BNSS §190

sent to Magistrate, when evidence

Substantively sameConfidence: mediumStatus: cross checked
Last updated 2026-05-01 · Input coverage: full

Compiled by AI-assisted tools. Verify current status against official sources. Last updated: 2026-04-28.

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Comparison

Old law
CRPC §170
Cases to be sent to Magistrate, when evidence is sufficient

170. Cases to be sent to Magistrate, when evidence is sufficient.—(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.

New law
BNSS §190
sent to Magistrate, when evidence

190.

(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: Provided that if the accused is not in custody, the police officer shall take security from such person for his appearance before the Magistrate and the Magistrate to whom such report is forwarded shall not refuse to accept the same on the ground that the accused is not taken in custody.

(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. Report of investigation by subordinate police officer. Release of accused when evidence deficient. Cases to be sent to Magistrate, when evidence is sufficient.

What changedAI-inferred

Cases to be sent to Magistrate when evidence is sufficient.

Old position

CrPC 170 is concerned with Cases to be sent to Magistrate, when evidence is sufficient. Cases to be sent to Magistrate, when evidence is sufficient

New position

BNSS 190 preserves the framework with drafting modernisations as required by the new code. Topic: sent to Magistrate, when evidence. 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

BNSS 190 (sent to Magistrate, when evidence) preserves the framework of CrPC 170. BNSS 190 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code. BNSS 190 text: If, upon an investigation under this...

Editorial deltaAI-indicated (source-linked)

BNSS 190 (sent to Magistrate, when evidence) preserves the framework of CrPC 170. BNSS 190 retains the operative provisions in substantively the same form, with drafting modernisation and structural updates as required by the new code.

BNSS 190 text: 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...

Transitional note (repeal & savings)

For matters initiated before 1 July 2024, CrPC 170 continues to apply. For matters from that date forward, BNSS 190 applies. The transition is governed by the repeal-and-savings clause in the new code (BNS 358 / BNSS 531 / BSA 170 as the case may be); pending proceedings under the old code carry forward unaffected.

Frequently asked

BNSS 190 (sent to Magistrate, when evidence). The relationship is classified as substantively_same — see the change-note above for the textual delta.

Sources

Cite this page

Newlaws.in, CRPC §170 → BNSS §190 Mapping Page, last updated 2026-05-01, accessed 2026-06-15, https://newlaws.in/bnss/190.

Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01

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