Code of Criminal Procedure, 1973 · Chapter XII: Information to the Police and Their Powers to Investigate
Section 170: Cases to be sent to Magistrate, when evidence is sufficient
The Code of Criminal Procedure, 1973 was repealed and replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024.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.
In plain words
If the investigation shows sufficient evidence, the station officer must send the accused in custody to the Magistrate, or for a bailable offence take security for their appearance. Weapons and articles must be sent, and the complainant and key witnesses must give bonds to appear and give evidence.
A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.
Official 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. 1. Ins. by Act 5 of 2009, s.14 (w.e.f. 31-12-2009). 2. Ins. by Act 45 of 1978, s.13 (w.e.f. 18-12-1978).
(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.
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 170
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Amit Kumar & Ors. v. Union of India & Ors.
(i) What is the scope of section 174 CrPC and how is it different from investigation pursuant to filing of FIR under section 154 CrPC. (ii) Whether recourse to inquest proceedings under Section 174 of the CrPC by the…
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Tarsem Lal v. Directorate of Enforcement Jalandhar Zonal Office
(a) Whether the complaint filed u/s.44(1)(b) of Prevention of Money Laundering Act, 2002 will be governed by sections 200 to 205 of the CrPC; (b) If the accused was not arrested by the ED till the filing of the…
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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.
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Satender Kumar Antil v. Central Bureau of Investigation and Anr.
The Amicus submitted report dated 10.02.2024 indicating the directions that have been complied with by the parties in terms of the judgment passed by the Supreme Court in Satender Kumar Antil**. On basis of the said…
- Saurav Das v. Union of India & Ors.
- Satender Kumar Antil v. Central Bureau of Investigation & Anr.
- Sanjay Gupta & Ors v. State of Uttar Pradesh Through Its Chief Secretary & Ors
- Amish Devgan v. Union of India and Others
- 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
- Pankaj Jain v. Union of India & Anr.
- Shabir Ahmed Teli v. State of Jammu & Kashmir
- Amitbhai Anilchandra Shah v. The Central Bureau of Investigation & Anr.
- Umesh Singh v. State of Bihar
- Noorul Huda Maqbool Ahmed v. Ram Deo Tyagi & Ors.
- Babubhai v. State of Gujarat & Ors. Etc.
- Sidhartha Vashisht @ Manu Sharma v. State (Nct of Delhi)
- Pandurang Chandrakant Mhatre & Ors. v. State of Maharashtra
- Kedar Narayan Parida and Ors. v. State of Orissa and Anr.
- M.C.Mehta v. Union of India and Ors.
- Gangadhar Janardan Mhatre v. State of Maharashtra and Ors.
- Union of India v. Prakash P. Hinduja and Anr.
- T.T. Antony v. State of Kerala and Ors.
- Satvinder Kaur v. State (Govt. of N.C.T. of Delhi) and Anr.