Section 130 BNSS: Order to be made (Formerly Section 111 CrPC)

Section 130 of Bharatiya Nagarik Suraksha Sanhita, 2023: Order to be made

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

When a Magistrate acting under section 126, section 127, section 128 or section 129, 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 of sureties, after considering the sufficiency and fitness of sureties.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Inquiry Sec 2(1)(g) Investigation Sec 2(1)(h) Victim Sec 2(1)(w)

Legal Commentary & Landmark Judgments: Section 130

Section 130 prescribes the mandatory form of the preliminary order to be made by an Executive Magistrate when acting under Sections 126, 127, 128, or 129, setting forth the substance of the information received.

Mandatory Order in Writing: Magistrate MUST make an order in writing setting forth the substance of the information received.
Statutory Particulars: Must specify: (1) amount of bond; (2) term for which it is to be in force; and (3) number, character, and class of sureties required.
Jurisdictional Prerequisite: An order failing to set forth the substance of the information is a nullity, vitiating all subsequent proceedings.

Key Landmark Precedents:

Madhu Limaye v. Sub-Divisional Magistrate (1970) 3 SCC 746: The 7-Judge Constitution Bench ruled that setting forth the substance of the information in the Section 111 CrPC (Section 130 BNSS) order is an indispensable condition of jurisdiction, enabling the citizen to know the case they have to meet.
Rajender Singh Pathania v. State (NCT of Delhi) (2011) 13 SCC 329: Quashed preventive proceedings where the magistrate merely cyclostyled a notice without setting forth specific facts and reasons.

Courtroom Practice & Strategic Litigation Guidance:

Linchpin procedural defect: If the magistrate served a printed boilerplate notice with blank spaces filled in, without setting forth the specific facts and allegations, the order violates Section 130. Move for quashing under Section 528 BNSS.