Chapter XII

Section 170 CrPC: Cases to be sent to Magistrate when evidence is sufficient

New Law Update (2024)

Section 193 BNSS

TRIAL COURT

Magistrate, Chief Judicial Magistrate, or Committing Court

Punishment​

Procedural – Cognizance

Cognizable?

Bailable?

Compoundable?

Bare Act Text

(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.

(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.

Important Sub-Sections Explained

Section 170(1)

This sub-section mandates that if a police investigation uncovers sufficient evidence, the officer must either send the accused person to the Magistrate in custody or, for bailable offences, release them on security to appear before the Magistrate.

Section 170(2)

Along with the accused, the police officer is also required to send all relevant physical evidence, such as weapons, to the Magistrate and secure bonds from complainants and witnesses to ensure their appearance in court to testify or pursue the case.

Landmark Judgements

Draft Format / Application

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