BNSS Section 190 — Cases to be Sent to Magistrate When Evidence is Sufficient

(A comprehensive guide for citizens, students, and legal professionals)

After a First Information Report (FIR) is registered and police begin their investigation, the criminal justice process moves into a phase where evidence is collected, witnesses are examined, and forensic support is obtained if needed. Once the investigation reaches a logical conclusion, the police must decide whether the case should proceed before a court. BNSS Section 190 governs this exact stage.

It lays down the rule that whenever the investigating officer believes that a cognizable offence is supported by sufficient evidence, the case must be forwarded to a Magistrate who has jurisdiction to take cognizance and conduct further proceedings. The key mindset behind this provision is that police investigate, but courts decide. It prevents police from acting as judge and ensures independent judicial oversight before anyone faces trial.

✅ What does Section 190 essentially do?

Section 190 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, mandates that:

• Once prima facie evidence exists to show that an offence has been committed by a specific person,
• The police must prepare a detailed investigation report (popularly called the charge-sheet)
• And send it to the Magistrate empowered to try or commit the case

It ensures that the transition from police action to court action is timely and transparent. If someone is accused of a crime, the authority to scrutinize evidence and move toward trial always rests with the judiciary.

This reflects one of the most fundamental constitutional values:

“No person shall be deprived of liberty except by a fair and just legal process.”

✅ Why timely submission of the report matters

Criminal cases often lose momentum if there are unnecessary delays in filing the police report. Section 190 places clear obligations on the police:

• Complete the investigation without undue delay
• Submit the report as soon as sufficient evidence is found
• Avoid prolonging arrests or bail restrictions without progress

This protects both:

✅ Victims, who deserve a timely pursuit of justice

✅ Accused persons, who must not remain under suspicion indefinitely without trial

Justice system credibility largely depends on how efficiently this stage is handled.

✅ What must be included in the report?

A charge-sheet under BNSS must be self-contained and comprehensive, typically including:

• Exact legal provisions invoked
• Sequence of events forming the alleged crime
• Identity of accused and their role
• Information about victims and damage/injuries
• Witness list and their recorded statements
• Forensic, medical and scientific evidence
• Details of arrests, if any
• Seizure memos, CCTV files, digital evidence
• Any previous criminal history found in record checks

The Magistrate should be able to understand the story of the crime and the accused’s involvement without needing external materials at this stage.

✅ Arrest is not compulsory before sending the case to Magistrate

Perhaps the most reassuring reform reflected in BNSS:

• Police need not arrest the accused just to file the charge-sheet
• If the accused is cooperating, appears when required, and evidence is secured:
• Personal bonds,
• Bail guarantees, or
• Summons are enough

This prevents:

❌ custodial harassment

❌ overcrowding of prisons

❌ misuse of arrest as a tool of pressure

It reinforces the legal doctrine recognized by courts:

Arrest must be a necessity, not a routine step.

✅ What happens after the case is sent to the Magistrate?

Once the report reaches court:

The Magistrate may:

1️⃣ Take cognizance of the offences and begin proceedings

2️⃣ Order further investigation if evidence appears incomplete

3️⃣ Drop charges if there are no valid grounds to proceed

4️⃣ Convert the case into a warrant-case or summons-case format depending on severity

At this stage, the court becomes responsible for ensuring that:

• The rights of all parties are protected
• The trial process begins fairly
• The accused is summoned in a lawful manner

The court may also decide on bail, legal aid, and production of the accused if required.

✅ Rights of accused respected under Section 190

Even when evidence exists, the accused is entitled to full due process:

• Presumption of innocence until conviction
• Right to legal counsel of choice
• Right to be informed about charges
• Right to apply for bail
• Right to challenge wrongful accusations
• Right to obtain copies of documents filed against them

The legal system values fairness over speed.

✅ Rights of victims strengthened

Victims often struggle to stay informed after initial reporting. Under BNSS:

• They may seek updates regarding case status from police
• They may request additional materials to be considered
• They can be represented through legal counsel
• They may object if case is closed without sufficient reason

Section 190 supports the rising role of victims as stakeholders, not just witnesses.

✅ What if police file a weak or incomplete report?

Magistrates are not passive recipients. They may:

• Ask for clarification on evidence
• Direct supplementary investigation
• Reject improper reasoning and demand accountability
• Pass remarks on investigating officer’s failure

Judicial supervision prevents:

❌ arbitrary discharge of genuine cases

❌ malicious prosecution of innocent individuals

The court therefore becomes a checkpoint for fairness and accuracy.

✅ Connection with other legal provisions

Section 190 sits within a chain of investigative powers:

• Section 173: Information about cognizable offences (FIR stage)
• Section 176–189: Detailed police powers and duties
• Section 193: Further investigation after initial police report

This makes Section 190 the bridge between:

Police investigation → Court trial system

✅ Real-world example for clarity

Suppose a cyber fraud case occurs:

1. FIR registered under Section 173
2. IO traces financial trails, retrieves phone records
3. Statements collected from victim and bank officer
4. Accused cooperates with investigation; no arrest needed
5. Police submit charge-sheet under Section 190
6. Magistrate reviews → finds adequate evidence
7. Trial begins based on technical and oral testimony

The victim receives progress assurance, while the accused retains liberty until conviction.

✅ Final takeaway

Section 190 ensures that:

• Only evidence-backed cases reach the courts
• Judicial authority decides future proceedings
• Police cannot delay or drag cases indefinitely
• Accused maintain personal liberty unless custodial detention is necessary
• Victims are brought closer to the justice process

In short:

BNSS Section 190 is a safeguard that balances accountability, fairness, and timely justice during the crucial stage between investigation and trial.

It upholds the rule of law by making sure that every prosecution begins on a foundation of truth, legality, and judicial oversight.