Order to give security
Section 117 of the Code of Criminal Procedure, 1973 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 with or without sureties, the with Magistrate shall make an order accordingly: Provided that- 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 Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried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.
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 with or without sureties, the with 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 111 ;
(b) the amount of every 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 minor, the bond shall be executed only by his sureties.
Section 117, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 136 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 The repealed enactment still governs what happened while it was in force.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 8
- s. 119 Commencement of period for which security is required
- s. 122 Imprisonment in default of security
- s. 123 Power to release persons imprisoned for failing to give security
- s. 124 Security for unexpired period of bond
- s. 354 Language and contents of judgment
- s. 363 Copy of judgement to be given to the accused and other persons
- s. 373 Appeal from orders requiring security or refusal to accept orrejecting surety for keeping peace or good behaviour
- s. 446 Procedure when bond has been forfeited
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.
-
Pedagopi Gurrayya vs State of Andhra Pradesh
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
-
Shobha Sharma vs State Th.p/s.gandhi Nagar
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
-
Gaurav vs State of Hp
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
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.
-
… To call for the records leading to Ext.P1 notice and quash the same by issuing a writ of certiorari; ii. To issue a writ in the nature of mandamus or any other appropriate with direction or order directing the 1st respondent to consider and dispose of Ext.P3 objection before passing final order under Section 117 of the Code of Criminal Procedure and iii. grant such other orders or directions as may be deemed necessary in the facts and circumstances of the case and in the interest of justice." 3. On the basis of the allegations made in the petition, a report has been called for from the respondent regarding the same …
Questions about Section 117
What have the courts held on Section 117 of the Code of Criminal Procedure?
Pedagopi Gurrayya vs State of Andhra Pradesh (14 Jul 2016) is the leading judgment on this section among those set out below: 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. Another 2 judgments on this section are set out below. They run from 2016 to 2024.
How do I find court cases under Section 117 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 117, section 117 CRPC, section 117 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. 3 reported judgments on this section are set out on this page, beginning with Pedagopi Gurrayya vs State of Andhra Pradesh (14 Jul 2016).
What should I read with Section 117 of the Code of Criminal Procedure, and has it changed?
Its own text turns on section 111 (Order to be made), so none of them can safely be read on its own. 8 other provisions in this corpus refer back to it. For anything done on or after 1 July 2024 the provision to read is BNSS 136 (Order to give security), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 117 of the Code of Criminal Procedure come into force?
Section 117 of the Code of Criminal Procedure, cited as CRPC 117, 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.