Bharatiya Nagarik Suraksha Sanhita

Section 191

Complainant and witnesses not to be required to accompany police officer and not to be

⚖️ Bail Procedure Guide 🔨 Punishment & Liability Guide

⚡ Quick Answer Reference: Section 191 BNSS

Provision: Section 191 of BNSS
Act: Bharatiya Nagarik Suraksha Sanhita
Classification: INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE
Jurisdiction: India
Summary: This section says that a complainant or witness cannot be forced to go with a police officer to court or be treated unfairly. They also can't be asked to give a security bond unless they agree to it. If they refuse, the police can take them to a Magistrate who can keep them in custody until they agree to the bond or the case is over.

Statutory Content

What does Section 191 of BNSS say?

subject to restraint.— No complainant or witness on his way to any Court shall be required to accompany a police officer, or shall be subjected to unnecessary restraint or inconvenience, or required to give any security for his appearance other than his own bond: Provided that if any complainant or witness refuses to attend or to execute a bond as directed in section 190, the officer in charge of the police station may forward him in custody to the Magistrate, who may detain him in custody until he executes such bond, or until the hearing of the case is completed.

Indian StandardSection 191, Bharatiya Nagarik Suraksha Sanhita

Bluebook (21st ed.)Bharatiya Nagarik Suraksha Sanhita, § 191 (India)

Court Pleading StandardSection 191 of the Bharatiya Nagarik Suraksha Sanhita

Canonical Web linkhttps://nyaya.cloud/acts/bharatiya-nagarik-suraksha-sanhita/191

Embed this Section Card

Want to display this Section explanation card on your website? Copy and paste the HTML code below:

<iframe src="https://nyaya.cloud/api/widget/section?act=bharatiya-nagarik-suraksha-sanhita&sec=191" width="100%" height="250" style="border:none; border-radius:8px;"></iframe>

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 191 of BNSS mean?

Plain English Explanation

This section says that a complainant or witness cannot be forced to go with a police officer to court or be treated unfairly. They also can't be asked to give a security bond unless they agree to it. If they refuse, the police can take them to a Magistrate who can keep them in custody until they agree to the bond or the case is over.

Practical Interpretation

In real practice, this section means that police officers must respect the rights of complainants and witnesses. They cannot use force or coercion to take them to court. If a complainant or witness refuses to cooperate, the police can take them to a Magistrate who can decide what to do next.

Core Legal Purpose

The core purpose of this section is to protect the rights of complainants and witnesses. It ensures that they are treated fairly and with respect by the police. It also provides a mechanism for dealing with those who refuse to cooperate with the police.

Key Legal Elements

•A complainant or witness cannot be forced to go with a police officer to court.
•A complainant or witness cannot be treated unfairly or subjected to unnecessary restraint or inconvenience.
•A complainant or witness cannot be required to give a security bond unless they agree to it.
•If a complainant or witness refuses to cooperate, the police can take them to a Magistrate who can decide what to do next.

Practical Example

Practical Example of Section 191 BNSS

Rajesh, a complainant, is on his way to court to testify in a case. The police officer asks him to accompany him to the court, but Rajesh refuses. The police officer cannot force Rajesh to go with him. Instead, the police officer can take Rajesh to a Magistrate who can decide what to do next. If the Magistrate decides that Rajesh must be kept in custody, he can be detained until he agrees to the bond or the case is over.

Common Questions (FAQ)

Frequently Asked Questions about Section 191 BNSS

Q: What is the punishment or consequence under Section 191 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.

Q: Is an offence under this section bailable or cognizable?

This section is a procedural provision and does not prescribe a penal punishment, so it is neither bailable nor cognizable.

Common Questions about Section 191 BNSS

What is Section 191 of BNSS?

Section 191 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Complainant and witnesses not to be required to accompany police officer and not to be". In plain terms: This section says that a complainant or witness cannot be forced to go with a police officer to court or be treated unfairly. They also can't be asked to give a security bond unless they agree to it. If they refuse, the police can take them to a Magistrate who can keep them in custody until they agree to the bond or the case is over.

What is the punishment under Section 191 of BNSS?

Section 191 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.

Is Section 191 of BNSS bailable or non-bailable?

Whether Section 191 of BNSS is bailable or non-bailable depends on the schedule classification.

What are the elements of Section 191 of BNSS?

The essential elements of Section 191 of BNSS are: A complainant or witness cannot be forced to go with a police officer to court.; A complainant or witness cannot be treated unfairly or subjected to unnecessary restraint or inconvenience.; A complainant or witness cannot be required to give a security bond unless they agree to it..

Landmark Case Laws