Section 170 CrPC: Cases to be sent to Magistrate, when evidence is sufficient
Code of Criminal Procedure, 1973
Section 170 CrPC at a Glance
Section 170 CrPC deals with cases to be sent to Magistrate, when evidence is sufficient. From 1 July 2024 it is replaced by Section 190 BNSS.
What Section 170 CrPC Says
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.
Source: Section 170, Code of Criminal Procedure, 1973
Section 170 CrPC in Simple Words
Section 170 of the Code of Criminal Procedure, 1973 deals with cases to be sent to a Magistrate when evidence is sufficient. Section 170(1) CrPC applies upon an investigation under Chapter XII of the Code. It applies when it appears to the officer in charge of the police station that there is sufficient evidence or reasonable ground of suspicion to justify forwarding the accused to a Magistrate. Section 169 CrPC uses these same words. The officer shall then 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 the accused for trial. Alternatively, if the offence is bailable and the accused is able to give security, the officer shall take security from the accused for appearance before that Magistrate on a day fixed.
The security is also for attendance from day to day before that Magistrate until otherwise directed. Section 170(2) CrPC applies when the officer in charge of a police station forwards an accused person to a Magistrate, or takes security for the appearance of the accused, under Section 170 CrPC. That officer shall send to the Magistrate any weapon or other article which it may be necessary to produce before the Magistrate. The officer shall also require the complainant, if any, to execute a bond. The officer shall likewise require so many of the persons who appear to the officer to be acquainted with the facts and circumstances of the case as the officer thinks necessary to execute a bond. The bond is to appear before the Magistrate as the bond directs, and to prosecute or give evidence, as the case may be, in the matter of the charge against the accused.
Section 170(3) CrPC applies if the Court of the Chief Judicial Magistrate is mentioned in the bond. In that case, that Court shall be held to include any Court to which that Magistrate may refer the case for inquiry or trial. This holds provided reasonable notice of such reference is given to the 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. That officer shall then send the original to the Magistrate with the report of the officer.
When Section 170 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 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.
Time Limits Under Section 170 CrPC
- 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 170 CrPC
When Section 170 CrPC Does Not Apply
- Section 170 CrPC 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 169 CrPC.
- Section 170(1) CrPC speaks of taking security where the offence is bailable and the accused is able to give security. The words on taking security do not address an offence that is not bailable.
- Section 170(3) CrPC 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 170 CrPC Under BNSS 190: What Changed
Section 170 CrPC is now covered under Section 190 BNSS.
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.
View detailed comparison (CrPC 170 vs BNSS 190) →FAQs on Section 170 CrPC
What must the officer in charge of a police station do when evidence is sufficient under Section 170 CrPC?▼
Section 170(1) 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 sufficient evidence or reasonable ground of suspicion to justify the forwarding of the accused to a Magistrate, in the words that Section 169 CrPC uses, 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.
When may security be taken instead of forwarding the accused under custody under Section 170 CrPC?▼
Section 170(1) CrPC provides that 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.
What does the officer send to the Magistrate under Section 170 CrPC?▼
Under Section 170(2) CrPC, the officer shall send to such Magistrate any weapon or other article which it may be necessary to produce before him. 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.
Where is Section 170 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼
From 1 July 2024, Section 170(1) CrPC maps to Section 190(1) BNSS, Section 170(2) CrPC maps to Section 190(2) BNSS, Section 170(3) CrPC maps to Section 190(3) BNSS, and Section 170(4) CrPC maps to Section 190(4) BNSS.
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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 26 Oct 2026 ·