Commencement of period for which security is required
Section 119 of the Code of Criminal Procedure, 1973 deals with commencement of period for which security is required. If any person, in respect of whom an order requiring security is made under section 106 or section 117, is, at the time such order is made, sentenced to, or undergoing a sentence of, imprisonment, the period for which such security is required shall commence on the expiration of such sentence. 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 Repealed by section 531 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024, but conduct before that date is still charged, tried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) If any person, in respect of whom an order requiring security is made under section 106 or section 117, is, at the time such order is made, sentenced to, or undergoing a sentence of, imprisonment, the period for which such security is required shall commence on the expiration of such sentence.
(2) In other cases such period shall commence on the date of such order unless the Magistrate, for sufficient reason, fixes a later date.
Section 119, The Code of Criminal Procedure, 1973 (Act 2 of 1974).
Now in the Bharatiya Nagarik Suraksha Sanhita
BNSS 138 Commencement of period for which security is required 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 The repealed enactment still governs what happened while it was in force.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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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: Final order in security proceedings - discharge or bond requirement
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.
Questions about Section 119
What have the courts held on Section 119 of the Code of Criminal Procedure?
Gaurav vs State of Hp (01 Aug 2024) is the leading judgment on this section among those set out below: Final order in security proceedings - discharge or bond requirement.
How do I find court cases under Section 119 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 119, section 119 CRPC, section 119 of the Code of Criminal Procedure. People searching for it also type 119 crpc in bnss. 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 Gaurav vs State of Hp (01 Aug 2024).
What should I read with Section 119 of the Code of Criminal Procedure, and has it changed?
Its own text turns on section 106 (Security for keeping the peace on conviction), section 117 (Order to give security), 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 138 (Commencement of period for which security is required), which replaced it; conduct before that date is still charged, tried and appealed under this section.
When did Section 119 of the Code of Criminal Procedure come into force?
Section 119 of the Code of Criminal Procedure, cited as CRPC 119, 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.