Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 190: 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 Judicial Magistrate empowered to take cognizance of the offence upon a police report 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 Judicial Magistrate and the Judicial 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 Judicial 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 Judicial 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.
Brefe Detail
This section outlines the procedure for forwarding an accused person to a Judicial Magistrate when there is sufficient evidence following an investigation. It details the steps an officer in charge must take, including securing the accused's appearance, handling evidence, and ensuring necessary parties execute bonds.
Question & Answers
What must an officer do if there is sufficient evidence against an accused?
The officer must forward the accused under custody to a Judicial Magistrate or take security for their appearance if the accused is bailable.
What if the accused is not in custody?
The officer shall take security from the accused for their appearance before the Judicial Magistrate.
What should be sent to the Magistrate when forwarding an accused?
Any weapon or article necessary for the case should be sent along with the accused.
Who else must execute a bond in this process?
The complainant and other persons acquainted with the facts of the case must execute a bond to appear before the Judicial Magistrate.
What happens if the bond mentions the Chief Judicial Magistrate?
It shall include any Court to which the Chief Judicial Magistrate may refer the case for inquiry or trial.
Example
1. If an officer investigates a theft and finds sufficient evidence, they will forward the suspect to the Judicial Magistrate, taking security for their appearance.
2. In a case where a weapon was involved, the officer must send the weapon along with the accused to the Magistrate.
Summary
Section 190 establishes the protocol for dealing with accused individuals when there is sufficient evidence following an investigation. It includes forwarding the accused to a Magistrate, the requirement for securing their appearance, and the involvement of other parties in the process.
