Chapter 13: Bharatiya Nagarik Suraksha Sanhita, 2023

CHAPTER XIII: INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE

This is one of the most important chapters. It explains how a criminal case is officially started (the FIR) and what powers the police have to investigate it.

Section 173: Information in cognizable cases (This is the First Information Report or FIR)

• Sub-section (1):
  • Simple English: This section establishes the “Zero FIR” rule. Information about a cognizable offence (a serious crime) can be given to the officer in charge of any police station, no matter where the crime actually happened. This information can be given in two ways:
  • (i) Orally: You tell the officer your story. The officer must write it down, read it back to you, and you must sign it.
  • (ii) By electronic communication: You send the information by email or other electronic means. It must be taken on record, but you must go to the station and sign a printout of it within three days.
  • Main Duty: The “substance” of this information (the core details) must be entered into an official log book (often called the Station Diary or General Diary).
  • Real-World Example (Zero FIR): A person is robbed in Mumbai but travels back to their home in Delhi. They can go to a police station in Delhi and file a “Zero FIR.” The Delhi police must register the FIR (as No. 00/2024) and then transfer it to the correct police station in Mumbai, which will re-number it and begin the investigation.
• Sub-section (1), First Proviso:
  • Simple English: This is a mandatory protection for female victims. If the information is given by a woman reporting an offence of sexual violence against her (like rape, assault, stalking, etc., as listed in the specified BNS sections), her statement must be recorded by a woman police officer.
  • Real-World Example: A woman goes to a police station to report stalking. The male officer at the desk must immediately contact a woman officer (like a Woman Sub-Inspector) to come and formally record her complaint.
• Sub-section (1), Second Proviso:
  • Simple English: This provides protections for victims with disabilities reporting sexual offences.
  • (a) If the victim is temporarily or permanently mentally or physically disabled, the police officer must go to the victim’s residence or another convenient place of their choice (e.g., a relative’s home, an NGO office) to record their statement. This must be done in the presence of an interpreter or a special educator.
  • (b) The entire process of recording this statement must be videographed.
  • (c) After this, the police officer must get the victim’s formal statement recorded by a Judicial Magistrate (under Section 183) as soon as possible.
  • Real-World Example: A victim who is non-verbal reports an assault. A woman police officer goes to the victim’s home with a special educator. The entire interview is recorded on a mobile phone, and the officer then immediately applies to the court to have a Magistrate formally record the victim’s statement.
• Sub-section (2):
  • Simple English: A copy of the FIR, as it was recorded, must be given to the person who gave the information (the “informant”) and the victim, immediately and free of cost.
  • Real-World Example: After you finish giving your statement and sign the FIR, the duty officer signs and stamps a copy and hands it to you. This is your legal right and proof that your complaint is registered.
• Sub-section (3):
  • Simple English: This is a new provision for “medium-seriousness” crimes (punishable with imprisonment of 3 years or more, but less than 7 years). For these cases, the officer in charge may first get permission from a senior officer (not below a Deputy Superintendent of Police – DySP) to conduct a preliminary enquiry.
  • (i) This “preliminary enquiry” is a quick check to see if there is a basic, credible case (prima facie case) and must be completed within 14 days.
  • (ii) If a basic case is obvious from the start, the officer can skip this and proceed directly with the full investigation (as allowed under Section 175).
  • Real-World Example: A person files a complicated FIR alleging “cheating” in a business deal. The Station House Officer (SHO) gets the DySP’s permission to conduct a 14-day preliminary enquiry to check bank statements and contracts. This helps determine if it’s a real criminal case or just a civil dispute before launching a full investigation.
• Sub-section (4):
  • Simple English: This provides the legal steps to take if the officer in charge of a police station refuses to register your FIR.
  • Step 1: You can send your complaint (the “substance” of the information) in writing, by post, to the Superintendent of Police (SP) of that district.
  • Step 2: If the SP is satisfied that the information shows a serious (cognizable) crime, the SP must either investigate the case personally or order a subordinate officer to do so.
  • Step 3 (New Provision): If the SP also fails to take action, the aggrieved person can then make an application directly to the Magistrate.
  • Real-World Example: The local police refuse to file your FIR for an assault. You send a Registered Post A.D. with your complaint to the SP. The SP also does nothing. You can now hire a lawyer and file an application directly with the Judicial Magistrate, who has the power (under Section 175) to order the police to register the FIR and investigate.

