Introduction
The BNSS seeks to strike a balance between empowering authorities, such as the
police, to make the investigative and adjudicatory processes robust and efficient, and
controlling the potential misuse or abuse of these powers against individuals involved in
the criminal justice system.
Reformation of Investigation System under Bharatiya Nagarik Suraksha Sanhita
(BNSS)
Investigation constitutes a critical aspect of the criminal process, initiated upon receipt
of information by a police officer regarding the commission of an offence. Its primary
objective is to identify the perpetrator and gather evidence for the subsequent initiation
of a trial against the alleged offender to administer appropriate punishment according to
legal provisions.
Chapter XII of the CrPC delineated procedures related to information given to the police
concerning the commission of an offence and their investigative powers. The BNSS
introduces several reforms to the investigative process, including the use of electronic
communication and forensic sciences to foster trust and ensure justice for all parties
involved
Cognizable Offences
BNSS Section 173(1): Allows information about the commission of a cognizable
offence to be transmitted to the officer in charge of the police station via electronic
communication. This information must be recorded and signed within three days by the
individual who provided it, and the substance of such electronic communication must be
recorded in a diary as prescribed by the state government.
Handling Non-Cognizable Offences
BNSS Section 174: Requires such officers to forward the daily diary report of all such
cases on a fortnightly basis to the magistrate.
According to Bare Act Sec.174: (1) When information is given to an officer in charge
of a police station of the commission within the limits of such station of a non-cognizable
offence, he shall enter or cause to be entered the substance of the information in a book
to be kept by such officer in such form as the State Government may by rules prescribe
in this behalf, and,—
(i)refer the informant to the Magistrate;
(ii)forward the daily diary report of all such cases fortnightly to the Magistrate.
(2) No police officer shall investigate a non-cognizable case without the order of a
Magistrate having power to try such case or commit the case for trial.
Any police officer receiving such order may exercise the same powers in respect
of the investigation (except the power to arrest without warrant) as an officer in
charge of a police station may exercise in a cognizable case.
Where a case relates to two or more offences of which at least one is cognizable,
the case shall be deemed to be a cognizable case, notwithstanding that the other
offences are non cognizable.
Procedure for Conducting an Investigation
BNSS Section 176: Incorporates these aspects in crime scene investigation and
evidence recording. For example, it allows for the recording of a rape victim’s statement
through audio video digital devices, including mobile phones, and permits such
recordings to be admitted as evidence.
BNSS Section 176(3): Mandates that upon receiving information about an offence
punishable by seven years or more, the officer in charge of the police station must
ensure that a forensic expert visits the crime scene to collect evidence and that the
scene is video graphed using mobile phones or electronic devices. If forensic facilities
are lacking, the state government should notify the use of facilities from other states
until local facilities are developed.
According to Bare Act Sec. 176: (1) If, from information received or otherwise, an officer
in charge of a police station has reason to suspect the commission of an offence which
he is empowered under section 175 to investigate, he shall forthwith send a report of
the same to a Magistrate empowered to take cognizance of such offence upon a police
report and shall proceed in person, or shall depute one of his subordinate officers not
being below such rank as the State Government may, by general or special order,
prescribe in this behalf, to proceed, to the spot, to investigate the facts and
circumstances of the case, and, if necessary, to take measures for the discovery and
arrest of the offender: Provided that—
When information as to the commission of any such offence is given against any person
by name and the case is not of a serious nature, the officer in charge of a police station
need not proceed in person or depute a subordinate officer to make an investigation on
the spot;
If it appears to the officer in charge of a police station that there is no sufficient ground
for entering on an investigation, he shall not investigate the case: Provided further that
in relation to an offence of rape, the recording of statement of the victim shall be
conducted at the residence of the victim or in the place of her choice and 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 such statement may also be recorded
through any audio-video electronic means including mobile phone.
In each of the cases mentioned in clauses (a) and (b) of the first proviso to sub-section
(1), the officer in charge of the police station shall state in his report the reasons for not
fully complying with the requirements of that sub-section by him, and, forward the daily
diary report fortnightly to the Magistrate and in the case mentioned in clause (b) of the
said proviso, the officer shall also forthwith notify to the informant, if any, in such manner
as may be prescribed by rules made by the State Government.
On receipt of every information relating to the commission of an offence which is made
punishable for seven years or more, the officer in charge of a police station shall, from
such date, as may be notified within a period of five years by the State Government in
this regard, cause the forensic expert to visit the crime scene to collect forensic
evidence in the offence and also cause videography of the process on mobile phone or
any other electronic device:
Provided that where forensic facility is not available in respect of any such offence, the
State Government shall, until the facility in respect of that matter is developed or made
in the State, notify the utilisation of such facility of any other State.
Conclusion
The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, introduces significant reforms
to the investigation process within the Indian criminal justice system. By incorporating
modern technology and forensic sciences, the BNSS aims to enhance the efficiency,
professionalism, and effectiveness of police investigations. These reforms address long-
standing issues and seek to create a more balanced and just system that empowers
authorities while safeguarding individuals’ rights.
