CrPC Section 170 — Cases to be sent to Magistrate, when evidence is sufficient

Summary

Sub-section (1) says that if an investigation under this Chapter gives the officer in charge of the police station sufficient evidence or the reasonable grounds mentioned earlier, the officer must forward the accused in custody to a Magistrate who can take cognizance on a police report and try the accused or commit him for trial. If the offence is bailable and the accused can give security, the officer must instead take security for the accused’s appearance on a fixed day and attendance before the Magistrate from day to day until otherwise directed.

Sub-section (2) requires the officer, when forwarding an accused or taking security for the accused’s appearance, to send the Magistrate any weapon or other article that may need to be produced. The officer must also require the complainant, if there is one, and as many people who appear to know the case’s facts and circumstances as the officer considers necessary, to sign a bond to appear before the Magistrate as directed and prosecute or give evidence, as applicable, about the charge against the accused.

Sub-section (3) says that if the bond names the Court of the Chief Judicial Magistrate, it is treated as including any court to which that Magistrate refers the case for inquiry or trial, provided the complainant or other people who signed the bond are given reasonable notice of the reference.

Sub-section (4) requires the officer in whose presence the bond is signed to give a copy to one of the people who signed it, then send the original bond to the Magistrate with the officer’s report.

Official Text

(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.

(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.

Referred to by

• CrPC §171 — Complainant and witnesses not to be required to accompany police officer and not to be subjected to restraint
• CrPC §173 — Report of police officer on completion of investigation
• CrPC §175 — Power to summon persons

Related Judgments

• KAMLAPATI TRIVEDI vs STATE OF WEST BENGAL — Supreme Court of India (1978)
• SATENDER KUMAR ANTIL vs CENTRAL BUREAU OF INVESTIGATION & ANR — Supreme Court of India (2022)
• BAIL APPLICATION NO. 540 OF 2025; Mr. Mahaveer Prasad Nagar vs The State of Maharashtra and anr — Bombay High Court (Mumbai Principal Seat) (2025)
• M.C.MEHTA vs UNION OF INDIA AND ORS — Supreme Court of India (2006)
• GANGADHAR JANARDAN MHATRE vs STATE OF MAHARASHTRA AND ORS — Supreme Court of India (2004)
• RAJA RAM JAISWAL vs STATE OF BIHAR — Supreme Court of India (1963)

Old <-> New Code Mapping

• BNSS §190 — Cases to be sent to Magistrate, when evidence is sufficient