Section 170 in The Code of Criminal Procedure, 1989 (1933 A. D.)
170. Case to be sent to Magistrate when evidence is sufficient.
(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 of 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 from day to day 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 forward 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, he shall require the complainant (if any) and so many of the persons who appear to such officer to be acquainted with the 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 [Chief Judicial Magistrate] [Substituted by Act XL of 1966.] 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 day fixed under this section shall be the day whereon the accused person is to appear, if security for his appearance has been taken, or the day on which he may be expected to arrive at the Court of the Magistrate ; if he is to be forwarded in custody.(5)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 wing his report.
