Section 191 BNSS: Complainant and witnesses not to be required to accompany police officer and not to be subject to restraint

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 191 BNSS at a Glance

Section 191 BNSS deals with complainant and witnesses not to be required to accompany police officer and not to be subject to restraint. It replaced Section 171 CrPC on 1 July 2024.

Was CrPC

Section 171 →

Section 191 BNSS Bare Act Text

191. Complainant and witnesses not to be required to accompany police officer and not to be subjected to restraint
Complainant and witnesses not to be required to accompany police officer and not to be subject to restraint.
No complainant or witness on his way to any Court shall be required to accompany a police officer, or shall be subjected to unnecessary restraint or inconvenience, or required to give any security for his appearance other than his own bond:
Provided that if any complainant or witness refuses to attend or to execute a bond as directed in section 190, the officer in charge of the police station may forward him in custody to the Magistrate, who may detain him in custody until he executes such bond, or until the hearing of the case is completed.

Source: Section 191, Bharatiya Nagarik Suraksha Sanhita, 2023

Section 191 BNSS in Simple Words

Section 191 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with a complainant or witness who is on the way to any Court. Such a person shall not be required to accompany a police officer. Such a person shall not be subjected to unnecessary restraint or inconvenience.

Such a person shall not be required to give any security for appearing, other than a bond of that person's own. The proviso is an exception. It applies if a complainant or witness refuses to attend, or refuses to execute a bond as directed in Section 190 BNSS.

In that case the officer in charge of the police station may send that person in custody to the Magistrate. The Magistrate may detain that person in custody until the bond is executed, or until the hearing of the case is completed.

When Section 191 BNSS Applies

Section 191 BNSS applies to a complainant or witness on his way to any Court.
Such a complainant or witness shall not be required to accompany a police officer.
Such a complainant or witness shall not be subjected to unnecessary restraint or inconvenience.
Such a complainant or witness shall not be required to give any security for his appearance other than his own bond.
The proviso applies if any complainant or witness refuses to attend or to execute a bond as directed in Section 190 BNSS.
In that case the officer in charge of the police station may forward him in custody to the Magistrate, who may detain him in custody.

Time Limits Under Section 191 BNSS

The proviso says that the Magistrate may detain him in custody until he executes such bond, or until the hearing of the case is completed.Act text: “until he executes such bond, or until the hearing of the case is completed”

Example of Section 191 BNSS

Neha is a witness on her way to a Court. Under Section 191 BNSS, Neha shall not be required to accompany a police officer, shall not be subjected to unnecessary restraint or inconvenience, and shall not be required to give any security for the appearance of Neha other than the own bond of Neha. If Neha refuses to attend or to execute a bond as directed in Section 190 BNSS, the officer in charge of the police station may forward Neha in custody to the Magistrate, who may detain Neha in custody until Neha executes such bond, or until the hearing of the case is completed.

When Section 191 BNSS Does Not Apply

Section 191 BNSS speaks of a complainant or witness on his way to any Court. It does not deal with an accused person.
The proviso to Section 191 BNSS speaks of forwarding a complainant or witness in custody to the Magistrate. It does not deal with the forwarding of an accused in custody to the Magistrate.

Section 191 BNSS in the CrPC (Previous Law)

Section 191 BNSS replaces Section 171 CrPC from the old criminal code.

Section 191 BNSS has the same text as Section 171 CrPC. The heading of Section 191 BNSS reads not to be subject to restraint where the heading of Section 171 CrPC read not to be subjected to restraint. The proviso to Section 191 BNSS refers to Section 190 BNSS where the proviso to Section 171 CrPC referred to Section 170 CrPC.

View CrPC Section 171 →

FAQs on Section 191 BNSS

What does Section 191 BNSS say about a complainant or witness on his way to any Court?▼

No complainant or witness on his way to any Court shall be required to accompany a police officer, or shall be subjected to unnecessary restraint or inconvenience, or required to give any security for his appearance other than his own bond.

What does the proviso to Section 191 BNSS say?▼

If any complainant or witness refuses to attend or to execute a bond as directed in Section 190 BNSS, the officer in charge of the police station may forward him in custody to the Magistrate, who may detain him in custody until he executes such bond, or until the hearing of the case is completed.

Until when may the Magistrate detain a complainant or witness under the proviso to Section 191 BNSS?▼

The Magistrate may detain the complainant or witness in custody until he executes such bond, or until the hearing of the case is completed.

What changed from Section 171 CrPC to Section 191 BNSS from 1 July 2024?▼

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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 ·