Section 189 BNSS: Release of accused when evidence deficient

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 189 BNSS at a Glance

Section 189 BNSS deals with release of accused when evidence deficient. It replaced Section 169 CrPC on 1 July 2024.

Was CrPC

Section 189 BNSS Bare Act Text

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.

Source: Section 189, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 189 BNSS in Simple Words

Section 189 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the release of an accused when evidence is deficient. It applies upon an investigation under Chapter XIII of the Sanhita. The rule applies when it appears to the officer in charge of the police station that there is not sufficient evidence or reasonable ground of suspicion to justify forwarding the accused to a Magistrate.

In that case, the officer shall release the person, if the person is in custody. The release is on the person executing a bond or bail bond, as the officer may direct. The bond or bail bond is to appear, if and when so required, before a Magistrate.

That Magistrate is one empowered to take cognizance of the offence on a police report, and to try the accused or commit the accused for trial.

When Section 189 BNSS Applies

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.
The officer shall release the person if such person is in custody.
The person is released on his executing a bond or bail bond, as such officer may direct.
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.

Example of Section 189 BNSS

Deepa is in custody during an investigation under Chapter XIII of the Sanhita. It appears to Inspector Suresh, the officer in charge of the police station, that there is not sufficient evidence or reasonable ground of suspicion to justify the forwarding of Deepa to a Magistrate. Under Section 189 BNSS, Inspector Suresh shall release Deepa on Deepa executing a bond or bail bond, as Inspector Suresh may direct, to appear, if and when so required, before a Magistrate empowered to take cognizance of the offence on a police report.

When Section 189 BNSS Does Not Apply

Section 189 BNSS speaks of release of a person who is in custody. The words of Section 189 BNSS on release do not address a person who is not in custody.
Section 189 BNSS speaks of a case where there is not sufficient evidence or reasonable ground of suspicion. It does not deal with a case where there is sufficient evidence, which is the subject of Section 190 BNSS.

Section 189 BNSS in the CrPC (Previous Law)

Section 189 BNSS replaces Section 169 CrPC from the old criminal code.

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.

View CrPC Section 169 →

FAQs on Section 189 BNSS

When must the officer in charge of a police station release an accused under Section 189 BNSS?▼

Section 189 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides that if, upon an investigation under Chapter XIII of the Sanhita, 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 what condition is the person released under Section 189 BNSS?▼

The person is released 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.

Who directs the bond or bail bond under Section 189 BNSS?▼

Section 189 BNSS provides that the bond or bail bond is as such officer may direct, which is the officer in charge of the police station.

What changed from Section 169 CrPC to Section 189 BNSS from 1 July 2024?▼

Section 189 BNSS has the same heading as Section 169 CrPC. Section 189 BNSS reads on his executing a bond or bail bond, as such officer may direct, where Section 169 CrPC read on his executing a bond, with or without sureties, as such officer may direct. 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.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 26 Oct 2026 ·