Chapter 13: Summary
Arrests, investigations, and other associated aspects have been described in chapter 13 of Bharatiya Nagarik Suraksha Sanhita 2023, which includes:
The Chapter 13 named as "Information to the Police and their Powers to Investigate" comprises total 24 sections staring from 173 to 196. This capter is equivalant of the CHAPTER XII - Information to the Police and their Powers to Investigate under legacy The Code of Criminal Procedure, 1973
Section 173 – Cognizable Offences: Summary in Legal Language
1. Mode of Reporting
- Can be given orally or electronically to the officer-in-charge of a police station.
2. Oral Information
- Must be written, read to the informant, and signed.
3. Electronic Information
- Must be signed within 3 days and recorded in the prescribed register.
4. Special Provisions for Women Victims
- Must be recorded by a woman officer if offence falls under specified sections of BNS, 2023.
5. Special Provisions for Disabled Victims
- Recording must occur at a chosen location, with interpreter/special educator, and be videographed.
- Statement must be recorded by Magistrate promptly.
6. Copy of FIR
- Free copy must be given immediately to informant or victim.
7. Preliminary Enquiry (3–7 Years Punishment)
- With DSP-level approval, officer may:
- Conduct 14-day enquiry to check prima facie case, or
- Proceed with investigation if prima facie case exists.
8. Remedy for Refusal to Record
- Aggrieved person may send written info to SP.
- SP may investigate or direct subordinate to do so.
- If no action, person may approach Magistrate.
Section 174 – Non-Cognizable Offences: Procedure and Investigation
1. Recording Requirement
- Officer-in-charge must record non-cognizable offence details in a register as per State-prescribed format.
2. Magistrate Referral
- Informant must be directed to the competent Magistrate.
3. Periodic Reporting
- Fortnightly submission of daily diary entries on such cases to the Magistrate is mandatory.
4. Investigation Restriction
- No investigation shall commence without Magistrate’s prior approval.
5. Scope of Powers Post-Approval
- Upon authorization, police may investigate with powers akin to cognizable cases, excluding arrest without warrant.
6. Mixed Offence Classification
- If any offence in a case is cognizable, the entire case is treated as cognizable.
Section 175 – Summary in Legal Language
1. General Power to Investigate
- Officer-in-charge may investigate any cognizable offence within jurisdiction, without Magistrate’s order.
2. Delegation by SP
- SP may direct a DSP to investigate, based on offence’s nature and gravity.
3. Validity of Investigation
- Investigation cannot be challenged solely on the ground of lack of authority under this section.
4. Magistrate’s Power to Order Investigation
- Magistrate (u/s 210) may order investigation upon affidavit under Section 173(4), after inquiry and police submissions.
5. Complaints Against Public Servants
Magistrate may order investigation if:
- (a) Report is received from superior officer detailing incident.
- (b) Public servant’s explanation is considered.
Section 176 – Investigation Procedure (Legal Summary)
1. Initial Action
- If offence is suspected (under Section 175), officer-in-charge must report to Magistrate and proceed to investigate personally or through a qualified subordinate.
2. Exceptions to Spot Investigation
- No need to visit spot if:
- (a) Accused is named and case is not serious.
- (b) No sufficient ground exists for investigation.
3. Important: If Offence is invlving rape allegations,
- (1) The recording of statement of the victim shall be conducted at the residence of the victim or in the place of her choice and,
- (2) As far as practicable by a woman police officer in the presence of her parents or guardian or near relatives or social worker of the locality and,
- (3) Such statement may also be recorded through any audio-video electronic means including mobile phone.
4. Reporting Requirements for Exceptions
- Justify non-investigation or non-visit in report.
- Send fortnightly diary report to Magistrate.
- Notify informant (in clause b cases) as per State rules.
5. Forensic Evidence (Punishment ≥ 7 Years)
Officer must:
- Ensure forensic expert visits crime scene.
- Ensure videography of evidence collection.
- Use facilities of other States if local forensic setup is unavailable.
Section 177 – Submission of Investigation Report
1. Routing of Report
- Report under Section 176 may be routed through a superior police officer, if directed by the State Government.
2. Role of Superior Officer
- May issue instructions to the officer-in-charge.
- Must record such instructions on the report and forward it promptly to the Magistrate.
