Release of accused when evidence deficient.
What this section does
If, upon investigation, the officer in charge of the police station finds insufficient evidence or reasonable ground of suspicion to justify forwarding the accused to a Magistrate, and the accused is in custody, the officer shall release him on a bond or bail bond to appear before a Magistrate empowered to take cognizance on a police report when required.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
Procedure at a glance
- Key actors
- Officer in charge of police station · Accused · Magistrate
- Time limit
- None specified
Derived from CrPC s.169.
Read the official text
For the binding statutory text of BNSS Section 189, refer to the Gazette of India or the India Code official website.
Why this matters
BNSS Section 189 forms part of Bharatiya Nagarik Suraksha Sanhita which replaced the Code of Criminal Procedure 1973 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.