Section 189 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
**Section 189 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023** addresses the procedure to be followed by a police officer when, after investigating a case, there is insufficient evidence or reasonable grounds to justify forwarding the accused to a Magistrate.([kanoongpt.in][1])
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### 📜 Text of Section 189
**189. Release of accused when evidence deficient**([jurisquest.com][2])
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 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.([prashantkanha.com][3])
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### ⚖️ Comparison with Indian Criminal Procedure Code (Cr.P.C.)
Section 189 of the BNSS, 2023 mirrors **Section 169 of the Indian Criminal Procedure Code (Cr.P.C.)**, 1973. Both provisions empower the officer in charge of a police station to release an accused person on a bond or bail bond if, after investigation, there is insufficient evidence or reasonable grounds to justify forwarding the accused to a Magistrate. This ensures that individuals are not unjustly detained without adequate cause.([aaptaxlaw.com][4])
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### 🧭 Practical Implications
* **Release on Bond or Bail**: If an individual is in custody and the investigating officer determines that there is insufficient evidence or reasonable grounds to proceed, the officer is mandated to release the individual upon executing a bond or bail bond.([prashantkanha.com][3])
* **Ensuring Fairness**: This provision safeguards individuals from prolonged detention without proper justification, aligning with principles of justice and fairness.
* **Legal Recourse**: The accused is required to appear before a Magistrate if and when required, ensuring that the legal process continues appropriately.
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