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BNSS Section 189 - Release of accused when evidence deficient.

BNSS Section 189 - Release of accused when evidence deficient.

Description of BNSS Section 189 - Release of accused when evidence deficient.

If, upon an investigation under this Chapter, it appears to the officer in charge of the police station that there is not sufficient evidence or reasonable ground of suspicion to justify the forwarding of the accused to a Magistrate, such officer shall, if such person is in custody, release him on his executing a bond, with or without sureties, as such officer may direct, to appear, if and when so required, before a Magistrate empowered to take cognizance of the offence on a police report, and to try the accused or commit him for trial.

Section Offence Punishment Cognizance Bail Triable
189(2) Rioting The same as for the offence. According as offence is cognizable or non- cognizable According as offence is bailable or non-bailable The Court by which the offence is triable.
189(3) Rioting, armed with a deadly weapon. Imprisonment for 5 years, or fine, or both. According as offence is cognizable or non- cognizable According as offence is bailable or non-bailable Magistrate of the first class.