Section 178 – Magistrate’s Powers on Receipt of Report
1. Investigation Direction
- Magistrate may order investigation upon receiving report under Section 176.
2. Preliminary Inquiry Option
- Magistrate may conduct or assign a subordinate Magistrate to conduct a preliminary inquiry.
3. Disposal of Case
- Magistrate may proceed to dispose of the case as per provisions of the Sanhita.
Section 179 – Attendance of Witnesses During Investigation
1. Authority to Summon
- Investigating officer may issue a written order requiring any person within his or adjoining jurisdiction, acquainted with case facts, to appear before him.
2. Protection for Vulnerable Persons
2.1. The following persons cannot be compelled to attend outside their residence:
- Males below 15 or above 60 years
- Women
- Persons with mental/physical disability or acute illness
2.2. Voluntary attendance at police station is permitted.
3. Expense Reimbursement
- State Government may prescribe rules for payment of reasonable travel expenses if attendance is required outside residence.
Section 180 – Police Examination of Witnesses
1. Authority to Examine
- Investigating officer or designated senior officer may orally examine any person acquainted with case facts.
2. Duty to Answer
- Person must answer truthfully, except questions that may self-incriminate or lead to penalty/forfeiture.
3. Recording of Statements
- Officer may document statements in writing, maintaining separate and accurate records for each witness.
- Statements may also be recorded via audio-video means.
4. Special Provision for Women Victims
- If the woman is a victim under specified BNS sections, her statement must be recorded by a woman officer.
Section 181 – Use of Police Statements in Legal Proceedings
1. No Signature Required
- Statements made to police during investigation, if written, must not be signed by the person making them.
2. Limited Admissibility
- Such statements or records cannot be used in inquiry or trial, except as specifically permitted.
3. Contradiction of Witness
- If a prosecution witness’s statement is recorded:
- Accused may use it to contradict the witness.
- Prosecution may do so with court’s permission.
- Re-examination may refer to it only to clarify cross-examination points.
4. Exceptions
- Does not apply to statements under Section 26(a) or the proviso to Section 23(2) of the Bharatiya Sakshya Adhiniyam, 2023.
5. Omissions as Contradictions
- Failure to mention a relevant fact may be treated as contradiction, subject to context and judicial determination.
Section 182 – Prohibition on Inducement During Investigation
1. No Coercion Permitted
- Police or any authority must not offer inducement, threat, or promise as barred under Section 22 of the Bharatiya Sakshya Adhiniyam, 2023.
2. Voluntary Statements Protected
- No one shall prevent a person from voluntarily making a statement during investigation.
3. Safeguard Clause
- This provision does not override the protections under Section 183(4) of the Bharatiya Nyaya Sanhita, 2023.
Section 183 – Confessions and Statements Before Magistrate
1. Recording Authority>
- Any Magistrate in the district may record confession or statement before inquiry/trial, regardless of jurisdiction.
2. Mode of Recording>
- May be documented via audio-video means in presence of accused’s advocate.
3. Restriction on Police Officers>
- Police officers, even if vested with Magistrate powers, cannot record confessions.
4. Voluntariness Requirement>
- Magistrate must inform the person they are not bound to confess and verify voluntariness before recording.
5. Refusal to Confess>
- If person declines to confess, Magistrate must not authorize police custody.
6. Recording Format>
- Confession must follow Section 316 format, be signed by the maker, and include a Magistrate’s memorandum affirming voluntariness.
7. Statements (Non-confession)>
- Recorded as per evidence rules; Magistrate may administer oath.
8. Special Cases (Sections 64–79, 124 BNS)
- Statement of victim must be recorded promptly:
- Preferably by woman Magistrate or in presence of one.
- Mandatory for offences punishable ≥10 years, life, or death.
- Interpreter/special educator required for disabled persons.
- Must be recorded via audio-video means, preferably mobile.
9. Examination-in-Chief Substitution>
- Statement of disabled person under clause (a) serves as examination-in-chief under Section 142 of Bharatiya Sakshya Adhiniyam, 2023.
10. Forwarding Requirement
- Recorded confession/statement must be sent to the Magistrate conducting the inquiry or trial.
Section 184 – Medical Examination of Rape Victim
1. Timing & Consent
- Victim must be sent for medical examination within 24 hours of receiving information.
