Section 169 CrPC: Release of accused when evidence deficient

Code of Criminal Procedure, 1973

Section 169 CrPC at a Glance

Section 169 CrPC deals with release of accused when evidence deficient. From 1 July 2024 it is replaced by Section 189 BNSS.

Now BNSS

Section 189 →

What Section 169 CrPC Says

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.

Source: Section 169, Code of Criminal Procedure, 1973

Section 169 CrPC in Simple Words

Section 169 of the Code of Criminal Procedure, 1973 deals with the release of an accused when evidence is deficient. It applies upon an investigation under Chapter XII of the Code. 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, with or without sureties, as the officer may direct. The 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 169 CrPC Applies

  • 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.
  • The officer shall release the person if such person is in custody.
  • The person is released on his executing a bond, with or without sureties, as such officer may direct.
  • 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.

Example of Section 169 CrPC

Anil is in custody during an investigation under Chapter XII of the Code. It appears to Inspector Mohan, the officer in charge of the police station, that there is not sufficient evidence or reasonable ground of suspicion to justify the forwarding of Anil to a Magistrate. Under Section 169 CrPC, Inspector Mohan shall release Anil on Anil executing a bond, with or without sureties, as Inspector Mohan 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 169 CrPC Does Not Apply

  • Section 169 CrPC speaks of release of a person who is in custody. The words of Section 169 CrPC on release do not address a person who is not in custody.
  • Section 169 CrPC 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 170 CrPC.

Section 169 CrPC Under BNSS 189: What Changed

Section 169 CrPC is now covered under Section 189 BNSS.

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 detailed comparison (CrPC 169 vs BNSS 189) →

FAQs on Section 169 CrPC

When must the officer in charge of a police station release an accused under Section 169 CrPC?▼

Section 169 of the Code of Criminal Procedure, 1973 provides that if, upon an investigation under Chapter XII of the Code, 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 169 CrPC?▼

The person is released 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.

Who directs the bond under Section 169 CrPC?▼

Section 169 CrPC provides that the bond, with or without sureties, is as such officer may direct, which is the officer in charge of the police station.

Where is Section 169 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

From 1 July 2024, Section 169 CrPC has no sub-sections, and maps as a whole to Section 189 BNSS.

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

Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 26 Oct 2026 ·