Section 174: Information as to non-cognizable cases and investigation of such cases

• Sub-section (1):
  • Simple English: When someone reports a non-cognizable (minor) offence, the police officer must log the information in their official book. Then, the officer must do two things:
  • (i) Refer the informant to the Magistrate (i.e., tell them, “We can’t investigate this; you have to file a private complaint in court”).
  • (ii) Send a fortnightly (every two weeks) report of all such minor cases to the Magistrate.
  • Real-World Example: You go to the police station to complain that your neighbor shouted insults at you (the offence of “defamation,” which is non-cognizable). The officer records your complaint in a logbook, gives you a copy, and instructs you to take this complaint to the local Magistrate’s court if you want to pursue the case.
• Sub-section (2):
  • Simple English: This is a clear rule: A police officer is prohibited from investigating a non-cognizable case unless they get a specific order from a Magistrate who has the power to try that case.
  • Real-World Example: The officer cannot start summoning or questioning your neighbor about the defamation complaint on his own. He must wait for a judge to order him to do so.
• Sub-section (3):
  • Simple English: If the Magistrate does order an investigation (as in the example above), the police officer gets all the normal powers of investigation (like summoning witnesses) except for the power to arrest without a warrant.
  • Real-World Example: The Magistrate, after seeing your complaint, orders the police to investigate. The officer can now formally summon your neighbor for questioning but cannot arrest him.
• Sub-section (4):
  • Simple English: If a single incident involves multiple offences, and at least one of them is cognizable (serious), the entire case is treated as a cognizable case.
  • Real-World Example: A person trespasses into a house (cognizable offence) and also shouts insults (non-cognizable offence). The police can arrest the person without a warrant and investigate both the trespass and the insults, because the case is “cognizable” as a whole.

Section 175: Police officer’s power to investigate cognizable case

• Sub-section (1):
  • Simple English: This is the primary power of the police. An officer in charge of a station can, without a Magistrate’s order, investigate any cognizable case that falls within their local jurisdiction.
  • Proviso: A senior officer (like the Superintendent of Police) can order a more senior officer (like a Deputy SP) to take over the investigation if the case is particularly serious or sensitive.
  • Real-World Example: An FIR for a burglary is filed. The SHO has the immediate and automatic power to start the investigation.
• Sub-section (2):
  • Simple English: An investigation cannot be challenged in court later just because the officer who did it was not technically empowered for that specific area.
  • Real-World Example: An officer from Police Station A investigates a crime that happened just across the road, technically in the area of Police Station B. The accused cannot get the case thrown out later by arguing that the wrong police station investigated it.
• Sub-section (3):
  • Simple English: This connects back to Section 173(4). If the police refuse to register an FIR (and the SP also fails to act), the Magistrate can, after receiving an application from the aggrieved person, order the police to conduct an investigation.
  • Real-World Example: You file an application with the Magistrate because your FIR was refused. The Magistrate reads your application, finds merit in it, and issues a formal order: “To the SHO, Police Station X: You are directed to register an FIR and investigate this matter.”
• Sub-section (4):
  • Simple English: This is a new safeguard for public servants. If a Magistrate receives a complaint against a public servant (like a police officer or a municipal commissioner) for an act done as part of their official job, the Magistrate must first do two things before ordering an investigation:
  • (a) Get a report from the public servant’s superior officer about the facts of the incident.
  • (b) Consider the public servant’s own explanation of the situation.
  • Real-World Example: A person files a private complaint with a Magistrate, accusing a municipal officer of “criminal intimidation” during a demolition drive. Before ordering an investigation, the Magistrate must ask the Municipal Commissioner for a report on the incident and must also hear the officer’s side of the story (e.g., that he was just following a lawful court order).

