Investigation Procedures (Sections 173-196 of BNSS)

Investigation Procedures (Sections 173-196 of BNSS)

Section 173 – Information in Cognizable Cases

● Cognizable Offenses: For serious (cognizable) offenses, information provided to the

officer in charge must be recorded in the FIR register.

○ The information can be given orally or in writing, and it must be signed by the

person providing it.

○ A copy of the information is given to the person reporting the crime free of

charge.

● Zero FIR: Information can be reported at any nearby police station, regardless of

where the crime happened. The receiving police station notes the details and

forwards them to the correct jurisdiction. This is called a "Zero FIR."

● Special Requirements:

○ If the crime involves a woman, the statement must be recorded by a female

officer.

○ For victims who are mentally or physically disabled, the information is

recorded in a location convenient for them, and an interpreter or educator

must be present. The recording should also be videotaped.

● If FIR is Refused: If a police officer refuses to lodge the FIR, the person can send a

written report to the Superintendent of Police. If the SP believes it’s a cognizable

offense, they will either investigate it themselves or assign it to a subordinate officer.

Section 174 – Information in Non-Cognizable Cases

● Non-Cognizable Offenses: For less serious offenses, information is recorded in the

Non-Cognizable Report (NCR) register, and the person is directed to the magistrate.

○ A copy of this information is given to the person reporting the crime, free of

charge.

○ The police need the magistrate’s permission to start investigating a

non-cognizable case.

○ Mixed Cases: If a case involves both cognizable and non-cognizable

offenses, it’s treated as a cognizable case.

Section 175 – Police Officer’s Power to Investigate Cognizable Cases

● Investigating Without Order: For cognizable offenses, the police officer in charge

can investigate without needing a magistrate’s order.

● Scope of Investigation: Even if the crime happens outside the local police

jurisdiction, the officer can investigate it.

● Limits of Magistrate’s Authority:

○ An Executive Magistrate cannot order a police officer to investigate.

○ If a police officer is already investigating, the Magistrate cannot order them to

stop. However, if no investigation has started, the Magistrate can order it.

● Protection of Police Actions: Any investigation by the police officer cannot be

questioned on the basis that the officer wasn’t authorized.

● Magistrate’s Order for Investigation: Under Section 190, any Magistrate can order

an investigation to start without formally acknowledging the offense.

Section 176 - Procedure for Investigation

1. Starting an Investigation:

○ If a police officer in charge suspects a serious (cognizable) offense, they

must:

■ Send an FIR (First Information Report) to the Magistrate who has the

authority over the case.

■ Begin investigating the case personally or assign a qualified

subordinate officer to handle the investigation and, if needed, track

down and arrest the suspect.

2. Exceptions:

○ Minor Cases: If the offense is not serious and the suspect is clearly named,

the officer doesn’t have to investigate personally or assign it to a subordinate.

○ Insufficient Grounds: If the officer feels there isn’t enough evidence to justify

an investigation, they can decide not to investigate.

3. Rape Cases:

○ The victim's statement must be recorded by a female police officer in a safe,

comfortable place chosen by the victim, with a family member, guardian, or a

trusted social worker present.

4. Decision Not to Investigate:

○ If the officer decides not to investigate, they must:

■ Provide a written report explaining the reasons.

■ Inform the person who reported the crime of the decision and the

reasons for not investigating.

● Any written statement taken from a witness by the police should not be signed by the

witness.

● These statements, or any police diary records, cannot be used in a court inquiry or

trial directly related to the case being investigated.

● These statements may only be used to cross-examine the witness.

● With the court’s permission, the accused or the prosecution may use these

statements as evidence under specific sections of the Indian Evidence Act.

3. No Inducement to be Offered (Section 182)

● No police officer or authority can threaten or make promises to persuade a witness to

give a statement (as per Section 24 of the Indian Evidence Act).

● However, if a witness wants to give a statement voluntarily, the police cannot stop

them.

4. Recording of Confessions and Statements (Section 183)

● Any confession or statement can be recorded by a Magistrate, even if they don’t

have direct jurisdiction over the case.

● This can happen during the investigation or before a trial starts.

● While the term “confession” isn’t specifically defined, there are other provisions

related to it in the BNSS.

● Confessions can be recorded using audio-video methods, with the accused’s lawyer

present.

● A police officer with Magistrate powers cannot record the confession.

● Before recording, the Magistrate must inform the person that:

○ They are not required to confess.

○ The confession could be used against them in court.

● The Magistrate will not record a confession if they believe it wasn’t made voluntarily.

● Format for Confession Records (Section 316):

○ After recording, the person must sign the confession.

○ The Magistrate should add a note at the bottom saying:

■ They informed the person that they didn’t have to confess.

