CrPC 170 to BNSS 190: Cases to be sent to Magistrate, when evidence is sufficient
Section 170 CrPC (1973) replaced by Section 190 BNSS (2023)
CrPC 170 to BNSS 190 at a Glance
Section 170 CrPC (Cases to be sent to Magistrate, when evidence is sufficient) is now Section 190 BNSS, in force from 1 July 2024. What changed is set out below.
What Changed From CrPC 170 to BNSS 190?
Section 190 BNSS has the same heading as Section 170 CrPC. Section 190(1) BNSS has a proviso that Section 170(1) CrPC does not have. The proviso provides that if the accused is not in custody, the police officer shall take security from such person for his appearance before the Magistrate and the Magistrate to whom such report is forwarded shall not refuse to accept the same on the ground that the accused is not taken in custody. Section 190(2) BNSS, Section 190(3) BNSS and Section 190(4) BNSS have the same text as Section 170(2) CrPC, Section 170(3) CrPC and Section 170(4) CrPC.
CrPC 170 vs BNSS 190: Comparison Table
| Aspect | CrPC 1973 (repealed) | BNSS 2023 (in force) |
|---|---|---|
| Section | 170 | 190 |
| Heading | Cases to be sent to Magistrate, when evidence is sufficient | Same |
| Sub-sections | 4 sub-sections | Same |
CrPC 170 and BNSS 190: Bare Act Text Side by Side
CrPC 1973 (repealed)
Section 170, CrPC 1973
170. Cases to be sent to Magistrate, when evidence is sufficient.—(1) If, upon an investigation under this Chapter, it appears to the officer in charge of the police station that there is sufficient evidence or reasonable ground as aforesaid, such officer shall forward the accused under custody to a Magistrate empowered to take cognizance of the offence upon a police report and to try the accused or commit him for trial, or, if the offence is bailable and the accused is able to give security, shall take security from him for his appearance before such Magistrate on a day fixed and for his attendance from day to day before such Magistrate until otherwise directed.
(2) When the officer in charge of a police station forwards an accused person to a Magistrate or takes security for his appearance before such Magistrate under this section, he shall send to such Magistrate any weapon or other article which it may be necessary to produce before him, and shall require the complainant (if any) and so many of the persons who appear to such officer to be acquainted with the facts and circumstances of the case as he may think necessary, to execute a bond to appear before the Magistrate as thereby directed and prosecute or give evidence (as the case may be) in the matter of the charge against the accused.
(3) If the Court of the Chief Judicial Magistrate is mentioned in the bond, such Court shall be held to include any Court to which such Magistrate may refer the case for inquiry or trial, provided reasonable notice of such reference is given to such complainant or persons.
(4) The officer in whose presence the bond is executed shall deliver a copy thereof to one of the persons who executed it, and shall then send to the Magistrate the original with his report.
BNSS 2023 (in force)
Section 190, BNSS 2023
190. Cases to be sent to Magistrate, when evidence is sufficient.—(1) If, upon an investigation under this Chapter, it appears to the officer in charge of the police station that there is sufficient evidence or reasonable ground as aforesaid, such officer shall forward the accused under custody to a Magistrate empowered to take cognizance of the offence upon a police report and to try the accused or commit him for trial, or, if the offence is bailable and the accused is able to give security, shall take security from him for his appearance before such Magistrate on a day fixed and for his attendance from day to day before such Magistrate until otherwise directed:
Provided that if the accused is not in custody, the police officer shall take security from such person for his appearance before the Magistrate and the Magistrate to whom such report is forwarded shall not refuse to accept the same on the ground that the accused is not taken in custody.
(2) When the officer in charge of a police station forwards an accused person to a Magistrate or takes security for his appearance before such Magistrate under this section, he shall send to such Magistrate any weapon or other article which it may be necessary to produce before him, and shall require the complainant (if any) and so many of the persons who appear to such officer to be acquainted with the facts and circumstances of the case as he may think necessary, to execute a bond to appear before the Magistrate as thereby directed and prosecute or give evidence (as the case may be) in the matter of the charge against the accused.
(3) If the Court of the Chief Judicial Magistrate is mentioned in the bond, such Court shall be held to include any Court to which such Magistrate may refer the case for inquiry or trial, provided reasonable notice of such reference is given to such complainant or persons.
(4) The officer in whose presence the bond is executed shall deliver a copy thereof to one of the persons who executed it, and shall then send to the Magistrate the original with his report.
