Release of accused when evidence deficient
AI Assist
Summary
If after investigation the officer in charge finds there is insufficient evidence or no reasonable ground to forward the accused to a magistrate, the officer must release the person from custody. Release is on execution of a bond, with or without sureties, obliging the accused to appear before a magistrate when required.
Example
Ravi is arrested after a neighbour accuses him of theft. During investigation the police find no sufficient evidence or reasonable ground to send the case to a magistrate. Since Ravi is in custody, the officer releases him on a bond without sureties obliging him to appear before the magistrate if required.
Bare Act
Enacted textIf, 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.
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