Section 173 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 173 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 addresses the procedures for recording information related to cognizable offences and the subsequent steps for investigation.
Key Provisions of Section 173
1. Registration of Information (Sub-section 1)
Oral Information: If information about a cognizable offence is provided orally, it must be documented in writing by the officer in charge of the police station or under their direction. The informant must then read and sign the document.
Electronic Communication: Information received via electronic means should be recorded by the officer. The informant is required to sign the document within three days, after which the substance of the information must be entered into a register maintained by the officer.
Special Considerations: For certain serious offences, if the victim is a woman, the information must be recorded by a woman police officer. Additionally, if the victim is mentally or physically disabled, the information should be recorded at their residence or another convenient location, in the presence of an interpreter or special educator, and the process must be videographed.
2. Provision of Copy of Information (Sub-section 2)
A copy of the recorded information must be provided immediately and free of cost to the informant or the victim.
3. Preliminary Enquiry (Sub-section 3)
Criteria for Enquiry: If the offence is punishable with imprisonment of three years or more but less than seven years, the officer in charge may, with prior permission from a Deputy Superintendent of Police, conduct a preliminary enquiry to determine if there is a prima facie case within 14 days.
Investigation: If a prima facie case exists, the officer may proceed with the investigation.
4. Redressal for Non-Registration of Information (Sub-section 4)
Superintendent of Police: If the officer in charge refuses to record the information, the informant may send the substance of the information in writing to the Superintendent of Police. If the Superintendent is satisfied that the information discloses a cognizable offence, they shall either investigate the case themselves or direct a subordinate officer to do so
Magistrate's Application: If the Superintendent of Police does not act, the informant may apply to a Magistrate under Section 175(3) of the BNSS.
Significance of Section 173
Mandatory Registration: The section mandates the registration of information related to cognizable offences, ensuring that no complaint is ignored.
Timely Investigation: By introducing the concept of a preliminary enquiry with a fixed timeline, the section aims to expedite the process of determining whether an investigation is warranted
Protection of Vulnerable Individuals: Special provisions are made for recording information from women and disabled individuals, ensuring their dignity and rights are upheld.
Accountability: The provisions for providing copies of recorded information and avenues for redressal in case of non-registration promote transparency and accountability in the police force.
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