Discharge of person informed against
Section 118 of the Code of Criminal Procedure, 1973 deals with discharge of person informed against. If, on an inquiry under section 116, it is not 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, the Magistrate shall make an entry on the record to that effect, and if s 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 Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried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, on an inquiry under section 116, it is not 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, the Magistrate shall make an entry on the record to that effect, and if such person is in custody only for the purposes of the inquiry, shall release him, or, if such person is not in custody, shall discharge him.
Section 118, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 137 Discharge of person informed against 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 The repealed enactment still governs what happened while it was in force.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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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: Inquiry into truth of information on which Section 111 order is passed must be completed within six months; if not completed, proceedings stand terminated unless special reasons recorded
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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… However, the definition of 'adolescent offender' is contained in Section 2(1) of the said Act and reads thus : " 'Adolescent offender' means any person who has been convicted of any offence punishable with imprisonment or who having been ordered to give security under section 118 of the Code of Criminal Procedure has failed to do so and who at the time of such conviction or failure to give security is not less than 16 in the case of a boy and not less than 18 in the case of a girl, but not more than 21 years of age in either case." We should clarify that Section 118 corresponds to …
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… convicted persons. – Every person who has been – (a) convicted of any offence punishable with rigorous imprisonment for a term of one year or upwards, or of any offence which would render him liable to enhanced punishment on a subsequent conviction; or (b)ordered to give security for his good behaviour under section 118 of the Code of Criminal Procedure, 1898 (5 of 1898), shall, if so required, allow his measurements and photograph to be taken by a police officer in the prescribed manner." 23. Section 4 deals with taking of measurement, etc. of non-convicted persons. It is as under: "4. Taking of measurements, …
Questions about Section 118
What have the courts held on Section 118 of the Code of Criminal Procedure?
Mente Seethaiah vs The Sub Divisional Magistrate/revenue Divisional Officer (28 Aug 2012) is the leading judgment on this section among those set out below: Inquiry into truth of information on which Section 111 order is passed must be completed within six months; if not completed, proceedings stand terminated unless special reasons recorded.
How do I find court cases under Section 118 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 118, section 118 CRPC, section 118 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. 1 reported judgment on this section is set out on this page, beginning with Mente Seethaiah vs The Sub Divisional Magistrate/revenue Divisional Officer (28 Aug 2012).
What should I read with Section 118 of the Code of Criminal Procedure, and has it changed?
Its own text turns on section 116 (Inquiry as to truth of information), so none of them can safely be read on its own. For anything done on or after 1 July 2024 the provision to read is BNSS 137 (Discharge of person informed against), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 118 of the Code of Criminal Procedure come into force?
Section 118 of the Code of Criminal Procedure, cited as CRPC 118, 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.