Cases to be sent to Magistrate, when evidence is sufficient
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Summary
When a police probe shows sufficient evidence or reasonable grounds, the officer must forward the accused in custody to a Magistrate who can take cognizance and try or commit the case, or take security for appearance if the offence is bailable and the accused can give security. If the accused is not detained, police may still take security and the Magistrate cannot refuse it. Police must also send any necessary weapons or articles and require the complainant and relevant witnesses to execute bonds to appear and give evidence, delivering a copy and sending the original with the report.
Example
Rohan is accused of stealing from a shop and police find enough evidence. Because the offence is bailable and he can give security, police take security for his appearance rather than detain him, and they send the seized knife to the Magistrate. They also ask shopkeeper Priya and witness Aditya to sign bonds to appear and give evidence, give one copy and send the originals with the report.
Bare Act
Enacted 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:
Provided that if the accused is not in custody, the police officer shall take security from such person for his appearance before the Magistrate and the Magistrate to whom such report is forwarded shall not refuse to accept the same on the ground that the accused is not taken in custody.
(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.
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