CrPC 170 — Cases to be sent to Magistrate, when evidence is sufficient

Code of Criminal Procedure, 1973

Statutory text

(1) If,  upon  an  investigation  under  this
Chapter, it appears to the officer in charge of the police station that there is sufficient evidence or reasonable ground
as  aforesaid, such  officer  shall  forward  the accused under custody to a Magistrate empowered to take cognizance
of the offence upon a police report and to try the accused or commit him for trial, or, if the offence is bailable and

the accused is able to give security, shall take security from him for his appearance before such Magistrate on a day fixed and for his attendance from day to day before such Magistrate until otherwise directed.
(2) When the officer in charge of a police station forwards an accused person to a Magistrate or takes security
for his appearance before such Magistrate under this section, he shall send to such Magistrate any weapon or other
article which it may be necessary to produce before him, and shall require the complainant (if any) and so many of
the persons who appear to such officer to be acquainted with the facts and circumstances of the case as he may think
necessary, to execute a bond to appear before the Magistrate as thereby directed and prosecute or give evidence (as the case may be) in the matter of the charge against the accused.
(3) If the  Court of the  Chief Judicial  Magistrate  is  mentioned in the  bond, such Court shall be  held to include
any  Court  to  which  such  Magistrate  may  refer  the  case  for  inquiry  or  trial,  provided  reasonable  notice  of  such reference is given to such complainant or persons.
(4) The  officer in  whose  presence the  bond is executed shall deliver a  copy thereof to one  of the  persons  who executed it, and shall then send to the Magistrate the original with his report.

Back to CrPC