Section 117 CrPC: Order to give security

Chapter VIII

bond, Excessive Security, Keeping Peace, Limits on Security, Magistrate's powers, Minor, preventive justice, Procedure for Security Order, Quantum of Security, security for good behaviour, Surety

New Law Update (2024)

Section 130 BNSS

TRIAL COURT

Magistrate (Executive/Judicial)

Punishment

Procedural – Investigation / Inquiry

Cognizable?

Bailable?

Compoundable?

Bare Act Text

(1) 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;
(2) The amount of every bond shall be fixed with due regard to the circumstances of the case and shall not be excessive;
(3) When the person in respect of whom the inquiry is made is a minor, the bond shall be executed only by his sureties.

Important Sub-Sections Explained

Section 117(1)

This sub-section ensures that the nature, amount, and duration of security ordered cannot exceed what was originally proposed in the preliminary order under Section 111, preventing arbitrary enhancement of the security requirements.

Section 117(2)

This crucial provision mandates that the amount of any bond must be fixed considering the specific facts of the case and should never be excessive, protecting individuals from financial hardship or harassment through disproportionate demands.

Landmark Judgements

Kishan Singh v. State of Rajasthan (1970 Cr.L.J. 1061):

The High Court emphasised that the amount of the bond fixed under Section 117 must not be excessive and should be proportionate to the circumstances of the case and the object of preventive justice, which is not punitive. The Magistrate has a duty to ensure the bond is reasonable and not oppressive.

Bansidhar v. State of Rajasthan (1970 Cr. L.J. 1061):

This ruling reiterated the principle that the amount of security to be demanded should be fixed with due regard to the circumstances and financial capacity of the person concerned, ensuring it is not oppressive or beyond the means of the individual, thereby upholding the spirit of Section 117(2) CrPC.

Chapter VIII