Section 176: Procedure for investigation

• Sub-section (1):
  • Simple English: As soon as an SHO suspects a cognizable offence has been committed (either from an FIR or other information), they must immediately do two things:
    1. Send a report (the FIR) to the local Magistrate who has jurisdiction.
    2. Go to the crime scene themselves, or send a subordinate officer, to investigate the facts, find evidence, and, if necessary, discover and arrest the offender.
  • Real-World Example: An FIR for a stabbing is registered at 3 PM. The SHO immediately sends a copy to the Magistrate and then races to the crime scene with his team to secure the area and find the weapon.
• Sub-section (1), First Proviso (a):
  • Simple English: This is an exception. If the information is against a specific person by name and the case is not serious, the officer doesn’t have to go to the spot themselves or send a subordinate.
  • Real-World Example: An FIR is filed for a minor, non-violent cheating incident where the accused is named. The officer can start the investigation by issuing a notice from the police station instead of rushing to the “spot” of the transaction.
• Sub-section (1), First Proviso (b):
  • Simple English: This is another exception. If the SHO thinks there is no sufficient ground to even start an investigation, they are not required to investigate.
  • Real-World Example: A person files an FIR claiming their neighbor used “black magic” to make their cow sick. The officer determines this is not a credible criminal complaint and decides there are no sufficient grounds to investigate.
• Sub-section (1), Second Proviso:
  • Simple English: This is a special, mandatory procedure for rape cases. The victim’s statement must be recorded at her residence or a place of her choice. This must be done, as far as possible, by a woman police officer and in the presence of her parents, guardian, a near relative, or a local social worker. This statement can also be recorded using audio-video means.
  • Real-World Example: A rape victim informs the police she is at a safe house. A woman sub-inspector goes to the safe house, along with a female social worker, to gently record the victim’s detailed statement. The entire interview is recorded on a police video camera.
• Sub-section (2):
  • Simple English: If the officer uses one of the exceptions in the first proviso (i.e., not going to the spot, or deciding not to investigate), they must write down their reasons in their report. If they decide not to investigate (Proviso b), they must also immediately inform the person who filed the FIR.
  • Real-World Example: The officer who received the “black magic” complaint (Proviso b) writes in the case diary: “Complaint is frivolous and does not disclose a cognizable offence.” He then sends a formal letter to the informant stating that the police will not be investigating the matter.
• Sub-section (3):
  • Simple English: This is a major new mandatory rule. For all offences that are punishable with 7 years of imprisonment or more, the police must call a forensic expert to the crime scene to collect forensic evidence (e.g., fingerprints, DNA, blood samples). The police must also videograph the entire process of collecting evidence at the crime scene, preferably on a mobile phone or other electronic device.
  • Proviso: If a state doesn’t have its own forensic lab for a specific test (e.g., DNA), it must have a system to use the facility of another state.
  • Real-World Example: In every case of house-breaking, robbery, or attempt to murder, the investigating officer must call the forensic team to the spot to lift fingerprints and gather trace evidence. The officer will also use their phone to record a video of the forensic team at work, showing where and how each piece of evidence was found and sealed.

Section 177: Report how submitted

• Sub-section (1):
  • Simple English: The State Government can make a rule that the initial report (the FIR) sent to the Magistrate (under Sec 176) must first be sent through a designated superior police officer (like a DySP or SP).
  • Real-World Example: In many cities, the rule is that all FIRs for serious crimes must be forwarded to the Magistrate “through” the Assistant Commissioner of Police (ACP).
• Sub-section (2):
  • Simple English: This superior officer can review the report, add their own instructions (e.g., “Check CCTV footage,” “Add this section of law”), and then must send it to the Magistrate without delay.
  • Real-World Example: The ACP reviews the FIR, writes “Assign this case to the elite anti-robbery squad” in the margin, signs it, and sends the file to the Magistrate’s court.

Section 178: Power to hold investigation or preliminary inquiry

• Simple English: When the Magistrate receives the initial report (FIR) from the police, they are not just a passive recipient. They can:
  1. Order the police to investigate (if they aren’t already).
  2. Decide to conduct a “preliminary inquiry” themselves (e.g., call the informant to their court and question them).
  3. Order a subordinate Magistrate to conduct the inquiry.
• Real-World Example: A Magistrate receives an FIR that seems vague. The Magistrate is not satisfied and issues an order directing the police to report back within 3 days. Or, the Magistrate could hold the case and issue a summons for the informant to appear in court to clarify the complaint.

Section 179: Police officer’s power to require attendance of witnesses

• Sub-section (1):
  • Simple English: A police officer investigating a case can issue a written order (a “notice”) forcing any person to come to the police station for questioning, if that person is within the limits of their own police station or an adjoining one and seems to know facts about the case. The person receiving this notice must attend.
  • Real-World Example: An officer is investigating a theft. He issues a written notice under Sec 179 to a security guard who was on duty nearby, ordering him to come to the police station at 11 AM tomorrow for questioning.
• Sub-section (1), First Proviso:
  • Simple English: This is a critical protection. The police cannot force the following people to come to the police station:
    • Any male under 15 years or above 65 years.
    • Any woman.
    • Any mentally or physically disabled person.
    • Any person with an acute illness.
  • For this protected group, the police officer must go to the place where that person resides to question them.
  • Real-World Example: An officer needs to question a 70-year-old man or a woman who was a witness. The officer cannot send them a notice to come to the station. The officer must go to their home to take their statement.
• Sub-section (1), Second Proviso:
  • Simple English: If a person from this protected group (like a woman) is willing to go to the police station (e.g., it’s more convenient for her), she is allowed to do so.
  • Real-World Example: A woman who is a witness works in an office and finds it easier to stop by the police station on her way home. She can voluntarily go there to give her statement.
• Sub-section (2):
  • Simple English: The State Government can make rules for police to pay the “reasonable expenses” (like bus fare) for any witness who is required to attend questioning at a place other than their home.
  • Real-World Example: A witness from a poor neighborhood is summoned to the police station, which is 10 km away. The State Government rules may provide for the police officer to give them ₹50 for their travel expenses.

