Criminal procedure in India | Updated 17 October 2026
Section 170 CrPC and Section 190 BNSS: When Evidence Is Sufficient
When police find sufficient evidence or reasonable grounds to proceed against an accused person, the law sets out how the case is placed before a competent Magistrate. Section 170 of the Code of Criminal Procedure, 1973 (CrPC), is the historical provision; Section 190 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), is its current counterpart.
Meaning and purpose of Section 170 CrPC
Section 170 was titled "Cases to be sent to Magistrate, when evidence is sufficient". It governed the steps taken by the officer in charge of a police station where investigation disclosed sufficient evidence or reasonable grounds for proceeding. It did not itself decide guilt, which remains a question for the court.
Section 170 CrPC: Explanation of all four subsections
Subsection (1): Forwarding the accused or taking security
Where sufficient evidence or reasonable grounds existed, the officer was required to forward the accused to a Magistrate competent to take cognizance on a police report and try or commit the case. For a bailable offence, where the accused could furnish security, the officer could take security for appearance before the Magistrate and continued attendance as directed.
Subsection (2): Articles, complainant and witness bonds
The officer was to send to the Magistrate weapons or other articles necessary for production in court and require the complainant, if any, and necessary persons acquainted with the facts to execute bonds for appearance to prosecute or give evidence, as applicable.
Subsection (3): Reference to another court
A bond naming the Court of the Chief Judicial Magistrate extended to a court to which that Magistrate referred the case for inquiry or trial, provided reasonable notice of the reference was given to the persons concerned.
Subsection (4): Copy and forwarding of bond
The officer before whom the bond was executed had to deliver a copy to one of the persons executing it and forward the original bond to the Magistrate with the officer's report.
Section 190 BNSS: Current provision and important change
Section 190 BNSS retains the basic framework of Section 170 CrPC, including forwarding cases, handling relevant articles, witness and complainant bonds, and transmitting the bond to the Magistrate. Its important additional proviso to subsection (1) states that where the accused is not in custody, the police officer shall take security for the accused's appearance before the Magistrate, and the Magistrate shall not refuse to accept the report merely because the accused was not taken into custody.
This addition makes clear that presenting a police report is not, by itself, a reason to arrest a person who has remained at liberty during investigation. Other lawful grounds for arrest or custody must be assessed separately.
| Issue | Section 170 CrPC | Section 190 BNSS |
|---|---|---|
| Case with sufficient evidence | Forward to competent Magistrate | Same broad procedure |
| Bailable offence | Security may be taken for appearance | Comparable provision retained |
| Accused not in custody | Interpreted in case law; no express matching proviso | Express proviso requiring security and prohibiting refusal of the report solely for lack of custody |
| Witness bonds and relevant articles | Subsections (2) to (4) | Subsections (2) to (4) retained |
Does filing a charge sheet require arrest?
No, not automatically. The Supreme Court has explained that the expression "custody" in Section 170 CrPC should not be treated as a compulsory requirement to arrest every accused before filing a charge sheet. See Siddharth v. State of Uttar Pradesh (2021) and Satender Kumar Antil v. Central Bureau of Investigation (2022). Section 190 BNSS now includes the express proviso for an accused who is not in custody.
The police report on completion of investigation is separately governed by Section 193 BNSS (formerly Section 173 CrPC). A Magistrate's decision on cognizance, summons, warrants or remand is governed by the applicable provisions and judicial safeguards, not solely by Section 190.
Related legal provisions
- Section 189 BNSS / Section 169 CrPC: Release of accused when evidence is deficient.
- Section 188 BNSS / Section 168 CrPC: Report of investigation by subordinate police officer.
- Section 187 BNSS / Section 167 CrPC: Procedure when investigation cannot be completed within twenty-four hours.
- Section 193 BNSS / Section 173 CrPC: Police report on completion of investigation.
- Section 531 BNSS: Repeal and savings, relevant to transitional proceedings.
Frequently asked questions
What is Section 170 CrPC?
It is the former procedural rule for sending a case to a Magistrate when police investigation yields sufficient evidence or reasonable grounds to proceed.
Which section replaces Section 170 CrPC?
Section 190 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Can police file a charge sheet without arresting the accused?
Yes. Arrest is not an automatic prerequisite to filing a police report. Section 190 BNSS expressly addresses accused persons not in custody.
Does sufficient evidence mean the accused is guilty?
No. It is a procedural assessment supporting the next stage of the case; guilt is determined by the competent court under the applicable standard of proof.
Official legal resources
Read the BNSS statutory chapters published by NCRB, the BPR&D BNSS text and correspondence table, and the India Code legislative database for authoritative statutory materials and updates.
This article provides general legal information. The applicable law may depend on the date of investigation, savings provisions, judicial orders and special statutes.