Bharatiya Nagarik Suraksha Sanhita, 2023
Section 191 BNSS: Complainants and Witnesses Not to Accompany Police or Be Subjected to Restraint
Section 191 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) protects complainants and witnesses travelling to Court from unnecessary police accompaniment, restraint, inconvenience, and demands for security beyond their own bond.
What Section 191 BNSS means
The provision is intended to protect the dignity and freedom of complainants and witnesses while they are on their way to Court. They cannot ordinarily be compelled to accompany a police officer, subjected to unnecessary restraint or inconvenience, or required to furnish security for appearance other than their own bond.
The proviso creates a limited exception. If a complainant or witness refuses to attend Court or refuses to execute a bond as directed under Section 190 BNSS, the officer in charge of the police station may forward that person in custody to the Magistrate. The Magistrate may then detain the person until the bond is executed or until the hearing of the case is completed.
Text of Section 191 BNSS
191. No complainant or witness on his way to any Court shall be required to accompany a police officer, or shall be subjected to unnecessary restraint or inconvenience, or required to give any security for his appearance other than his own bond:
Provided that if any complainant or witness refuses to attend or to execute a bond as directed in section 190, the officer in charge of the police station may forward him in custody to the Magistrate, who may detain him in custody until he executes such bond, or until the hearing of the case is completed.
Key protections under Section 191
- No compulsory police accompaniment: A complainant or witness travelling to Court cannot ordinarily be required to accompany a police officer.
- No unnecessary restraint: The person must not be subjected to avoidable physical restraint.
- No unnecessary inconvenience: Police procedure should not impose avoidable hardship on the complainant or witness.
- Own bond is sufficient: Security for appearance cannot ordinarily be demanded beyond the person's own bond.
- Limited exception for refusal: Custody may arise only where the complainant or witness refuses to attend or execute the bond required under Section 190.
- Magistrate controls further detention: Once forwarded in custody, detention is by order of the Magistrate and lasts only until the bond is executed or the hearing is completed.
Connection with Section 190 BNSS
Section 191 must be read with Section 190. Section 190 deals with cases where sufficient evidence or reasonable ground exists and requires, among other things, certain complainants and witnesses to execute bonds to appear before the Magistrate and prosecute or give evidence. Section 191 then protects those persons from unnecessary police accompaniment, restraint, inconvenience, or additional security requirements while preserving the consequences of a refusal to attend or execute the required bond.
Practical significance
The section balances two objectives: ensuring that complainants and witnesses attend Court when lawfully required, and preventing coercive or unnecessarily burdensome treatment during that process. Its general rule is protective; the custody mechanism in the proviso is an exception linked to refusal to comply with the appearance or bond requirement under Section 190.
Official legal resources
For authoritative use, consult the current text of the Bharatiya Nagarik Suraksha Sanhita, 2023 on India Code and the Ministry of Home Affairs materials on the new criminal laws. In litigation or legal advice, the current statute, notifications, rules and binding judicial decisions should also be checked.
Note: This article provides general legal information and is not a substitute for case-specific legal advice.