Chapter VIII
Section 111 CrPC: Order to be made
New Law Update (2024)
Section 125 BNSS
TRIAL COURT
Punishment
Procedural / Administrative
Cognizable?
Bailable?
Compoundable?
Bare Act Text
When a Magistrate acting under Section 107, Section 108, Section 109 or Section 110, deems it necessary to require any person to show cause under such Section, he shall make an order in writing, setting forth the substance of the information received, the amount of the bond to be executed, the term for which it is to be in force, and the number, character and class of sureties (if any) required.
Important Sub-Sections Explained
Landmark Judgements
Madhu Limaye v. S.D.M., Monghyr (1971):
This landmark Supreme Court ruling clarified the powers of a Magistrate under preventive sections (107-110), emphasizing that the Magistrate must not act mechanically but must apply judicial mind, receive definite information, and ensure the show-cause notice is not vague. The order under Section 111 must contain the “substance of the information” to enable the person to prepare their defense.
Gopal Chandra Majhi v. The State (1978):
The Calcutta High Court reiterated that an order under Section 111 CrPC must specifically state the amount of the bond to be executed, the duration for which it is to be in force, and the details regarding the number, character, and class of sureties, if required. Any omission of these details could render the order defective.