Section 176 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 176 – Procedure for Investigation
Section 176 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, outlines the procedures that law enforcement must follow upon receiving information suggesting the commission of an offense. This section aligns with Section 157 of the Indian Penal Code (IPC) but introduces specific provisions tailored to modern investigative practices.
1. Initiation of Investigation
Obligation to Report: Upon receiving information or otherwise suspecting the commission of an offense that the officer is authorized to investigate under Section 175, the officer in charge of the police station must promptly report the matter to a Magistrate competent to take cognizance of such an offense based on a police report.
Proceeding to the Scene: The officer must then proceed personally or designate a subordinate officer, not below a rank prescribed by the State Government, to visit the scene and investigate the facts and circumstances of the case. If necessary, measures should be taken for the discovery and arrest of the offender.
Exceptions:
Non-serious Cases: If information about the offense is provided against a person by name and the case is not of a serious nature, the officer need not proceed personally or depute a subordinate officer to investigate on the spot.
Insufficient Grounds: If the officer finds no sufficient ground for investigation, they shall not proceed with the case
2. Recording of Victim's Statement in Rape Cases
In cases of rape, the victim's statement should be recorded at her residence or another place of her choice. As far as practicable, this should be done by a woman police officer in the presence of her parents, guardian, near relatives, or a local social worker. Additionally, the statement may be recorded through audio-video electronic means, including mobile phones.
3. Documentation and Reporting
Justification for Non-compliance: In cases where the officer does not fully comply with the requirements of the first proviso (non-serious cases or insufficient grounds), they must state the reasons in their report
Fortnightly Diary Reports: The officer is required to forward the daily diary report to the Magistrate every fortnight.
Notification to Informant: In cases where the officer decides not to investigate, they must notify the informant promptly, in a manner prescribed by the State Government's rules.
4. Forensic Evidence Collection
Mandatory Forensic Involvement: Upon receiving information about an offense punishable with imprisonment of seven years or more, the officer in charge must ensure that a forensic expert visits the crime scene to collect forensic evidence.
Videography of Evidence Collection: The process of collecting forensic evidence must be documented through videography using mobile phones or other electronic devices.
Utilization of Forensic Facilities: If forensic facilities are unavailable within the state, the State Government must notify the utilization of facilities from another state until the necessary facilities are developed or made available.(
These provisions aim to enhance the transparency, accountability, and efficiency of the investigative process, ensuring that modern techniques and standards are applied in criminal investigations.
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