BNSS Section 130: Order to Be Made in Security Proceedings (CrPC 111 Mapping) (2026)
The written order a Magistrate must make before requiring a person to show cause for security to keep the peace or for good behaviour, under Section 130 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), with its mapping to the old Section 111 of the CrPC. Last verified October 2026.
Explainer · Criminal Procedure · BNSS
Before a Magistrate can require a person to show cause for security to keep the peace or for good behaviour, the Magistrate must make a written order under Section 130 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), the new criminal procedure code in force since 1 July 2024. Section 130 replaced Section 111 of the Code of Criminal Procedure (CrPC). The order must state the substance of the information, the amount of the bond, the term, and the number of sureties. If you still look up "section 111 CrPC", this is the provision you now need. This explainer sets out what Section 130 covers, how it maps to the old law, and why the order matters. Last verified October 2026.
- New section: the order in security proceedings is Section 130 of the BNSS, in force since 1 July 2024.
- Old section: it replaced Section 111 of the CrPC, not the habitual-offender power.
- Habitual offenders: that power is Section 129 of the BNSS (old Section 110 of the CrPC).
- What the order states: the substance of the information, the bond amount, the term, and the number of sureties.
01Why the section number matters now
Security proceedings, where a Magistrate asks a person to furnish a bond to keep the peace or for good behaviour, were set out in Chapter VIII of the CrPC. Since 1 July 2024 the CrPC is replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), and this chapter was renumbered.
The number here is a common trap. A reader may expect Section 130 to be the famous power against habitual offenders. It is not. The power to take security for good behaviour from habitual offenders is Section 129 of the BNSS (old Section 110 of the CrPC). Section 130 is the next step: the formal written order the Magistrate must make. A notice issued on or after 1 July 2024 in these proceedings cites Section 130, not Section 111.
02What Section 130 covers
Section 130 of the BNSS is the gateway order in security proceedings. When a Magistrate, acting under Section 126, Section 127, Section 128 or Section 129, decides that a person should be called on to show cause, the Magistrate must first make an order in writing.
That written order must set out:
- The substance of the information received against the person.
- The amount of the bond to be executed.
- The term for which the bond is to be in force.
- The number of sureties required, and their character and fitness.
A procedural safeguard, not an offence
Section 130 does not punish anyone. It is a fairness rule. Because security proceedings can end in a bond or even detention for default, the person must first be told, in a written order, exactly what is alleged and what is expected of them.
03Where Section 130 sits in security proceedings
Security proceedings move in stages. First comes the power to act: security on conviction (Section 125), security for keeping the peace in other cases (Section 126), security for good behaviour from persons spreading certain content or from suspected persons (Sections 127 and 128), and security for good behaviour from habitual offenders (Section 129).
Section 130 is the hinge between the power and the hearing. Once the Magistrate decides to proceed, the written order under Section 130 is made and served. The person then has the chance to respond. Later sections deal with the inquiry into the truth of the information, the order to give security, and what happens on default. So Section 130 is short, but nothing in the chapter can move forward without it.
04Old to new: CrPC 111 to BNSS 130
Section 111 of the CrPC is now Section 130 of the BNSS. The content of the order, the substance of the information, the bond amount, the term and the number of sureties, is carried over.
| Point | Old law (CrPC) | New law (BNSS) |
|---|---|---|
| Security for good behaviour from habitual offenders | Section 110 | Section 129 |
| Order to be made | Section 111 | Section 130 |
| Security for keeping the peace in other cases | Section 107 | Section 126 |
The table shows the renumbering. The habitual-offender power shifted from Section 110 to Section 129, and the order that follows it shifted from Section 111 to Section 130. The substance of each provision stayed the same.
05Why the written order matters
Because the content is carried over, case law on Section 111 of the CrPC still guides how Section 130 is read. Courts have long held that the written order is mandatory, and that a vague or missing order can sink the whole proceeding.
The reason is fairness. A person facing a demand for security must know the case to meet. If the order does not set out the substance of the information, the bond amount, the term and the sureties, the person cannot properly show cause, and a higher court may set the proceeding aside. So the detail of the Section 130 order is often the first thing challenged.
06Where Claw fits
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
Security proceedings stand or fall on procedure, so the order a court made on a defective notice is often exactly what you want to find. Claw searches more than 30 crore judgments across 9,102 courts, benches and forums, by section, party or advocate, and returns them in under five seconds. So you can read how a High Court has treated Section 130 and the old Section 111 on what the written order must contain, or follow a live matter as it runs.
Claw does not use customer documents to train its AI models, so nothing you upload feeds the system. Open a free Claw account to search and track these matters, and for the wider body of law, see case search across Indian courts.
07Sources and further reading
- India Code (official text of the BNSS, 2023): indiacode.nic.in
- PRS Legislative Research (BNSS overview and CrPC comparison): prsindia.org
- Section 130, BNSS (bare text): devgan.in
- Claw: clawlaw.in
This explainer is general information, not legal advice. The law changes through amendments and judgments, so check the current text and take advice from counsel before you act.
08Frequently asked questions
What is Section 111 CrPC in the BNSS?
Section 111 of the CrPC, the order to be made in security proceedings, is now Section 130 of the Bharatiya Nagarik Suraksha Sanhita, 2023. It requires a written order before a person is called on to show cause for security.
Is Section 130 about habitual offenders?
No. Security for good behaviour from habitual offenders is Section 129 of the BNSS, which replaced Section 110 of the CrPC. Section 130 is the written order that follows once a Magistrate decides to proceed under Sections 126 to 129.
What must the order under Section 130 contain?
The written order must set out the substance of the information received, the amount of the bond, the term for which it is to be in force, and the number of sureties required. This lets the person know the case to meet.
Is Section 130 an offence or a punishment?
No. Section 130 is a procedural safeguard in security proceedings. It does not create an offence and carries no punishment. It ensures the person is told, in writing, what is alleged before any bond is demanded.
What happens if the order is vague or missing?
A vague or missing order can sink the proceeding. Courts treat the written order as mandatory, because a person cannot properly show cause without it, and a higher court may set the proceeding aside.
Can I track a security proceeding in Claw?
Yes. A security proceeding can be searched by section, party or advocate across 9,102 courts, benches and forums, with results in under five seconds. Claw tracks and researches the case but does not give legal advice.