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 round 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 or bail bond, 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.
Bharatiya Nagarik Suraksha Sanhita
Section 189
Release of accused when evidence deficient
Englishहिंदी
⚡ Quick Answer Reference: Section 189 BNSS
- Provision: Section 189 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE
- Jurisdiction: India
- Summary: If the police find there's not enough evidence against someone, they must release that person on bail if they're in custody.
Statutory Content
What does Section 189 of BNSS say?
Indian StandardSection 189, Bharatiya Nagarik Suraksha Sanhita
Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 189 (India)
Court Pleading StandardSection 189 of the Bharatiya Nagarik Suraksha Sanhita
Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/189
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Source: Gazette of India (Official Publication)Verify egazette.gov.in ↗
✓ VERIFIED FOR LEGAL ACCURACYReviewed & certified by Advocate Arjun Choudhury (Bar Council ID: D/8734/2015).
AI Educational GuideAI-generated explanation for educational and research purposes. Original statutory text is preserved exactly.
Section Meaning & Purpose
What does Section 189 of BNSS mean?
Plain English Explanation
If the police find there's not enough evidence against someone, they must release that person on bail if they're in custody.
Practical Interpretation
This section ensures that individuals are not unnecessarily detained when there's a lack of evidence, upholding their right to liberty.
Core Legal Purpose
The purpose is to prevent wrongful detention by requiring the release of accused persons when the evidence against them is insufficient.
Key Legal Elements
- •The investigation under this Chapter must be completed.
- •The officer in charge must determine there's not sufficient evidence or reasonable ground of suspicion.
- •The key legal test is whether there's sufficient evidence to justify forwarding the accused to a Magistrate.
- •A key exception could be if the accused fails to execute the bond or bail bond as directed.
Practical Example
Practical Example of Section 189 BNSS
Rajesh is arrested for a minor offence but after investigation, the police find the evidence against him is weak. The officer in charge of the police station decides to release Rajesh on bail because there's not enough evidence to send his case to a Magistrate. Rajesh must agree to appear before a Magistrate if required.
Common Questions (FAQ)
Frequently Asked Questions about Section 189 BNSS
Q: What is the punishment or consequence under Section 189 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment.
Q: Does this section apply to private individuals or public entities?
This section applies to individuals who are accused of an offence and are in police custody.
Q: Is an offence under this section bailable or cognizable?
This section itself does not classify an offence as bailable or cognizable; it deals with the procedure for release when evidence is deficient.
People Also Ask (PAA)
Common Questions about Section 189 BNSS
What is Section 189 of BNSS?
Section 189 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Release of accused when evidence deficient". In plain terms: If the police find there's not enough evidence against someone, they must release that person on bail if they're in custody.
What is the punishment under Section 189 of BNSS?
Section 189 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 189 of BNSS bailable or non-bailable?
Whether Section 189 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 189 of BNSS?
The essential elements of Section 189 of BNSS are: The investigation under this Chapter must be completed.; The officer in charge must determine there's not sufficient evidence or reasonable ground of suspicion.; The key legal test is whether there's sufficient evidence to justify forwarding the accused to a Magistrate..
Landmark Case Laws
Landmark Judgments under Section 189 BNSS
Patnahcucisdb94 High Court (10 8)
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