Section 180: Examination of witnesses by police

• Sub-section (1):
  • Simple English: An investigating police officer can orally question anyone who they suppose is “acquainted with the facts” of the case.
  • Real-World Example: The officer goes to the crime scene and questions the neighbors, “What did you see? What did you hear?” This is the start of the examination.
• Sub-section (2):
  • Simple English: A person being questioned by the police must “answer truly” all questions related to the case.
  • The Exception: You have the right to remain silent only for questions where the answer would tend to “expose him to a criminal charge” (i.e., you would be admitting you committed a crime) or a penalty/forfeiture.
  • Real-World Example: A witness is asked, “What time did you see the accused leave?” He must answer this truthfully. But if he is asked, “Did you help him hide the weapon?” he can refuse to answer, as that answer would incriminate him in the crime.
• Sub-section (3):
  • Simple English: The police officer may write down the statement given by the witness (this is known as a “180 statement”). If they do, they must make a separate and true record for each witness.
  • Real-World Example: The officer writes down, “Statement of witness Ram…” and types everything Ram said. Then, he starts a new page for “Statement of witness Sita…”
• Sub-section (3), First Proviso:
  • Simple English: This new provision states that these witness statements can also be recorded by “audio-video electronic means.”
  • Real-World Example: An officer uses a mobile phone or a video camera to record the entire interview with a key witness. This video file is now the official witness statement.
• Sub-section (3), Second Proviso:
  • Simple English: This is another mandatory protection. If the witness is a woman reporting sexual violence (the same list of BNS sections), her statement must be recorded by a woman police officer or any woman officer.
  • Real-World Example: During an investigation into a sexual harassment case, a woman police officer is assigned to take the statements of the victim and all her female colleagues who were witnesses.

Section 181: Statements to police and use thereof

This section explains the legal value (or lack thereof) of statements given to a police officer during an investigation (under Section 180).

• Sub-section (1):
  • Simple English: A statement made by any person (witness or accused) to a police officer, if written down, must not be signed by the person who made it.
  • Furthermore, this statement or any record of it (like in a police diary) cannot be used as the primary evidence in any inquiry or trial.
  • Real-World Example: You are a witness to a robbery and tell the police everything. The officer types it up. You do not sign this statement. In court, the prosecutor cannot just show this statement to the judge and say, “Here is the evidence.” You must come to court and testify in person.
• Sub-section (1), Proviso:
  • Simple English: This is the only way these statements can be used.
    1. By the Accused (Defense): The accused person’s lawyer has the right to use your police statement to contradict what you say in court.
    2. By the Prosecution: The prosecutor can also use the statement to contradict you (if you change your story and become a “hostile witness”), but only with the Court’s permission.
    3. For Re-examination: If a lawyer uses one part of your police statement to contradict you, the other side’s lawyer can then use other parts of that same statement to clarify the point (“re-examination”).
  • Real-World Example:
    1. You tell the police you saw a “red car.” In court, you testify it was a “blue car.”
    2. The defense lawyer will show the judge your police statement and ask, “Is it true that you told the police it was a red car? Why are you changing your story now?” This is “contradicting the witness.”
• Sub-section (2):
  • Simple English: This rule does not apply to two special types of statements (which are defined in the Bharatiya Sakshya Adhiniyam – the new Evidence Act):
    1. A “Dying Declaration” (Sec 26(a) of BSA): If a person gives a statement to police while believing they are about to die, that statement can be used as evidence.
    2. A “Statement Leading to Discovery” (Sec 23 of BSA): If an accused in custody tells the police, “I hid the weapon under the bridge,” and the police find the weapon, that part of the statement (“I hid the weapon…”) can be used as evidence.
  • Real-World Example: A man, just before dying, tells a police officer, “Raju stabbed me.” This statement, even though made to police, is admissible in court as evidence against Raju.
• Explanation:
  • Simple English: This is a new clarification. It states that an “omission” (failing to mention a key fact) in your police statement can also be used as a contradiction if it’s significant.
  • Real-World Example: In court, you testify that you saw the accused with a gun. The defense lawyer points out that in your detailed statement to the police, you described the whole fight but never mentioned a gun. The lawyer will argue that this “omission” proves you are making up the story about the gun later.

