BNSS Section 189 — Release of accused when evidence deficient

Summary

If, during an investigation under this chapter, the police station in-charge finds that there is not enough evidence or reasonable suspicion to send the accused to a magistrate, and the accused is in custody, the officer must release him. The release will be on a bond or bail bond, as the officer decides, requiring the accused to appear before a magistrate if and when needed.

Official 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.

Related Judgments

• SC (2025) Vol.5 p.730 — Supreme Court of India (2025)
• SC (2025) Vol.6 p.545 — Supreme Court of India (2025)
• SC (2024) Vol.7 p.979 — Supreme Court of India (2024)
• SC (2025) Vol.2 p.1588 — Supreme Court of India (2025)
• .. Petitioner/Accused No.12 vs The State of Tamilnadu, — Madras High Court ()
• SC (2024) Vol.12 p.335 — Supreme Court of India (2024)
• SC (2025) Vol.11 p.291 — Supreme Court of India (2025)
• SC (2025) Vol.8 p.785 — Supreme Court of India (2025)

Old <-> New Code Mapping

• CrPC §169 — Release of accused when evidence deficient