176. Procedure for investigation.— (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—
(a) 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;
(b) 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.
(2) 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.
(3) 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.
Section 176 of BNSS provides the procedure for the police to investigate in cognizable cases. So, the section can be break down into:
The steps he will take are:
Thus, the investigation under Section 176 commences only after the officer in charge of a police station forms a ‘reasonable suspicion’ regarding the commission of a cognizable offence. Once such satisfaction is reached, two statutory duties arise simultaneously. First, the officer must immediately forward a report to the Magistrate empowered to take cognizance of the offence upon a police report. Secondly, he must either personally visit the place of occurrence or depute a competent subordinate officer to conduct the investigation.
The expression “forthwith” used in the section indicates that the report to the Magistrate must be sent without unnecessary delay. The object behind this requirement is to ensure judicial oversight over the investigation from its inception and to maintain transparency in police action. The Magistrate is thereby kept informed that an investigation into a cognizable offence has commenced.
After forwarding the report, the investigating officer is required to ascertain the facts and circumstances surrounding the alleged offence. This includes visiting the scene of occurrence, collecting physical and documentary evidence, examining witnesses, wherever necessary, and taking all lawful steps to identify and apprehend the offender. The words “if necessary” preceding the phrase “to take measures for the discovery and arrest of the offender” signify that the necessity of arrest depends upon the facts and circumstances of each case and is not an automatic consequence of registration of the FIR.
The power to depute a subordinate officer is also subject to an important safeguard. Such an officer must not be below the rank prescribed by the State Government through a general or special order. This ensures that investigations are conducted by officers possessing the requisite experience and competence, thereby maintaining the quality and credibility of the investigative process.
Section 176(1) contains two exceptions to the general rule requiring the officer in charge of a police station to proceed with the investigation immediately. These two exceptions are:
The first proviso empowers the officer in charge not to proceed personally or depute a subordinate officer to investigate on the spot where the information regarding the commission of the offence is given against a person by name and the case is not of a serious nature. This provision recognises that every cognizable case does not necessarily require an immediate visit to the scene of occurrence. It enables the police to exercise discretion in cases involving minor offences where an elaborate investigation at the spot may not be warranted. We can refer to the judgment of Satendra Kumar Antil v. CBI, wherein the Hon’ble Supreme Court provided four categories to guide the police with matters of arrest.
Clause (b) of the first proviso authorises the officer in charge not to investigate the case if he is satisfied that there is no sufficient ground for entering upon an investigation. The expression “no sufficient ground” implies that the officer must apply his mind to the information received before declining to investigate. This gives police a wide power to decide which cases they will proceed with and which they can label as lacking sufficient grounds.
However, the power cannot be exercised arbitrarily or mechanically and must be based upon objective considerations arising from the information available. The mandate of providing the magistrate a report under sub-section(1) of section 176 of the BNSS works as a safeguard to ensure the valid exercise of power.
The second proviso to Section 176(1) introduces a victim-centric procedure for recording the statement of a rape victim. It mandates that the statement shall be recorded at the residence of the victim or at a place of her choice. As far as practicable, the statement should be recorded by a woman police officer in the presence of the victim’s parents, guardian, near relatives, or a social worker of the locality.
The proviso further recognises the use of technology by permitting such statement to be recorded through audio-video electronic means, including a mobile phone. This provision seeks to minimise the trauma suffered by victims of sexual offences, ensure their dignity and privacy, and improve the reliability and transparency of the investigation.
Sub-section (2) imposes procedural safeguards where the investigating officer decides not to fully comply with the requirements of sub-section (1) under either clause (a) or clause (b) of the first proviso. In such cases, the officer must state the reasons for not proceeding with the investigation in the prescribed manner and forward the daily diary report to the Magistrate every fortnight.
Further, where the officer declines to investigate under clause (b) on the ground that there is no sufficient basis for investigation, he is also required to forthwith notify the informant in the manner prescribed by the rules framed by the State Government. This requirement promotes transparency, accountability, and enables the informant to avail appropriate legal remedies against such refusal.
Sub-section (3) is one of the significant innovations introduced by the Bharatiya Nagarik Suraksha Sanhita, 2023. It mandates that upon receiving information relating to the commission of an offence punishable with imprisonment for seven years or more, the officer in charge of the police station shall ensure that a forensic expert visits the crime scene for the collection of forensic evidence. This facility of forensic investigation is to be made available within 5 years from the date the State Government notifies.
The provision further requires that the entire process of collection of forensic evidence be videographed through a mobile phone or any other electronic device. The objective is to strengthen scientific investigation, reduce dependence solely on oral evidence, preserve the integrity of physical evidence, and improve the quality and credibility of criminal investigations.
Recognising the practical limitations faced by certain States, the proviso to sub-section (3) permits the State Government, where adequate forensic facilities are not yet available, to notify the utilisation of forensic facilities of another State until its own infrastructure is developed. This transitional arrangement ensures that the implementation of mandatory forensic investigation is not defeated merely because of the absence of local forensic resources.
Find BNSS Bare Act here.
This article is authored by Jeet Sinha.
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