(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.
Bharatiya Nagarik Suraksha Sanhita
Section 190
Cases to be sent to Magistrate, when evidence is sufficient
⚡ Quick Answer Reference: Section 190 BNSS
- Provision: Section 190 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE
- Jurisdiction: India
- Summary: If police have enough evidence, they must send the accused to a Magistrate who can try the case or commit it for trial. If the accused is bailable, the police can take security from them instead.
What does Section 190 of BNSS say?
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What does Section 190 of BNSS mean?
Plain English Explanation
If police have enough evidence, they must send the accused to a Magistrate who can try the case or commit it for trial. If the accused is bailable, the police can take security from them instead.
Practical Interpretation
This section is crucial in the Indian criminal justice system as it ensures that cases with sufficient evidence are expedited through the Magistrate's court, promoting justice and reducing delays.
Core Legal Purpose
The core purpose of Section 190 is to ensure that cases with sufficient evidence are efficiently processed through the Magistrate's court, thereby upholding the principles of justice and fairness.
- •Sufficient evidence or reasonable ground for the offence
- •Accused must be in custody or security must be taken from them
- •Magistrate empowered to take cognizance of the offence and try the accused
- •Offence is bailable and the accused is able to give security
Practical Example of Section 190 BNSS
Rajesh, a police officer, investigates a case of theft and finds sufficient evidence against the accused, Amit. Rajesh forwards Amit to the Magistrate, who is empowered to try the case. The Magistrate requires Rajesh to send any relevant evidence, including a stolen laptop, and asks the complainant, Priya, and witnesses to execute a bond to appear before the court and testify.
Frequently Asked Questions about Section 190 BNSS
Q: What is the punishment or consequence under Section 190 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 both private individuals and public entities, as it pertains to the investigation and trial of offences.
Q: Is an offence under this section bailable or cognizable?
The offence under this section is bailable, as the accused can be released on bail if they provide security.
Common Questions about Section 190 BNSS
What is Section 190 of BNSS?
Section 190 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Cases to be sent to Magistrate, when evidence is sufficient". In plain terms: If police have enough evidence, they must send the accused to a Magistrate who can try the case or commit it for trial. If the accused is bailable, the police can take security from them instead.
What is the punishment under Section 190 of BNSS?
Section 190 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 190 of BNSS bailable or non-bailable?
Whether Section 190 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 190 of BNSS?
The essential elements of Section 190 of BNSS are: Sufficient evidence or reasonable ground for the offence; Accused must be in custody or security must be taken from them; Magistrate empowered to take cognizance of the offence and try the accused.
Landmark Judgments under Section 190 BNSS
Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 190
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