Cases to be sent to Magistrate when evidence is sufficient
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Summary
Where investigation yields sufficient evidence or reasonable grounds, the station officer must forward the accused in custody to a Magistrate who can take cognizance and either try or commit the case. If the offence is bailable and the accused can give security, the officer may take that security instead. The officer must also send any necessary articles to the Magistrate and require the complainant and necessary witnesses to execute bonds to appear and give evidence.
Example
Priya files an FIR after her shop is robbed. Police investigation finds reasonable evidence and arrests Karan. The officer forwards Karan in custody to the Magistrate with the recovered goods and makes Priya and two witnesses sign bonds to appear and give evidence. If the offence were bailable and Karan could furnish security, the officer would accept that instead.
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.
(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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