Bharatiya Nagarik Suraksha Sanhita, 2023
Section 190 BNSS: Cases to Be Sent to Magistrate When Evidence Is Sufficient
Section 190 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) deals with the stage of police investigation at which the officer in charge finds sufficient evidence or reasonable ground to proceed against an accused and forwards the case to the competent Magistrate.
What Section 190 BNSS provides
Where investigation discloses sufficient evidence or reasonable ground, the police officer must take the procedural steps required by Section 190. Depending on the circumstances, this includes forwarding the accused in custody to the Magistrate or taking security for appearance before the Magistrate. The provision also addresses production of relevant articles, appearance of the complainant and witnesses, and forwarding of the bond and police report.
Text of Section 190 BNSS
190. (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.
Meaning and practical effect
- Sufficient evidence or reasonable ground: Section 190 applies when the investigation has progressed beyond a case of deficient evidence and the police consider that there is adequate material to proceed.
- Forwarding to the Magistrate: An accused in custody is forwarded to a Magistrate who can take cognizance on a police report and either try the case or commit it for trial, as applicable.
- Bailable offence: Where the offence is bailable and security can be furnished, the police may take security for the accused's appearance before the Magistrate.
- Accused not in custody: The proviso expressly contemplates forwarding the report even when the accused is not in custody, after security for appearance is taken.
- Articles and witnesses: Necessary weapons or other articles are to be sent to the Magistrate, and the complainant and such witnesses as considered necessary may be required to execute bonds to appear and prosecute or give evidence.
- Bond procedure: A copy of the executed bond must be delivered to one of the persons executing it, while the original is sent to the Magistrate with the police report.
Section 189 and Section 190: the distinction
Section 189 addresses release of an accused when evidence is deficient. Section 190 addresses the opposite situation: the investigating officer considers the evidence or reasonable ground sufficient to forward the matter to the Magistrate. Reading these adjacent provisions together helps explain the police decision point at the conclusion of the relevant stage of investigation.
Official legal resources
For authoritative reference, readers should consult the current text of the Bharatiya Nagarik Suraksha Sanhita, 2023 on India Code and the Ministry of Home Affairs resources on the new criminal laws. Where a court filing or legal opinion is involved, the current statutory text, applicable notifications, rules, and binding judicial decisions should be checked.
Note: This page is a general legal information resource and is not a substitute for case-specific legal advice.