Cases to be sent to Magistrate, when evidence is sufficient
Section 190 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with cases to be sent to Magistrate, when evidence is sufficient. 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 The Act came into force on 01 Jul 2024.
(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:
Provided that if the accused is not in custody, the police officer shall take security from such person for his appearance before the Magistrate and 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.
(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.
Section 190, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 170 Cases to be sent to Magistrate, when evidence is sufficient Text carried over almost unchanged 96%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Satender Kumar Antil vs Central Bureau of Investigation
Decided under Code of Criminal Procedure 170, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
Bail is the rule and jail is the exception in criminal procedure. The presumption of innocence, being a facet of Article 21 of the Constitution, places the burden on the prosecution to prove guilt. Courts must exercise their discretion in granting or refusing bail judiciously, considering all relevant factors including the nature and gravity of the offence, the severity of punishment, the conduct of the accused during investigation, the delay in trial, and the likelihood of the accused absconding. Investigating agencies must comply with Section 41 and 41A of the CrPC by recording reasons for arrest and for not arresting. Non-compliance with these provisions entitles the accused to bail. Courts must act as guardians of liberty and ensure that personal liberty is protected in accordance with the procedure established by law.
On this section: Cases to be sent to Magistrate when evidence sufficient; custody not mandatory at chargesheet stage
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… No.3/accused No.9 is directed to be enlarged on bail in Crime No.415/2024 registered by Bharmasagara Police Station, Chitradurga, for the offences punishable under Sections 191(2), 191(3), 352, 351(2), 351(3), 103(1), 117(2), 109(1), 115(2), 118(2), 189(2), 189(4), 329(4) R/W Section 190 of the Bharatiya Nagarik Suraksha Sanhita, 2023, subject to the following conditions: a) Petitioner No.3/accused No.9 shall execute personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the likesum, to the satisfaction of the jurisdictional Court; b) The petitioner No.3/accused …
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… The learned High Court Government Pleader (HCGP) accepts notice on behalf of the respondent-State. 2. The petitioners/accused Nos. 5, 7, 8, 14, 16, and 19, who are facing investigation for offences punishable under Sections 189(2), 189(4), 126(2), 352, 109(1), 118(1), 115(2), and 351(2) read with Section 190 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, have approached this Court seeking anticipatory bail. 3. Heard the learned counsel for the petitioners and the learned High Court Government Pleader (HCGP) for the respondent-State. 4. The case of the prosecution is that, on 03.12.2024 at about 4:00 PM, …
Questions about Section 190
What have the courts held on Section 190 of the Bharatiya Nagarik Suraksha Sanhita?
Satender Kumar Antil vs Central Bureau of Investigation (11 Jul 2022) is the leading judgment on this section among those set out below, though it was decided under CRPC 170, which this section replaced -- the court never mentioned this Act: Cases to be sent to Magistrate when evidence sufficient; custody not mandatory at chargesheet stage.
How do I find court cases under Section 190 of the Bharatiya Nagarik Suraksha Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNSS 190, section 190 BNSS, section 190 of the Bharatiya Nagarik Suraksha Sanhita. People searching for it also type bnss 190 2 in hindi and bnss 190 1 in hindi. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Satender Kumar Antil vs Central Bureau of Investigation (11 Jul 2022).
What should I read with Section 190 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
3 other provisions in this corpus refer back to it. It carries forward CrPC 170 (Cases to be sent to Magistrate, when evidence is sufficient), so the judgments decided under that provision are the case law on this one.
When did Section 190 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 190 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 190, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 359. Compounding of offences1355 words
- 187. Procedure when investigation cannot be completed in twenty-four hours1122 words
- 2. Definitions956 words
- 243. Trial for more than one offence930 words
- 35. When police may arrest without warrant881 words
- 480. When bail may be taken in case of non-bailable offence823 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.