When It Applies: CrPC 170 vs BNSS 190
Under CrPC 170
- 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 sufficient evidence or reasonable ground of suspicion to justify forwarding the accused to a Magistrate. That officer shall forward the accused under custody to a Magistrate empowered to take cognizance of the offence upon a police report and to try the accused or commit him for trial.
- If the offence is bailable and the accused is able to give security, the officer shall take security from him for his appearance before such Magistrate on a day fixed and for his attendance from day to day before such Magistrate until otherwise directed.
- Under Section 170(2) CrPC, when the officer in charge of a police station forwards an accused person to a Magistrate or takes security for his appearance before such Magistrate, he shall send to such Magistrate any weapon or other article which it may be necessary to produce before him.
- Under Section 170(2) CrPC, that officer shall also require the complainant, if any, and so many of the persons who appear to such officer to be acquainted with the facts and circumstances of the case as he may think necessary, to execute a bond to appear before the Magistrate as thereby directed and prosecute or give evidence in the matter of the charge against the accused.
- Under Section 170(3) CrPC, if the Court of the Chief Judicial Magistrate is mentioned in the bond, such Court shall be held to include any Court to which such Magistrate may refer the case for inquiry or trial, provided reasonable notice of such reference is given to such complainant or persons.
- Under Section 170(4) CrPC, the officer in whose presence the bond is executed shall deliver a copy of the bond to one of the persons who executed it, and shall then send to the Magistrate the original with his report.
Under BNSS 190
- 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 sufficient evidence or reasonable ground of suspicion to justify forwarding the accused to a Magistrate. That officer shall forward the accused under custody to a Magistrate empowered to take cognizance of the offence upon a police report and to try the accused or commit him for trial.
- If the offence is bailable and the accused is able to give security, the officer shall take security from him for his appearance before such Magistrate on a day fixed and for his attendance from day to day before such Magistrate until otherwise directed.
- Under the proviso to Section 190(1) BNSS, if the accused is not in custody, the police officer shall take security from such person for his appearance before the Magistrate.
- Under the proviso to Section 190(1) BNSS, the Magistrate to whom such report is forwarded shall not refuse to accept the same on the ground that the accused is not taken in custody.
- Under Section 190(2) BNSS, when the officer in charge of a police station forwards an accused person to a Magistrate or takes security for his appearance before such Magistrate, he shall send to such Magistrate any weapon or other article which it may be necessary to produce before him.
- Under Section 190(2) BNSS, that officer shall also require the complainant, if any, and so many of the persons who appear to such officer to be acquainted with the facts and circumstances of the case as he may think necessary, to execute a bond to appear before the Magistrate as thereby directed and prosecute or give evidence in the matter of the charge against the accused.
- Under Section 190(3) BNSS, if the Court of the Chief Judicial Magistrate is mentioned in the bond, such Court shall be held to include any Court to which such Magistrate may refer the case for inquiry or trial, provided reasonable notice of such reference is given to such complainant or persons.
- Under Section 190(4) BNSS, the officer in whose presence the bond is executed shall deliver a copy of the bond to one of the persons who executed it, and shall then send to the Magistrate the original with his report.
Time Limits: CrPC 170 to BNSS 190
Under CrPC 170
- The security is for the appearance of the accused before such Magistrate on a day fixed and for attendance from day to day before such Magistrate until otherwise directed.Act text: “on a day fixed and for his attendance from day to day before such Magistrate until otherwise directed”
Under BNSS 190
- The security is for the appearance of the accused before such Magistrate on a day fixed and for attendance from day to day before such Magistrate until otherwise directed.Act text: “on a day fixed and for his attendance from day to day before such Magistrate until otherwise directed”
What CrPC 170 to BNSS 190 Means in Practice
From 1 July 2024, the text on cases to be sent to a Magistrate when evidence is sufficient is read in Section 190 BNSS in place of Section 170 CrPC. Section 190(1) BNSS has a proviso on an accused who is not in custody.
FAQs: CrPC 170 to BNSS 190
What does Section 190(1) BNSS add to Section 170(1) CrPC?▼
Section 190(1) BNSS adds a proviso. The proviso provides that if the accused is not in custody, the police officer shall take security from such person for his appearance before the Magistrate and the Magistrate to whom such report is forwarded shall not refuse to accept the same on the ground that the accused is not taken in custody.
Do Section 190(2) BNSS, Section 190(3) BNSS and Section 190(4) BNSS read differently from Section 170(2) CrPC, Section 170(3) CrPC and Section 170(4) CrPC?▼
Section 190(2) BNSS, Section 190(3) BNSS and Section 190(4) BNSS have the same text as Section 170(2) CrPC, Section 170(3) CrPC and Section 170(4) CrPC.
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 ·