Section 190 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 190 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 outlines the procedure for forwarding cases to a Magistrate when sufficient evidence exists. Here's a detailed breakdown:
📝 Section 190: Cases to be sent to Magistrate, when evidence is sufficient
1. Forwarding the Accused to Magistrate
Custodial Arrest: If, upon investigation, the officer in charge of the police station finds sufficient evidence or reasonable grounds, the officer shall forward the accused under custody to a Magistrate empowered to take cognizance of the offense upon a police report and to try the accused or commit him for trial.
Bailable Offenses: If the offense is bailable and the accused is able to give security, the officer 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.
Non-Custodial Arrest: If the accused is not in custody, the police officer shall take security from such person for his appearance before the Magistrate. 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.(vlaoffice.com, prashantkanha.com)
2. Forwarding of Evidence and Witnesses
Weapons and Articles: 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.
Witnesses: The officer 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. Reference to Chief Judicial Magistrate
Bond Reference: 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. Delivery of Bond
Bond Execution: 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.
⚖️ Legal Context and Comparison
Criminal Procedure Code (CrPC) Equivalent: Section 190 of the BNSS is analogous to Section 170 of the Indian Penal Code (IPC), which deals with the procedure when evidence is sufficient to forward a case to a Magistrate. Both provisions ensure that cases with adequate evidence are promptly brought before the judicial system for further proceedings.
🔍 Practical Implications
For Police Officers: They are mandated to forward cases with sufficient evidence to the Magistrate, ensuring that the legal process is initiated without unnecessary delay.
For Accused Individuals: They may be granted bail if the offense is bailable and they can provide the necessary security.
For Witnesses and Complainants: They are required to execute bonds to appear before the Magistrate and participate in the prosecution or provide evidence as needed.
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