1. CRIMINAL PROCEDURE CODE, 1973
CHAPTER XII
SECTION 169: Release of accused when evidence deficient
BY ARUNDHATI BANERJEE
2. BARE ACT LANGUAGE EXPLAINED
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.
FLOW CHART FOR EASY EXPLANATION
SHO
SUBMITS
CLOSURE
REPORT
MAGISTRATE
SUMMON THE
COMPLAINANT
COMPLAINANT
NOT STATISFIED
PROTEST
PETITION
UNDER
SECTION 190
3. POINTS TO REMEMBER
• A report by the Police officer Section 169 is to be distinguished from the report which the officer-in-
charge of the police station submits under Section 170 or Section 173 (Police Report or Charge Sheet).
The Magistrate may accept final report submitted by the police. If the Magistrate disagrees he may take
suitable action as in the Code but he cannot impinge on the jurisdiction of the police by compelling him
to change the opinion.
• The Magistrate has no jurisdiction to pass an order of release or discharge before the police final report.
• The SHO will see if the evidence is sufficient with the respect of accused which had to be transferred to
the Magistrate. If SHO makes the opinion that evidence is not sufficient. In this case the SHO will release
that accused if that accused if that person is in custody.
• Burden of Prosecution is never discharged unless the proved this case beyond R.D.
4. CASES REALTED TO THIS SECTION
ABHINANDAN JHA vs. DINESH MISHRA AIR 1968
When the police officer submits a report under this Section to effect that no case is made out against
the accused which may justify his trial the Magistrate has no power to call upon police to submit a
police report. However, he can direct the police to make further investigation.
UNION OF INDIA vs. PRAKASH P. HINDUJA AIR 2003
It was held that the manner and method of conducting the investigating are charge left entirely to the
officer-in-charge of the Police Station or a subordinate officer deputed by him. A Magistrate has no
power to intervene with the same. The formation of the opinion whether there is sufficient evidence
or reasonable ground of suspicious to justify the forwarding case to a Magistrate or not as
contemplated by Section 190 and Section 170 is to be that of the officer-in-charge of the police
station and a Magistrate has absolutely no role to play at this stage.
5. RELATION BETWEEN SECTION 169 AND
SECTION 170
Section 169 and Section 170 are counter parts. In other words, Section 170 is the
counter part of Section 169. this is the only Section under which a police officer can
take recognizance from the accused for his appearance before Magistrate. A mere
admission of guilt or confession by the accused during the investigation of the offence
does not necessarily amount to sufficient evidence under this Section.