Section 182: No inducement to be offered

• Sub-section (1):
  • Simple English: Police officers (or anyone in authority) are forbidden from offering any inducement, threat, or promise to an accused person to get a confession. (This is linked to Section 22 of the Bharatiya Sakshya Adhiniyam).
  • Real-World Example: A police officer cannot say, “Just confess, and I’ll make sure you get a lighter sentence,” or “If you don’t confess, we’ll arrest your brother.” This is illegal.
• Sub-section (2):
  • Simple English: At the same time, police cannot prevent a person from making a statement of their own free will (e.g., by telling them, “You should stay quiet”).
  • Proviso: This rule doesn’t interfere with the formal procedure for recording a confession before a Magistrate (under Section 183), where the Magistrate must give a warning.

Section 183: Recording of confessions and statements

This is a critical section that provides a safe and reliable method for recording a person’s confession or a key witness’s statement.

• Sub-section (1):
  • Simple English: A Judicial Magistrate can record a person’s confession or statement at any time after an investigation has begun but before the inquiry or trial starts. This Magistrate doesn’t even need to have jurisdiction over the case.
  • Real-World Example: A person arrested in Delhi for a crime in Mumbai wants to confess. The Delhi Police can take him to a local Delhi Magistrate to record the confession.
• Sub-section (1), First Proviso:
  • Simple English: This is a new provision. A confession or statement can be recorded using audio-video means (like a video camera), but it must be done in the presence of the accused person’s lawyer.
  • Real-World Example: The Magistrate sets up a video camera. The accused, their lawyer, and the Magistrate are all present. The Magistrate then records the entire confession.
• Sub-section (1), Second Proviso:
  • Simple English: A police officer cannot record a confession, even if they have been given some powers of a Magistrate (which can happen under other laws).
  • Real-World Example: A police commissioner who has been given “Magistrate powers” for administrative tasks is still forbidden from recording a confession.
• Sub-section (2):
  • Simple English: This is the Magistrate’s Warning. Before recording a confession, the Magistrate must explain to the person:
    1. “You are not bound (not required) to make a confession.”
    2. “If you do confess, it will be used as evidence against you.”
  • The Magistrate cannot record the confession unless they are personally satisfied the person is confessing 100% voluntarily.
  • Real-World Example: The Magistrate will first ask the police to leave the room, ask the accused if they were threatened or beaten, and then give the warning. This ensures the confession is not forced.
• Sub-section (3):
  • Simple English: If the person, at any time before the confession is recorded, says they are “not willing” to confess, the Magistrate must stop immediately.
  • Crucial Part: The Magistrate cannot then order the person to be detained in police custody. This prevents police from getting another chance to pressure the person.
  • Real-World Example: The accused is brought to the Magistrate and says, “I’ve changed my mind, I don’t want to say anything.” The Magistrate must not record the confession and must send the accused to judicial custody (jail), not back to the police station.
• Sub-section (4):
  • Simple English: The confession must be recorded in a specific question-and-answer format. It must be signed by the person confessing. The Magistrate then adds a special certificate at the end, confirming that all rules were followed, the warning was given, and the confession was voluntary.
  • Real-World Example: The certificate will read like: “I (Magistrate A.B.) have explained to (accused’s name) that he is not bound to confess… I believe this confession was voluntarily made…”
• Sub-section (5):
  • Simple English: If the Magistrate is recording a witness statement (not a confession), it’s recorded like regular court evidence, and the witness must take an oath to tell the truth.
  • Real-World Example: A key witness in a murder case is afraid of the accused. The police can get their statement recorded before a Magistrate under oath. This is called a “Section 183 statement” (or “164 statement” in the old law) and is very strong evidence.
• Sub-section (6) (a):
  • Simple English: This is a mandatory rule for cases of sexual violence. As soon as the crime is reported, the police must get the victim’s statement recorded by a Magistrate.
  • Provisos:
    1. This statement must be recorded by a woman Magistrate if one is available.
    2. If the victim has a mental or physical disability, the Magistrate must use an interpreter or special educator.
    3. The statement of a person with a disability must be recorded using audio-video electronic means (like a video camera).
  • Real-World Example: After a rape FIR is filed, the first priority for the police is to take the victim to a woman Magistrate to have her statement recorded under this section.
• Sub-section (6) (b):
  • Simple English: This makes the video-recorded statement of a disabled victim (from the proviso above) incredibly powerful. It is automatically considered their primary evidence-in-chief, meaning they don’t have to give the same statement again in court. The defense lawyer can directly cross-examine them based on the video.
  • Real-World Example: The video-recorded statement of a disabled victim is played in the courtroom. This serves as her main testimony. The defense lawyer then begins his cross-examination.
• Sub-section (7):
  • Simple English: After recording the confession or statement, the Magistrate sends the sealed document to the Magistrate who will be trying the case.
  • Real-World Example: The Delhi Magistrate records the confession for the Mumbai crime and forwards the sealed envelope to the concerned court in Mumbai.

