Section 193 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 193 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 outlines the procedures for police officers upon completing an investigation, focusing on the submission of reports to the Magistrate and ensuring transparency and accountability in the criminal justice process
Key Provisions of Section 193
1. Timely Completion of Investigation
General Requirement (Section 193(1)): Every investigation must be completed without unnecessary delay.
Specific Timeframe for Serious Offences (Section 193(2)): Investigations related to offences under sections 64, 65, 66, 67, 68, 70, 71 of the Bharatiya Nyaya Sanhita, 2023, or sections 4, 6, 8, or 10 of the Protection of Children from Sexual Offences Act, 2012, must be concluded within two months from the date the information was recorded by the officer in charge of the police station
2. Submission of Report to Magistrate
Contents of the Report (Section 193(3)): Upon completing the investigation, the officer in charge must forward a report to a Magistrate empowered to take cognizance of the offence. This report should include:
Names of the parties involved.
Nature of the information received.
Names of individuals acquainted with the circumstances of the case.)
Details of the offence committed and the alleged offender.(
Status of the accused (arrested, released on bail, etc.).
Medical examination report of the woman (if applicable)
Sequence of custody in case of electronic devices.
Communication with Informant/Victim (Section 193(3)(ii)): The officer must inform the progress of the investigation to the informant or victim within 90 days, using any means, including electronic communication.
Communication with the Person Providing Information (Section 193(3)(iii)): The officer must also communicate the action taken to the person who provided the information about the offence, in a manner prescribed by the State Government.
3. Further Investigation and Supplementary Reports
Possibility of Further Investigation (Section 193(9)): The submission of the initial report does not preclude further investigation. If new evidence is obtained, the officer must forward supplementary reports to the Magistrate.
Timeframe for Further Investigation: Further investigation during the trial may be conducted with the permission of the Court, and it must be completed within 90 days, extendable with the Court's permission.
4. Exclusion of Irrelevant Information
Request to Exclude Irrelevant Parts (Section 193(7)): If the police officer believes that any part of a statement is not relevant to the proceedings or its disclosure is not in the interests of justice, they may request the Magistrate to exclude that part from the copies provided to the accused
5. Supply of Documents to the Accused
Provision of Documents (Section 193(8)): The officer must submit copies of the police report and other documents to the Magistrate, who will supply them to the accused as required under Section 230. Electronic communication is considered valid for this purpose.
Significance of Section 193
Ensures Timely Justice: By mandating specific timeframes for investigations, Section 193 aims to prevent undue delays and ensure timely justice for victims.
Promotes Transparency: The requirement to inform the informant or victim about the progress of the investigation enhances transparency and accountability in the investigative process.
Facilitates Further Investigation: The provision for supplementary reports allows for the inclusion of new evidence, ensuring that the investigation remains comprehensive and up-to-date.
Protects Rights of the Accused: By allowing the exclusion of irrelevant information from the copies provided to the accused, the section helps protect the rights of the accused while maintaining the integrity of the investigation.(
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