Section 138 BNSS: Commencement of period for which security is required (Formerly Section 119 CrPC)

Section 138 of Bharatiya Nagarik Suraksha Sanhita, 2023: Commencement of period for which security is required

Official Bare Act Text

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

(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.

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 138

Section 138 regulates the commencement of the period for which security is required, providing that if the person is undergoing a sentence of imprisonment, the period begins on the expiration of such sentence.

Convict Undergoing Sentence: Period commences upon completion and release from prison.
Other Cases: Period commences on the date of the order unless the Magistrate, for sufficient reason, fixes a later date.
Sequential Harmony: Prevents overlapping of substantive sentences with preventive peace periods.

Key Landmark Precedents:

State of Karnataka v. K.A. Kunchindammed (2002) 9 SCC 90: Clarified the operation of preventive periods following expiration of substantive prison terms.
Madhu Limaye v. Sub-Divisional Magistrate (1970) 3 SCC 746: Affirmed the statutory commencement rules governing peace bonds.

Courtroom Practice & Strategic Litigation Guidance:

For clients released from prison, ensure the one-year peace period is calculated strictly from the date of release, not from the date of the original conviction order.