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Wednesday, 11 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Bharatiya Nagarik Suraksha Sanhita, 2023 · Chapter XIII: Information To The Police And Their Powers To Investigate

Section 189 BNSS: Release of accused when evidence deficient

Corresponding CrPC
Section 169 CrPC

Bare Act text

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 round 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.

Text as enacted in the Bharatiya Nagarik Suraksha Sanhita, 2023 (Act No. 46 of 2023), in force from 1 July 2024. Source: India Code, Government of India.

In simple words

Requires an officer in charge of a police station, if the investigation shows insufficient evidence or reasonable ground of suspicion to forward the accused to a Magistrate, to release the accused if in custody on a bond or bail bond to appear before a Magistrate when required.

Chapter XIII: Information To The Police And Their Powers To Investigate

  1. 173 Information in cognizable cases
  2. 174 Information as to non-cognizable cases and investigation of such cases
  3. 175 Police officer’s power to investigate cognizable case
  4. 176 Procedure for investigation
  5. 177 Report how submitted
  6. 178 Power to hold investigation or preliminary inquiry
  7. 179 Police officer's power to require attendance of witnesses
  8. 180 Examination of witnesses by police
  9. 181 Statements to police and use thereof
  10. 182 No inducement to be offered
  11. 183 Recording of confessions and statements
  12. 184 Medical examination of victim of rape
  13. 185 Search by police officer
  14. 186 When officer in charge of police station may require another to issue search-warrant
  15. 187 Procedure when investigation cannot be completed in twenty-four hours
  16. 188 Report of investigation by subordinate police officer
  17. 189 Release of accused when evidence deficient
  18. 190 Cases to be sent to Magistrate, when evidence is sufficient
  19. 191 Complainant and witnesses not to be required to accompany police officer and not to be subject to restraint
  20. 192 Diary of proceedings in investigation
  21. 193 Report of police officer on completion of investigation
  22. 194 Police to enquire and report on suicide, etc
  23. 195 Power to summon persons
  24. 196 Inquiry by Magistrate into cause of death
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