CrPC 169→BNSS 189

CrPC 169 to BNSS 189: Release of accused when evidence deficient

Section 169 CrPC (1973) replaced by Section 189 BNSS (2023)

View CrPC Section 169 →View BNSS Section 189 →

CrPC 169 to BNSS 189 at a Glance

Section 169 CrPC (Release of accused when evidence deficient) is now Section 189 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 169 to BNSS 189?

Section 189 BNSS has the same heading as Section 169 CrPC. Section 189 BNSS reads a bond or bail bond where Section 169 CrPC read a bond, with or without sureties. This is a change of form, because Section 2(1)(e) BNSS defines a bond as a personal bond or an undertaking for release without surety, and Section 2(1)(d) BNSS defines a bail bond as an undertaking for release with surety. The rest of the text is the same.

CrPC 169 vs BNSS 189: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section169189
HeadingRelease of accused when evidence deficientSame

CrPC 169 and BNSS 189: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 169, CrPC 1973

169. Release of accused when evidence deficient.—If, upon an investigation under this Chapter, it appears to the officer in charge of the police station that there is not sufficient evidence or reasonable ground of suspicion to justify the forwarding of the accused to a Magistrate, such officer shall, if such person is in custody, release him on his executing a bond, with or without sureties, as such officer may direct, to appear, if and when so required, before a Magistrate empowered to take cognizance of the offence on a police report, and to try the accused or commit him for trial.
BNSS 2023 (in force)

Section 189, BNSS 2023

189. Release of accused when evidence deficient.—If, upon an investigation under this Chapter, it appears to the officer in charge of the police station that there is not sufficient evidence or reasonable ground of suspicion to justify the forwarding of the accused to a Magistrate, such officer shall, if such person is in custody, release him on his executing a bond or bail bond, as such officer may direct, to appear, if and when so required, before a Magistrate empowered to take cognizance of the offence on a police report, and to try the accused or commit him for trial.

When It Applies: CrPC 169 vs BNSS 189

Under CrPC 169
  1. The officer in charge of the police station acts if, upon an investigation under Chapter XII of the Code, it appears to that officer that there is not sufficient evidence or reasonable ground of suspicion to justify the forwarding of the accused to a Magistrate.
  2. The officer shall release the person if such person is in custody.
  3. The person is released on his executing a bond, with or without sureties, as such officer may direct.
  4. The bond is to appear, if and when so required, before a Magistrate empowered to take cognizance of the offence on a police report, and to try the accused or commit him for trial.
Under BNSS 189
  1. The officer in charge of the police station acts if, upon an investigation under Chapter XIII of the Sanhita, it appears to that officer that there is not sufficient evidence or reasonable ground of suspicion to justify the forwarding of the accused to a Magistrate.
  2. The officer shall release the person if such person is in custody.
  3. The person is released on his executing a bond or bail bond, as such officer may direct.
  4. The bond or bail bond is to appear, if and when so required, before a Magistrate empowered to take cognizance of the offence on a police report, and to try the accused or commit him for trial.

What CrPC 169 to BNSS 189 Means in Practice

From 1 July 2024, the text on release of an accused when evidence is deficient is read in Section 189 BNSS in place of Section 169 CrPC. The release is on a bond or bail bond in place of a bond, with or without sureties.

FAQs: CrPC 169 to BNSS 189

How does the description of the bond read in Section 189 BNSS compared with Section 169 CrPC?▼

Section 189 BNSS reads a bond or bail bond. Section 169 CrPC read a bond, with or without sureties. This is a change of form, because Section 2(1)(e) BNSS defines a bond as a personal bond or an undertaking for release without surety, and Section 2(1)(d) BNSS defines a bail bond as an undertaking for release with surety.

Does the rest of Section 189 BNSS read differently from Section 169 CrPC?▼

Section 189 BNSS has the same heading as Section 169 CrPC, and the rest of the text is the same.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 26 Oct 2026 ·