Chapter XII
Section 169 CrPC: Release of accused when evidence deficient
New Law Update (2024)
Section 192(3) BNSS
TRIAL COURT
Magistrate's Court
Punishment
Procedural – Cognizance
Cognizable?
Bailable?
Compoundable?
Bare Act Text
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 ground 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, with or without sureties, 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.
Important Sub-Sections Explained
Landmark Judgements
Abhinandan Jha v. Dinesh Mishra (1968):
This landmark judgment clarified the powers of the police to investigate and the Magistrate’s role upon receiving a final report (including one recommending closure due to insufficient evidence). The Supreme Court held that if the police submit a report under Section 169 CrPC, the Magistrate cannot direct the police to submit a charge sheet. However, the Magistrate is not bound by the police report and can either accept it, order further investigation, or take cognizance if other material suggests an offence has been committed.
Bhagwant Singh v. Commissioner of Police (1985):
This case reinforced the principle that if a Magistrate decides not to take cognizance of an offence based on a police report (which could include a report under Section 169 CrPC indicating insufficient evidence), the complainant must be given an opportunity of being heard. It emphasizes judicial oversight over police reports and the rights of the aggrieved party.