■ The confession could be used as evidence.

■ The Magistrate believes the confession was made voluntarily and

recorded accurately.

Recording of Confessions and Statements (Section 183)

● Any confession or statement can be recorded by a Magistrate, even if they

don’t have direct jurisdiction over the case.

● This can happen during the investigation or before a trial starts.

● Confessions can be recorded using audio-video methods, with the accused’s

lawyer present.

● A police officer with Magistrate powers cannot record the confession.

● Before recording, the Magistrate must inform the person that and the same is

mentioned at the end of the confession record that

○ They are not required to confess.

○ The confession could be used against them in court. The Magistrate

will not record a confession if they believe it wasn’t made voluntarily.

After recording, the person must sign the confession.

5. Medical Examination of Rape Victims (Section 184)

● In cases of rape or attempted rape, the victim should be examined by a

government or local authority medical professional. If unavailable, a registered

medical practitioner can conduct the examination.

● The examination requires the victim’s consent or of someone on her behalf.

● The victim should be examined within 24 hours of the report.

● The medical professional must document specific details, including:

○ Name and address of the victim and the person who brought her in.

○ Age of the victim.

○ Materials collected for DNA profiling.

○ Any injuries on the victim.

○ Her general mental state etc

● The report must explain the conclusions of the examination

● This report should be sent to the investigating officer asap , who will then

submit it to the Magistrate.

● If the examination is done without the victim’s consent, it will be considered

illegal.

(punishable by death, life imprisonment, or a term of 10 years or more), the

accused can be detained for up to 90 days; otherwise, up to 60 days.

● After these time limits (90 or 60 days), the accused is eligible for bail.

● A Judicial Magistrate of the second class cannot authorize police custody

unless empowered by the High Court.

Section 188 - Report of Investigation by Subordinate Police Officer

● If a subordinate police officer (a police officer lower in rank) carries out an

investigation, they must report the investigation results to the officer in charge

of the police station.

Section 189 - Release of Accused When Evidence is Deficient

● If the officer in charge of the police station finds there isn’t enough evidence to

send the accused to the Magistrate, the accused must be released. However,

the accused must sign a bond as a condition of release.

Section 190 - Cases to be Sent to Magistrate When Evidence is Sufficient

● If the officer in charge has enough evidence or reasonable grounds against

the accused, the officer must send the accused to the Magistrate. The

Magistrate can then officially take up the case and begin the trial or send it for

further trial.

Section 191 - Complainant and Witnesses Not Required to Accompany Police

or Be Restrained

● Complainants or witnesses who are on their way to court do not have to follow

a police officer or be forced to go with them without a valid reason.

● If the complainant or witness refuses to appear in court or sign a bond, they

may be sent to the Magistrate and held in custody until they sign the bond or

until the case is completed.

Section 192 - Diary of Proceedings in Investigation

● During an investigation, every police officer must keep a diary recording all

information and investigation steps. This includes details like when they

began and ended, the places visited, and witness statements.

● The case diary isn’t treated as evidence in court, but it can be used to gather

information during the trial. The accused and the prosecution cannot use it as

evidence, but a police officer may use it to refresh their memory, under

Section 164 of theBSA ( Indian Evidence Act.)

Section 193 - Report of Police Officer on Completion of Investigation

● Investigations must be completed without delay, supporting the principle of

"Speedy Justice."

● Once the investigation is finished, the police officer should send a charge

sheet (an official document stating the charges) to the Magistrate who can

officially handle the case.

● If a superior officer is appointed, they must also send the report to the

Magistrate. This officer can give instructions on further investigation, pending

the Magistrate’s orders.

● If the Magistrate feels that the case isn’t being investigated properly, they can

order an investigation without officially taking up the case

● The Magistrate can also order the accused to be taken into custody again if

they were previously released on bond, and can issue instructions as needed.

● Along with the report sent to the Magistrate, the investigating officer must

include related documents, such as:

○ Relevant documents or summaries

○ Witness statements recorded.

● If there are documents the police feel are unnecessary or irrelevant, they can

request that the Magistrate exclude those parts and explain why.

● If new evidence is found after the report has been sent, the officer in charge

must also forward this additional information to the Magistrate, and further

investigation may occur in the same case.

1. Section 194: Police Investigation in Cases of Suicide or Suspicious

Death

○ If the magistrate or police investigator believes that examining the

deceased’s body might help reveal the cause of death, the magistrate

can order the body to be examined.

○ The magistrate must inform the deceased person’s family during the

inquiry.

● Qualified Medical Examination: If it is a case involving disappearance,

death, or rape, the magistrate (judicial/executive mag ) can decide if a medical

examiner or civil surgeon should examine the body. If they decide it isn’t

necessary, the examination will not be done.