Inquiry as to truth of information), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 116 of the Code of Criminal Procedure come into force?
Section 116 of the Code of Criminal Procedure, cited as CRPC 116, 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.