Chapter VIII
Section 118 CrPC: Discharge of person informed against
New Law Update (2024)
Section 126 BNSS
TRIAL COURT
Magistrate
Punishment
Procedural – Investigation / Inquiry
Cognizable?
Bailable?
Compoundable?
Bare Act Text
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.
Important Sub-Sections Explained
Landmark Judgements
Balaji Sahu v. State of Odisha (1993):
The Orissa High Court underscored that an inquiry under Section 116 must be a proper judicial proceeding based on evidence. If the necessity of requiring a bond for keeping peace or good behaviour is not established during this inquiry, the person against whom the information was laid must be mandatorily discharged under Section 118 CrPC.
Suresh Kumar Jain v. State of U.P. (2000):
The Allahabad High Court reiterated that proceedings under Sections 107/116 CrPC are preventive rather than punitive. For an order to furnish a bond to be valid, the Magistrate must record clear findings based on evidence demonstrating an apprehension of breach of peace. In the absence of such proof, the person is entitled to be discharged under Section 118 CrPC.