Introduction to Section 191 BNSS
BNSS Section 191 aims to prevent the misuse of police power when dealing with complainants or witnesses. It states that no person who is helping the court by giving a complaint or evidence should be forced to travel with the police or face any kind of unnecessary restrictions. This provision promotes dignity and respect for citizens participating in the justice system.
What is BNSS Section 191 ?
BNSS Section 191 is a provision in the Bharatiya Nagarik Suraksha Sanhita (BNSS) that protects the rights of complainants and witnesses when they are involved in a legal case. It ensures that they are treated with respect and are not harassed or forced unnecessarily by the police while attending court proceedings.
BNSS Section of 191 in Simple Points
1. Freedom for Complainants and Witnesses
Under BNSS 191, any person who files a complaint or appears as a witness has the right to freely attend court without being forced to travel with a police officer. This protects their dignity and keeps them from feeling treated like suspects or criminals.
2. No Physical Restraint or Inconvenience Allowed
Police officers are not allowed to restrain, pressure, or inconvenience a complainant or witness unnecessarily. The law respects their role and ensures that they are treated like helpful citizens, not like wrongdoers.
3. Only Personal Bond Is Required
Complainants and witnesses only need to provide a personal bond as a promise to appear in court. They are not required to arrange money, sureties, or any other form of security unless they refuse to cooperate.
4. Strict Action If They Refuse to Appear
If a complainant or witness refuses to attend court or refuses to sign a bond under Section 190, the police can take legal action. They can bring that person to the Magistrate in custody. The Magistrate may hold them until they agree to sign the bond or until the trial is over.
5. Supports a Fair and Respectful Legal Process
This section ensures that only those who try to delay justice are forced into custody. Everyone else is treated with respect. It creates a balance between ensuring justice and protecting citizens’ rights in the legal process.
Section 191 of BNSS Overview
BNSS Section 191 says that complainants and witnesses should not be forced to go with the police to court or be treated with unnecessary control. They do not have to provide any security except their own personal bond. However, if they refuse to attend court or sign the bond, the police can present them before a Magistrate in custody.
BNSS Section 191 – Explained in 10 Key Points
1. Protection Against Forced Accompaniment by Police
BNSS Section 191 protects complainants and witnesses from being forced to accompany police officers to court. They cannot be treated like criminals or made to travel under pressure. This provision recognizes that they are cooperating citizens helping the justice system. The police must respect their independence. Forcing them to go against their will could be harassment. That’s why this law keeps the process voluntary and dignified. It shows that people coming forward with truth should not feel scared. This protection builds public trust in the legal system.
2. No Unnecessary Restraint or Harassment
Under BNSS 191, the law strictly prohibits any kind of restraint or inconvenience on a complainant or witness. This means the police cannot handcuff, detain, or apply pressure on them unless absolutely required. Witnesses are not accused persons and must be treated with respect. The law ensures their comfort and dignity when they assist with a case. It promotes a citizen-friendly approach to justice. This point helps make the legal process more inclusive. People will be more willing to report crimes and testify.
3. No Need for Security Deposit – Just Personal Bond
The law clearly says that no security money or surety is needed from a complainant or witness. They only need to provide a personal bond — a promise to appear in court. This rule removes the burden of financial conditions from common people. It ensures that people are not discouraged from participating due to costs. BNSS 191 treats voluntary cooperation as enough. This personal bond shows faith in the individual. It promotes easy access to justice for everyone, rich or poor.
4. Responsibility to Attend Court When Required
Even though witnesses are protected, they still have a legal duty to attend court when required. If they avoid court or do not sign the bond, they are disobeying a legal order. Their attendance helps the trial move forward and supports the justice process. BNSS 191 balances protection with responsibility. It encourages cooperation with fairness. The law ensures that those who help in a case are not punished but must fulfill their role. Skipping court without reason can invite action under this law.
5. Consequences for Refusal to Cooperate
If a complainant or witness refuses to attend court or refuses to sign a bond, then police can act. They can take the person into custody and present them before the Magistrate. The Magistrate can choose to detain that person until they agree to sign the bond or the case ends. This ensures that people don’t misuse the protection given under this section. It’s a backup rule to prevent delays. This measure keeps the court process on track. Cooperation is protected — not refusal.
