CrPC Forms 16, 17 and 18: Security, Discharge and Maintenance Warrants
Forms 16, 17 and 18 formed part of the Second Schedule to the Code of Criminal Procedure, 1973 (CrPC). This page explains and reproduces these forms in the context of the law applicable before the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) came into force.
Relevant provisions of the Code of Criminal Procedure, 1973
Section 122 - Imprisonment in default of security
Section 122 dealt with imprisonment where a person ordered to furnish security under the relevant preventive-security provisions failed to furnish it. It also regulated detention pending security and the nature and duration of imprisonment in the circumstances specified by the section. Form No. 16 was the prescribed warrant for commitment where security for good behaviour was not furnished.
Section 123 - Power to release persons imprisoned for failing to give security
Section 123 empowered the competent authority, subject to the conditions in the provision, to release a person imprisoned for failure to furnish security where continued detention was not considered necessary, and also contained powers concerning reduction of security, sureties or the period for which security had been required. Form No. 17 implemented the discharge order.
Section 125 - Order for maintenance of wives, children and parents
Section 125 provided a summary remedy where a person having sufficient means neglected or refused to maintain a wife, eligible child, father or mother who was unable to maintain herself or himself. The provision also permitted enforcement of a maintenance order and imprisonment for default in payment in accordance with law. Form No. 18 was the warrant used when imprisonment was ordered for failure to pay maintenance.
Form No. 16
Warrant of Commitment on Failure to Find Security for Good Behaviour
See section 122
To the Officer in charge of the Jail at __________
WHEREAS it has been made to appear to me that __________ (name and description) has been concealing his presence within the district of __________ and that there is reason to believe that he is doing so with a view to committing a cognizable offence;
or
WHEREAS evidence of the general character of __________ (name and description) has been adduced before me and recorded, from which it appears that he is an habitual robber (or house-breaker, etc., as the case may be);
AND WHEREAS an order has been recorded stating the same and requiring the said __________ (name) to furnish security for his good behaviour for the term of __________ (state the period) by entering into a bond with one surety (or two or more sureties, as the case may be), himself for rupees __________, and the said surety (or each of the said sureties) rupees __________, and the said __________ (name) has failed to comply with the said order and for such default has been adjudged imprisonment for __________ (state the term) unless the said security be sooner furnished;
This is to authorise and require you to receive the said __________ (name) into your custody, together with this warrant, and him safely to keep in the Jail, or if he is already in prison, be detained therein, for the said period of __________ (term of imprisonment) unless he shall in the meantime be lawfully ordered to be released, and to return this warrant with an endorsement certifying the manner of its execution.
Dated, this __________ day of __________, 20__________
(Seal of the Court)
(Signature)
Form No. 17
Warrant to Discharge a Person Imprisoned on Failure to Give Security
See sections 122 and 123
To the Officer in charge of the Jail at __________ (or other officer in whose custody the person is).
WHEREAS __________ (name and description of prisoner) was committed to your custody under warrant of the Court, dated the __________ day of __________, 20__________; and has since duly given security under section __________ of the Code of Criminal Procedure, 1973;
or
WHEREAS __________ (name and description of prisoner) was committed to your custody under warrant of the Court, dated the __________ day of __________, 20__________; and there have appeared to me sufficient grounds for the opinion that he can be released without hazard to the community;
This is to authorise and require you forthwith to discharge the said __________ (name) from your custody, unless he is liable to be detained for some other cause.
Dated, this __________ day of __________, 20__________
(Seal of the Court)
(Signature)
Form No. 18
Warrant of Imprisonment on Failure to Pay Maintenance
See section 125
To the Officer in charge of the Jail at __________
WHEREAS __________ (name, description and address) has been proved before me to be possessed of sufficient means to maintain his wife __________ (name) [or his child __________ (name) or his father or mother __________ (name), who is by reason of __________ (state the reason) unable to maintain herself (or himself)] and to have neglected (or refused) to do so, and an order has been duly made requiring the said __________ (name) to allow to his said wife (or child or father or mother) for maintenance the monthly sum of rupees __________, and whereas it has been further proved that the said __________ (name) in wilful disregard of the said order has failed to pay rupees __________, being the amount of the allowance for the month (or months) of __________;
And thereupon an order was made adjudging him to undergo imprisonment in the said Jail for the period of __________;
This is to authorise and require you to receive the said __________ (name) into your custody in the said Jail, together with this warrant, and there carry said order into execution according to law, returning this warrant with an endorsement certifying the manner of its execution.
Dated, this __________ day of __________, 20__________
(Seal of the Court)
(Signature)
Practical note on these CrPC forms
These are statutory warrant formats and should be read with the provision under which the underlying judicial or executive order was made. Names, descriptions, dates, amounts, period of imprisonment, security details and the authority issuing the warrant must correspond with the actual order and record. The forms on this page are retained for reference to the pre-BNSS CrPC framework.