Section 170 of CrPC : Section 170: Cases To Be Sent To Magistrate, When Evidence Is Sufficient

Explanation using Example

Imagine a situation where the police have been investigating a case of theft. After gathering evidence and interviewing witnesses, the officer in charge of the investigation at the local police station concludes that there is enough evidence to believe that a particular individual, John, committed the theft.

Under Section 170(1) of The Code of Criminal Procedure, 1973, the officer decides to forward John to the Magistrate who has the authority to take cognizance of the offence. Since the offence of theft is bailable and John is able to provide a surety bond, the officer takes security from John for his appearance before the Magistrate on a specified date, rather than detaining him in custody.

Following Section 170(2), the officer also sends the stolen items recovered during the investigation to the Magistrate as they are necessary evidence for the case. Additionally, the officer asks the victim of the theft and a few key witnesses who are knowledgeable about the case to sign a bond. This bond obligates them to appear before the Magistrate to testify against John.

As per Section 170(3), if the case is later referred to another Court by the Chief Judicial Magistrate, the complainant and witnesses will be notified in advance so they can attend the court proceedings there.

Finally, in accordance with Section 170(4), the officer provides a copy of the bond to the victim and witnesses who signed it and sends the original bond along with his report to the Magistrate, ensuring that all legal procedures are followed for the case to proceed to trial.