- Consent of the woman or authorized person is mandatory.
2. Examiner Qualification
- Preferably by a government hospital’s registered medical practitioner; otherwise, any registered practitioner.
3. Examination Report Must Include
- Name, address, and age of the woman and escort.
- DNA material description.
- Injury marks, if any.
- Mental condition.
- Other relevant details.
- Reasons for conclusions.
- Confirmation of consent.
- Start and end time of examination.
4. Report Submission
- Must be forwarded to the investigating officer within 7 days, who shall submit it to the Magistrate under Section 193.
5. Safeguard Against Forced Examination
- No examination is lawful without valid consent.
6. Definitions
- “Examination” and “Registered Medical Practitioner” as per Section 51.
Section 185 – Police Search Procedure
Grounds for Search
- Officer may search any place within station limits if essential evidence cannot be obtained without delay.
- Grounds and search details must be recorded in the case diary.
Search Execution
- Officer should conduct the search personally, if practicable.
- Search must be recorded via audio-video means, preferably mobile phone.
Delegation of Search
- If personal search is not possible, officer may authorize a subordinate (in writing) to conduct the search.
Legal Safeguards
- Provisions of search warrants and Section 103 apply to such searches.
Reporting & Copy Provision
- Search records must be sent to the Magistrate within 48 hours.
- Owner/occupier may obtain a free copy from the Magistrate upon request.
Section 186 – Search Across Police Station Jurisdictions
Request to Another Station
- Officer-in-charge or Sub-Inspector may request another station’s officer to conduct a search in their jurisdiction.
Procedure for Requested Officer
- Must follow Section 185 and forward any recovered items to the requesting officer.
Urgent Search Authority
- If delay risks loss of evidence, officer may directly search in another station’s jurisdiction as if it were his own.
Mandatory Notifications
- Officer conducting such search must:
- Notify local station officer.
- Send copy of search list (Section 103).
- Forward records to nearest Magistrate.
Right to Copy
- Owner/occupier of searched premises may obtain a free copy of the search record from the Magistrate upon request.
Section 187 – Extended Detention During Investigation
Initial Procedure
- If investigation exceeds 24 hours and accusation appears valid, officer (≥ Sub-Inspector) must send case diary and accused to nearest Magistrate.
Magistrate’s Authority
- May authorize custody up to 15 days (in parts or whole) during first 40/60 days of total 60/90-day detention period.
- If lacking jurisdiction, may forward accused to competent Magistrate.
Maximum Detention Periods
- Up to 90 days for offences punishable with death, life imprisonment, or ≥10 years.
- Up to 60 days for other offences.
- Post expiry, accused must be released on bail if furnished.
Production Before Magistrate
- Accused must appear in person for initial police custody; later extensions may be via audio-video means.
Restrictions on Magistrates
- Second-class Magistrates cannot authorize police custody unless specially empowered by High Court.
Custody Conditions
- Accused remains in custody until bail is furnished.
- Proof of production may be via signature or certified order.
Special Provision for Minor Females
- Women under 18 must be detained in remand home or recognized institution.
Permissible Detention Locations
- Only in police station, judicial custody, or government-declared prison.
Executive Magistrate’s Role (If Judicial Magistrate Unavailable)
- May authorize custody up to 7 days.
- Must forward case records to Judicial Magistrate before expiry.
- Detention period counts toward total under sub-section (3).
Documentation Requirements
- Magistrate must record reasons for authorizing detention.
- Non-CJM Magistrates must send order copy to Chief Judicial Magistrate.
Delay in Summons-Case Investigation
- If not concluded within 6 months, Magistrate must stop investigation unless justified by special reasons.
Sessions Judge’s Power
- May vacate stop order and direct further investigation if warranted.
Section 188 – Report by Subordinate Officer
- Subordinate police officer must report investigation results to the officer-in-charge of the police station.
Section 189 – Release When Evidence Is Insufficient
- If evidence or suspicion is lacking, officer-in-charge must release the accused (if in custody) on bond or bail.
- Accused must appear before Magistrate when required.
Section 190 – Forwarding Case When Evidence Is Sufficient
1. If sufficient evidence exists, officer must:
- Forward accused in custody to Magistrate, or
- Take security for appearance if offence is bailable or accused is not in custody.