Section 184: Medical examination of victim of rape

• Sub-section (1):
  • Simple English: When investigating rape, the victim must be sent for a medical exam. This must be done by a government doctor (or a private one if no govt. doctor is available).
  • Simple English (Consent): The exam can only be done with the victim’s consent (or their guardian’s if they can’t consent).
  • Simple English (Timeline): The victim must be sent for the exam within 24 hours of the FIR.
  • Real-World Example: A woman reports a rape at 8 PM. The police must ensure she is taken to a government hospital for a medical-legal examination (MLC) before 8 PM the next day.
• Sub-section (2):
  • Simple English: The doctor must write a detailed report, including (i) names, (ii) age, (iii) DNA material taken, (iv) injuries, (v) mental condition, (vi) other details.
  • Real-World Example: The doctor’s report will list: “Patient’s name…, brought by Constable X… age approx 25… swabs taken for DNA profiling… bruises found on left arm…”
• Sub-section (3):
  • Simple English: The report must state the reasons for the doctor’s conclusions.
  • Real-World Example: Instead of just “sexual assault,” the doctor will write, “Findings are consistent with recent sexual intercourse, and the injuries on the arm are consistent with forceful restraint.”
• Sub-section (4):
  • Simple English: The report must explicitly state that consent was obtained.
  • Real-World Example: The report will have a line: “The patient gave her consent for this examination.”
• Sub-section (5):
  • Simple English: The report must note the exact start and end time of the exam.
  • Real-World Example: “Examination started at 10:15 PM, completed at 11:00 PM.” This is crucial for establishing the timeline of evidence.
• Sub-section (6):
  • Simple English: The doctor must send the report to the Investigating Officer (IO) within 7 days. The IO then sends it to the Magistrate as part of the chargesheet.
• Sub-section (7):
  • Simple English: This re-states the main rule: No consent means no examination.
• Explanation:
  • Simple English: Clarifies that “examination” includes modern techniques like DNA profiling, and “registered medical practitioner” is a doctor recognized under the National Medical Commission Act.

Section 185: Search by police officer

This section allows police to conduct a search without a search warrant in urgent situations.

• Sub-section (1):
  • Simple English: An SHO or Investigating Officer (IO) can search a place without a search warrant if all three conditions are met:
    • They have “reasonable grounds” to believe that evidence (e.g., a weapon, stolen goods) is in that place.
    • The place is within their own station limits.
    • They believe the evidence will be lost or destroyed if they take the time to go to a Magistrate and get a warrant.
  • Mandatory Step: Before conducting the search, the officer must write down their reasons and what they are searching for in the Case Diary.
  • Real-World Example: An IO gets a tip that stolen diamonds are at a pawn shop, and the shopkeeper is about to melt them down right now. The IO doesn’t have time to get a warrant. He writes his reasons in the case diary and immediately goes to search the shop.
• Sub-section (2):
  • Simple English: The officer should, if practical, conduct the search in person.
  • Proviso (New): This is a new mandatory rule. The entire search process must be recorded using audio-video electronic means (e.g., a mobile phone).
  • Real-World Example: The IO and his team enter the pawn shop. One officer’s primary job is to record a video of the entire search, showing where the diamonds were found.
• Sub-section (3):
  • Simple English: If the IO cannot go himself (and no other competent officer is available), he can send a subordinate officer. He must give this subordinate a written “authorization” (an authority letter) specifying the place to search and the thing to search for.
  • Real-World Example: The IO is in court but gets the tip. He writes an order: “To SI Sharma: You are authorized to search 123 Main St. for stolen diamonds.” SI Sharma can then conduct the search.
• Sub-section (4):
  • Simple English: All other rules for a regular search (from Section 103) must be followed. This includes:
    • Calling two independent, local witnesses.
    • Making a list (panchnama) of everything seized, which the witnesses must sign.
  • Real-World Example: Before searching the pawn shop, the IO asks two neighboring shopkeepers to come and “witness” the search.
• Sub-section (5):
  • Simple English: The officer must send a copy of the written reasons for the search (which he recorded in the case diary) to the nearest Magistrate within 48 hours. The owner of the place searched can also get a copy of these reasons from the Magistrate for free.