6. Magistrate Has Authority to Detain If Needed
BNSS 191 gives the Magistrate the power to decide what happens when someone refuses to cooperate. If a person denies signing the bond, the Magistrate can order that person to be kept in custody. This is not punishment — it’s a legal method to ensure presence. The Magistrate uses this only if someone avoids helping the court. It reinforces the seriousness of legal obligations. The law ensures fairness while also maintaining discipline in the justice system.
7. Encourages Respectful Legal Participation
This section encourages people to participate in the legal system without fear or pressure. It protects their time, comfort, and dignity. By removing unnecessary police control, it ensures that complainants and witnesses feel safe. This builds trust between the public and the justice system. BNSS 191 motivates more people to come forward as witnesses. It reduces the fear of being mistreated or dragged into unnecessary procedures. It’s a step toward a more human-rights-focused justice process.
8. Creates a Balance Between Rights and Duty
BNSS Section 191 creates a fine balance between individual rights and public duty. While it protects people from misuse of power, it also expects them to help the courts when called upon. It shows that cooperation and respect must go both ways. The police and courts must be fair, and the public must be honest and responsible. This mutual respect makes the justice system work better. It prevents delay and ensures justice is not denied to victims or society.
9. Supports Faster and Smoother Trials
By clearly defining what is expected from witnesses and how they should be treated, BNSS 191 helps courts conduct trials smoothly and on time. When witnesses are cooperative and not afraid, it reduces delay in hearing cases. The police also know exactly how to proceed without causing inconvenience. All this makes the trial process efficient. Section 191 avoids confusion and maintains a respectful environment. This helps improve public trust in the criminal justice process.
10. Upholds Human Dignity in Criminal Justice System
At its core, BNSS Section 191 is about protecting human dignity. Even when someone is involved in a serious legal case, if they are not the accused, they should be treated fairly. The law draws a clear line between helping the court and being under arrest. It tells police not to abuse their power and respects the role of the public in bringing out truth. This makes the law more human and more just. It shows that justice doesn’t come at the cost of dignity.
Example 1:
A woman files a theft complaint and is called as a witness. She signs a personal bond and attends court hearings on her own. The police cannot force her to travel with them or ask her to pay any money.
Example 2:
A man who saw a road accident refuses to attend court or sign the bond. The police can then bring him in custody to the Magistrate, who may detain him until he agrees to cooperate.
Section 191 of BNSS Short Information
| No. | Question | Answer |
|---|---|---|
| 1. | Can police force a witness to travel with them? | No, BNSS 191 strictly says that witnesses or complainants cannot be forced to accompany police officers to court. |
| 2. | Can a witness be restrained or treated like a criminal? | No, witnesses must not face any kind of unnecessary restraint, discomfort, or humiliation. |
| 3. | Does a witness need to pay security money to attend court? | No, only a personal bond is required. No financial security or surety is needed from witnesses. |
| 4. | What happens if a person refuses to attend court or sign the bond? | The police may take that person to the Magistrate, who can order custody until the person agrees to cooperate or the case is finished. |
| 5. | Why is BNSS 191 important for the justice system? | It protects human dignity, encourages citizen participation, and prevents police misuse of power, making the legal process more transparent and respectful. |
Why is BNSS Section 191 Needed?
BNSS Section 191 is important to ensure that the justice system remains respectful, fair, and people-friendly. This section was introduced to protect complainants and witnesses from unnecessary harassment or pressure by police authorities. In the past, it was common for witnesses to be treated like accused persons — forced to travel with police, detained, or made to feel uncomfortable. This discouraged ordinary citizens from reporting crimes or appearing in court.
This law clearly sets boundaries: police officers cannot force, restrain, or inconvenience a complainant or witness without legal cause. It also ensures that no security deposit is needed, which helps protect poor and marginalized individuals from being left out of the justice process. At the same time, it keeps accountability by allowing custody if someone refuses to cooperate.
Ultimately, BNSS 191 is needed to create a more dignified, fair, and human-rights-based criminal justice system where citizens feel safe and respected when they help in legal matters.
BNSS Section 191 FAQs
BNSS 191
If you need support with court proceedings or any other legal matters, don’t hesitate to reach out for assistance.
Court or any other marriage-related issues, our https://marriagesolution.in/lawyer-help-1/ website may prove helpful. By completing our enquiry form and submitting it online, we can provide customized guidance to navigate through the process.