BNSS Section 189: Release of accused when evidence deficient
Bharatiya Nagarik Suraksha Sanhita, 2023 · Chapter 13: Information to the Police and Their Powers to Investigate
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¶189. 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.
Study: explanations and related material
Replaces CrPC 169. CrPC → BNSS converterSource: BPR&D BNSS–CrPC corresponding section table (UP Police, 2024-07-03)
Official reference: Ministry of Home Affairs: Gazette text, 25 December 2023 — source link checked: 2 October 2026.Recorded edition / snapshot date: 2024-07-01.Mobile-app reference import; the recorded snapshot date is not a fresh legal-currency guarantee. The linked government text is an independent authoritative reference, not certification that this website reproduces the same edition. The source link was checked, not every provision or subsequent amendment. Check commencement notifications, savings and jurisdiction-specific variations separately.
This text is for reference, not legal advice. Consult the official source for the authoritative text.
Other sections in this chapter
- 173. Information in cognizable cases
- 174. Information as to non-cognizable cases and investigation of such cases
- 175. Police officer's power to investigate cognizable case
- 176. Procedure for investigation
- 177. Report how submitted
- 178. Power to hold investigation or preliminary inquiry
- 179. Police officer's power to require attendance of witnesses
- 180. Examination of witnesses by police
- 181. Statements to police and use thereof
- 182. No inducement to be offered
- 183. Recording of confessions and statements
- 184. Medical examination of victim of rape
- 185. Search by police officer
- 186. When officer in charge of police station may require another to issue search-warrant
- 187. Procedure when investigation cannot be completed in twenty-four hours
- 188. Report of investigation by subordinate police officer
- 190. Cases to be sent to Magistrate, when evidence is sufficient
- 191. Complainant and witnesses not to be required to accompany police officer and not to be subject to restraint
- 192. Diary of proceedings in investigation
- 193. Report of police officer on completion of investigation
- 194. Police to enquire and report on suicide, etc
- 195. Power to summon persons
- 196. Inquiry by Magistrate into cause of death