2. Magistrate cannot reject report solely because accused is not in custody.
Officer must also:
- Send relevant articles (e.g., weapons) to Magistrate.
- Require complainant and key witnesses to execute bonds for appearance and testimony.
3. If bond names Chief Judicial Magistrate’s Court, it includes any court to which the case is referred, with proper notice.
Officer must:
- Give a copy of the bond to one signatory.
- Send original bond and report to Magistrate.
Section 191 – Protection of Complainants and Witnesses
- No complainant or witness shall be forced to accompany police or face undue restraint.
- Only personal bond is required for appearance.
- If they refuse to attend or execute bond (as per Section 190), they may be sent in custody to Magistrate until compliance or case completion.
Section 192 – Case Diary Requirements
1. Investigating officer must maintain a daily diary noting:
- Time of receiving information
- Start and end of investigation
- Places visited
- Facts discovered
2. Witness statements (Section 180) must be included.
3. Diary must be paginated and bound.
4. Court may refer to diary for aid, not as evidence.
5. Accused cannot access diary unless used to contradict or refresh memory, in which case Section 148/164 of Bharatiya Sakshya Adhiniyam applies.
Section 193 – Final Investigation Report
1. Investigation must be completed without delay.
2. For specified offences (e.g., rape, POCSO), report must be filed within 2 months of FIR.
3. Report Contents
- Names of parties, nature of info, witnesses
- Offence details and accused status (arrested, bailed, forwarded)
- Medical report (if applicable), custody of electronic devices
- Progress update to informant/victim within 90 days
- Action taken must be communicated to first informant
4. Submission Protocol
- May be routed through superior officer (Section 177) if directed by State.
- Magistrate may order discharge of bond/bail if accused released.
5. Supporting Documents
Must include:
- All relied documents not previously sent
- Witness statements under Section 180
- Irrelevant or sensitive parts may be excluded with Magistrate’s approval.
6. Copy Provision
- Indexed copies must be submitted for supply to accused (Section 230).
- Electronic delivery is valid service.
7. Further Investigation
- Additional evidence can be submitted post-report via supplementary reports.
- Same procedural rules apply to such reports.
Section 194 – Police Inquiry on Suspicious Deaths
- Police must inform nearest Executive Magistrate on receiving information of suicide, unnatural death, or suspicious circumstances.
- Officer must visit the scene, investigate in presence of two local witnesses, and prepare a signed report on cause of death.
- Report must be sent to District or Sub-divisional Magistrate within 24 hours.
In cases involving:
- Death of a woman within 7 years of marriage (suicide/suspicious circumstances/request by relative),
- Doubtful cause of death, or
- Other compelling reasons,
→ Body must be sent for medical examination if feasible.
Inquests may be held by District Magistrate, Sub-divisional Magistrate, or specially empowered Executive Magistrate.
Section 195 – Power to Summon for Investigation
- Police may summon witnesses or locals for inquiry under Section 194.
- Summoned persons must answer truthfully, except self-incriminating questions.
- Vulnerable persons (women, minors, elderly, disabled, ill) cannot be required to attend outside their residence.
- Voluntary attendance at police station is permitted.
- If no cognizable offence is disclosed, attendance before Magistrate cannot be compelled.
Section 196 – Magistrate’s Inquiry into Cause of Death
1. Magistrate must hold inquiry in cases of:
- Suicide or suspicious death of woman within 7 years of marriage.
2. May hold inquiry in other suspicious deaths, in addition to or instead of police investigation.
3. Mandatory inquiry if:
- Person dies/disappears in custody, or
- Rape is alleged in custody (police or judicial).
4. Magistrate may:
- Record evidence as per case circumstances.
- Order disinterment for post-mortem if needed.
- Inform and allow relatives to attend inquiry.
5. Body must be sent for medical examination within 24 hours unless impractical (with reasons recorded).
6. “Relative” includes parents, children, siblings, and spouse.
Conclusion:
These provisions aim to balance law enforcement powers with constitutional safeguards, ensuring procedural fairness and accountability.
- Rights of the arrested person, including access to legal counsel during interrogation.
- Conditions under which arrest may be made without a warrant.
- Obligations of police officers during arrest and documentation.
- Medical examination and safety of the arrested individual.
- Time-bound procedures to prevent unlawful detention.