Section 190 BNSS: Cases to be sent to Magistrate, when evidence is sufficient (Formerly Section 170 CrPC)

Section 190 of Bharatiya Nagarik Suraksha Sanhita, 2023: Cases to be sent to Magistrate, when evidence is sufficient

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(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.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Charge Sec 2(1)(b) Investigation Sec 2(1)(h) Police Report Sec 2(1)(p) Police Station Sec 2(1)(q)

Legal Commentary & Landmark Judgments: Section 190

Section 190 regulates the forwarding of cases to the Magistrate when the investigating officer finds that there is sufficient evidence or reasonable ground, mandating production of the accused, weapons, and property (replacing Section 170 CrPC).

Sufficient Evidence Found: Investigating officer forms an opinion that there is sufficient evidence or reasonable ground to justify a trial.
Forwarding Accused & Property: Officer forwards the accused under custody to the Magistrate (or takes security if bailable), along with weapons and seized property.
Witness Binding Mandate: Officer requires the complainant and witnesses to execute bonds to appear and testify before the court.

Key Landmark Precedents:

Siddharam Satlingappa Mhetre v. State of Maharashtra (2011) 1 SCC 694: The Supreme Court held that Section 170 CrPC (Section 190 BNSS) does not mandate that the accused MUST be physically arrested and produced in handcuffs when the charge sheet is filed; if the accused cooperated during probe, custody is unnecessary.
Satender Kumar Antil v. CBI (2022) 10 SCC 51: Reiterated the landmark ruling that trial courts should not reject charge sheets or insist on arresting an accused upon submission of the final report under Section 170 CrPC / 190 BNSS.
Dharampal v. State of Haryana (2014) 3 SCC 306: Affirmed that forwarding of cases under this section marks the culmination of investigation and handover to the judicial forum.

Courtroom Practice & Strategic Litigation Guidance:

Linchpin protection under *Satender Kumar Antil*: When the charge sheet is submitted under Section 190/193 BNSS, if the client was not arrested during investigation, the Magistrate CANNOT remand them to judicial custody on the day of charge sheet filing. Demand appearance on bond.