BNSS Section 138 — Commencement of period for which security is required

Summary

If a person is ordered to provide a security bond under certain sections of this law, and at the time of that order they are already serving a prison sentence, the time period for which the security is needed will start only after that prison sentence ends. In all other situations, the security period begins on the date the order is made, unless the Magistrate has a strong reason to set a later start date.

Official Text

(1) If any person, in respect of whom an order requiring security is made under section 125 or section 136, 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.

Related Judgments

• SC (2025) Vol.5 p.730 — Supreme Court of India (2025)
• SC (2025) Vol.6 p.545 — Supreme Court of India (2025)
• SC (2024) Vol.7 p.979 — Supreme Court of India (2024)
• .. Petitioner/Accused No.12 vs The State of Tamilnadu, — Madras High Court ()
• SC (2025) Vol.2 p.1588 — Supreme Court of India (2025)
• SC (2025) Vol.11 p.291 — Supreme Court of India (2025)
• SC (2024) Vol.12 p.335 — Supreme Court of India (2024)
• SC (2025) Vol.1 p.1469 — Supreme Court of India (2025)

Old <-> New Code Mapping

• CrPC §119 — Commencement of period for which security is required