Section 190 BNSS: Cases to be sent to Magistrate, when evidence is sufficient

Section 190 BNSS Bare Act Text

(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.

Source: Section 190, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 190 BNSS in Simple Words

When Section 190 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 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 Under Section 190 BNSS

• 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”

Example of Section 190 BNSS

When Section 190 BNSS Does Not Apply

• Section 190 BNSS speaks of a case where there is sufficient evidence or reasonable ground as aforesaid. It does not deal with release of an accused when evidence is deficient, which is the subject of Section 189 BNSS.
• Section 190(1) BNSS speaks of taking security where the offence is bailable and the accused is able to give security. The words on taking security in the main part of Section 190(1) BNSS do not address an offence that is not bailable.
• Section 190(3) BNSS speaks of the Court of the Chief Judicial Magistrate being mentioned in the bond. It does not deal with a bond in which that Court is not mentioned.

Section 190 BNSS in the CrPC (Previous Law)

FAQs on Section 190 BNSS

Section 190 BNSS: Sub-sections Explained

Sections Related to Section 190 BNSS