What Is BNSS Section 189?

Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 189: Release of accused when evidence deficient.

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.

Brefe Detail

This section outlines the procedure for releasing an accused person when the evidence is insufficient to justify their forwarding to a Magistrate. It allows the officer in charge to release the accused on a bond, ensuring their appearance before the Magistrate when required.

Question & Answers

What happens if the evidence is insufficient against the accused?

If the officer in charge determines that there is insufficient evidence or reasonable suspicion, they can release the accused on a bond.

What is required from the accused for their release?

The accused must execute a bond, with or without sureties, as directed by the officer in charge.

Who does the accused have to appear before after their release?

The accused must appear before a Magistrate empowered to take cognizance of the offence on a police report.

Example

- Scenario 1: A police officer investigates a theft case but finds no substantial evidence linking the accused to the crime. The officer releases the accused on a bond, requiring them to appear before a Magistrate if needed.

Summary

Section 189 provides a mechanism for releasing an accused person from custody when there is insufficient evidence to warrant further legal action. The officer in charge can facilitate this by requiring the accused to execute a bond, ensuring their availability for future proceedings if necessary.