Section 190 of BNSS : Section 190: Cases to be sent to Magistrate, when evidence is sufficient.

Explanation using Example

Example 1:

Scenario: A Theft Case in Mumbai

Ravi, a resident of Mumbai, reports to the police that his house was broken into and several valuable items were stolen. The police investigate the case and gather sufficient evidence, including fingerprints and CCTV footage, pointing to a suspect named Arjun.

Application of Section 190:

1. Investigation and Evidence: The police officer in charge of the investigation finds sufficient evidence against Arjun.
2. Forwarding to Magistrate: The officer forwards Arjun, who is in custody, to the Magistrate empowered to take cognizance of the offence.
3. Bailable Offence: Since theft is a bailable offence, and Arjun is able to provide security, the police take security from him for his appearance before the Magistrate on a specified date.
4. Submission of Evidence: The police officer sends the CCTV footage and other evidence to the Magistrate and requires Ravi and other witnesses to execute a bond to appear before the Magistrate and give evidence.

Example 2:

Scenario: A Non-Bailable Offence in Delhi

Priya, a resident of Delhi, is assaulted by her neighbor, Ramesh. She files a complaint with the police, who investigate and find sufficient evidence, including medical reports and witness statements, to charge Ramesh with assault, a non-bailable offence.

Application of Section 190:

1. Investigation and Evidence: The police officer in charge of the investigation finds sufficient evidence against Ramesh.
2. Forwarding to Magistrate: The officer forwards Ramesh, who is in custody, to the Magistrate empowered to take cognizance of the offence.
3. Non-Bailable Offence: Since assault is a non-bailable offence, Ramesh remains in custody and is presented before the Magistrate.
4. Submission of Evidence: The police officer sends the medical reports, witness statements, and any other relevant evidence to the Magistrate and requires Priya and other witnesses to execute a bond to appear before the Magistrate and give evidence.

Example 3:

Scenario: A Bailable Offence with Accused Not in Custody in Bangalore

Sunil, a resident of Bangalore, is accused of cheating by his business partner, Anil. Anil files a complaint with the police, who investigate and find sufficient evidence, including financial records and witness statements, to charge Sunil with cheating, a bailable offence. However, Sunil is not in custody.

Application of Section 190:

1. Investigation and Evidence: The police officer in charge of the investigation finds sufficient evidence against Sunil.
2. Forwarding to Magistrate: The officer takes security from Sunil for his appearance before the Magistrate on a specified date since Sunil is not in custody.
3. Bailable Offence: Sunil provides the required security and is not taken into custody.
4. Submission of Evidence: The police officer sends the financial records, witness statements, and any other relevant evidence to the Magistrate and requires Anil and other witnesses to execute a bond to appear before the Magistrate and give evidence.
5. Acceptance by Magistrate: The Magistrate accepts the security and does not refuse it on the ground that Sunil is not in custody.