Section 186: When officer in charge of police station may require another to issue search-warrant

This section (mislabeled in the Act’s title) is about police searching in another police station’s territory.

• Sub-section (1):
  • Simple English: An IO from Police Station A can send a formal request to the SHO of Police Station B, asking him to conduct a search in his (Station B’s) area.
  • Real-World Example: An IO in Delhi is tracking a stolen phone. He finds it’s in a house in Noida. He can send a request to the SHO of the Noida police station to search the house.
• Sub-section (2):
  • Simple English: The SHO of Station B, upon receiving the request, must follow the search procedure (Section 185) and send any evidence found back to the IO at Station A.
  • Real-World Example: The Noida SHO conducts the search, finds the stolen phone, and sends it with a report to the Delhi IO.
• Sub-section (3):
  • Simple English: This is the urgent exception. If the IO from Station A believes that taking the time to request Station B to act will result in the evidence being destroyed, the IO from Station A can go and conduct the search in Station B’s territory himself.
  • Real-World Example: The Delhi IO gets a tip that the stolen phone is about to be destroyed. He doesn’t have time to coordinate with Noida police. His team can legally cross into Noida and conduct the search themselves.
• Sub-section (4):
  • Simple English: If an officer conducts a search in another’s territory (under sub-section 3), they must immediately send a notice of the search (and a copy of the seizure list) to the SHO of that station and to the local Magistrate.
  • Real-World Example: After the search, the Delhi IO immediately sends a copy of the seizure list to the Noida SHO and the Noida Magistrate, informing them a search was conducted in their jurisdiction.
• Sub-section (5):
  • Simple English: The owner of the place searched can get a copy of the records from the Magistrate.

Section 187: Procedure when investigation cannot be completed in twenty-four hours

This is one of the most important sections in the BNSS, governing police custody (“remand”) and the 60/90 day “default bail” period.

• Sub-section (1):
  • Simple English: An arrested person must be produced before a Magistrate within 24 hours (as per Sec 58). If the investigation isn’t finished and police believe the person is guilty, the officer must send the accused to the nearest Magistrate, along with a copy of the case diary.
  • Real-World Example: A person is arrested at 10 AM on Monday. The police must produce him before a Magistrate by 10 AM on Tuesday.
• Sub-section (2):
  • Simple English: The Magistrate (even one who doesn’t have jurisdiction over the case) can authorize the accused’s detention. This is “police custody” (remand).
  • Timeline: This police custody can be for a maximum of 15 days in total (in the entire case).
  • New Rule: This 15-day police custody can be taken in parts, anytime during the initial 40 days (for 60-day cases) or 60 days (for 90-day cases).
  • Real-World Example (New Rule): Police arrest an accused. The Magistrate gives 5 days of police custody. The accused is then sent to jail (judicial custody). 20 days later, police find a new lead and need to question him again. They can go back to the Magistrate and ask for another 5 days of police custody, as long as the total (5+5) doesn’t exceed 15 days.
• Sub-section (3):
  • Simple English: After the 15 days of police custody are up, the Magistrate can authorize further detention in judicial custody (jail).
  • Total Detention Period: The total time a person can be detained before the chargesheet is filed is:
    • (i) 90 days: For very serious crimes (punishable with death, life, or 10+ years imprisonment).
    • (ii) 60 days: For all other offences.
  • Default Bail: If the police fail to file their chargesheet within that 60 or 90 days, the accused person gets an automatic right to be released on bail.
  • Real-World Example: A person is arrested for robbery (a 90-day case). The police investigate for 90 days. On the 91st day, if the police have not filed the chargesheet, the accused can file an application for “default bail,” and the court must grant it.
• Sub-section (4):
  • Simple English: For the first remand to police custody, the accused must be physically produced in court. For later remands to judicial custody, the accused can be produced via video conferencing.
  • Real-World Example: The accused is physically brought to court on Day 1. On Day 15, he is produced on a video call from the jail, and the Magistrate extends his judicial custody.
• Sub-section (5):
  • Simple English: A Magistrate of the second class (a junior judge) cannot authorize police custody unless the High Court has given them special permission.
• Explanation I:
  • Simple English: “Default bail” is a right, but it’s not automatic. The accused still has to furnish the bail bond (sign the papers and/or provide a surety). If they refuse or are unable to do so, they will remain in custody.
• Explanation II:
  • Simple English: Proof that the accused was produced in court can be their signature on the order or the Magistrate’s certificate that they were produced via video.
  • Proviso 1: A girl under 18 must be sent to a remand home or social institution, not a jail.
  • Proviso 2: Detention must be in an official place (police station, jail).
• Sub-section (6):
  • Simple English: If a Judicial Magistrate is not available (e.g., in a remote area on a holiday), the police can produce the accused before an Executive Magistrate (like a Tehsildar or DM).
  • EM’s Power: The EM can only authorize detention for a maximum of 7 days (in total) and only in judicial custody (jail). The EM must forward the case to a Judicial Magistrate before the 7 days are up.
  • Real-World Example: Police arrest someone on Saturday night in a remote area. The Judicial Magistrate is unavailable. They produce the accused before the local Tehsildar (EM), who orders them to be sent to jail (judicial custody) until the following Wednesday.
• Sub-section (7):
  • Simple English: A Magistrate must write down their specific reasons for granting police custody (as opposed to judicial custody).
  • Real-World Example: The Magistrate writes, “Police custody is granted for 5 days to recover the murder weapon, as stated in the police application.”
• Sub-section (8):
  • Simple English: Any Magistrate (other than the CJM) who grants remand must send a copy of their order and reasons to the CJM (their boss).
• Sub-section (9):
  • Simple English: For summons-cases (minor offences), if the investigation isn’t finished in 6 months from the date of arrest, the Magistrate must stop the investigation.
  • Exception: The investigation can continue if the IO satisfies the Magistrate that it’s in the “interest of justice” (e.g., the accused was absconding).
  • Real-World Example: A person is arrested for a minor offence. 6 months pass, and the police have not filed a chargesheet. The Magistrate issues an order “stopping” the investigation.
• Sub-section (10):
  • Simple English: If a Magistrate has stopped an investigation (under sub-section 9), the Sessions Judge can overrule that decision (on an application) and order the investigation to continue.

