Code of Criminal Procedure, 1973 · Chapter XII: Information to the Police and Their Powers to Investigate
Section 169: Release of accused when evidence deficient
The Code of Criminal Procedure, 1973 was repealed and replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. It still applies to offences and proceedings from before that date.
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.
Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.
Source: India Code (Legislative Department), the text of the Act as it stood before its repeal. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the section 169
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Sharif Ahmed and Another v. State of Uttar Pradesh and Another
Nature of chargesheets filed in some jurisdictions by the State/ Police, without stating sufficient details of the facts constituting the offense or putting the relevant evidence on record; significance of chargesheets…
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Dablu Kujur v. The State of Jharkhand
The issue for consideration was the compliance of the requirements of a Police Report under Section 173(2) of the Code of Criminal Procedure, 1973.
- State Through Central Bureau of Investigation v. Hemendhra Reddy & Another. Etc.
- Zakia Ahsan Jafri v. State of Gujarat & Anr.
- Sanjay Gupta & Ors v. State of Uttar Pradesh Through Its Chief Secretary & Ors
- Amish Devgan v. Union of India and Others
- Tofan Singh v. State of Tamil Nadu
- Arnab Ranjan Goswami v. Union of India and Ors.
- Pradeep Ram v. The State of Jharkhand & Anr.
- Pattu Rajan v. The State of Tamil Nadu
- Chief General Manager Gujarat Telecom Circle, Bharat Sanchar Nigam Ltd. & Ors. v. Manilal Ambalal Patel & Anr.
- Dattatraya @ Datta Ambo Rokade v. The State of Maharashtra
- Mohd. Jalees Ansari and Others v. Central Bureau of Investigation
- Ganga Bai v. State of Rajasthan
- Sanjaysinh Ramrao Chavan v. Dattatray Gulabrao Phalke and Others
- Hardeep Singh v. State of Punjab & Ors.
- Amitbhai Anilchandra Shah v. The Central Bureau of Investigation & Anr.
- Umesh Singh v. State of Bihar
- Ravinder Singh v. Sukhbir Singh & Ors.
- Mohammed Ajmal Mohammad Amir Kasab @ Abu Mujahid v. State of Maharashtra
- Rajesh Talwar v. C.B.I. & Ors.
- Arun Kumar Aggarwal v. State of Madhya Pradesh and Ors.
- Noorul Huda Maqbool Ahmed v. Ram Deo Tyagi & Ors.
- Babubhai v. State of Gujarat & Ors. Etc.
- Pandurang Chandrakant Mhatre & Ors. v. State of Maharashtra
- Kedar Narayan Parida and Ors. v. State of Orissa and Anr.
- Babubhai Jamnadas Patel v. State Od Gujarat & Ors.
- Manoj Narain Agrawal v. Shashi Agrawal
- Abdulwahab Abdulmajid Baloch v. State of Gujarat
- Dhuk Singh v. State of Rajasthan & Anr.
- Dilawar Singh v. State of Delhi
- Minu Kumari and Anr. v. State of Bihar and Ors.
- Gangadhar Janardan Mhatre v. State of Maharashtra and Ors.
- Union of India v. Prakash P. Hinduja and Anr.
- Satish Sharma and Anr. v. State of Gujarat
- T.T. Antony v. State of Kerala and Ors.
- Lal Singh Etc. Etc v. State of Gujarat and Anr.
- Ravikant Bhagoji Dhumal and Ors. Etc. v. State of Maharashtra