Section 188: Report of investigation by subordinate police officer

• Simple English: If a subordinate officer (like a Sub-Inspector or Constable) is assigned to do any part of an investigation, they must report their findings back to their boss, the SHO (officer in charge of the station).
• Real-World Example: The SHO tells a Sub-Inspector, “Go and interview the witnesses at the market.” The SI goes, interviews them, and then comes back and submits a written report of his findings to the SHO, who adds it to the main case diary.

Section 189: Release of accused when evidence deficient

This is the legal basis for a “Closure Report.”

• Simple English: If, after completing the investigation, the SHO finds there is not enough evidence or “reasonable suspicion” to justify sending the accused to trial, the officer must release the accused (if they are in custody).
• Bond: The accused must sign a “bond” (personal recognizance) or “bail bond” (with a surety). This bond is a promise to appear in court in the future if the Magistrate disagrees with the police and decides to summon them.
• Real-World Example: Police investigate a theft FIR. After 30 days, they find the complaint was a misunderstanding and there is no evidence the accused committed any crime. They file a “Closure Report” (or “B-Summary”) with the Magistrate and release the accused from custody after taking a personal bond from him.

Section 190: Cases to be sent to Magistrate, when evidence is sufficient

This is the legal basis for the “Chargesheet.”

• Sub-section (1):
  • Simple English: If, after the investigation, the SHO finds there is sufficient evidence or reasonable suspicion, the officer must forward the accused to the Magistrate (if in custody) to face trial.
  • If on Bail: If the accused is already on bail, the officer just takes a new security bond to ensure they show up in court on the fixed date.
  • Real-World Example: The police finish their investigation and have strong evidence (CCTV footage, witness statements). They file a “Chargesheet” (Police Report) with the Magistrate and produce the arrested accused in court.
• Sub-section (1), Proviso:
  • Simple English: This is a new rule. If the accused was never arrested (e.g., the crime was minor, or they cooperated), the police just take a security bond from them for their court appearance. The Magistrate cannot refuse to accept the chargesheet just because the accused was not arrested and brought in custody.
  • Real-World Example: In a complex cheating case, the accused cooperated fully and was never arrested. The police file the chargesheet and attach a bond signed by the accused promising to appear in court on March 1st. The Magistrate must accept the chargesheet.
• Sub-section (2):
  • Simple English: When the officer sends the chargesheet, they must also:
    1. Send any weapons or articles of evidence to the Magistrate.
    2. Require the complainant and key witnesses to sign bonds, promising they will appear in court to testify when called.
  • Real-World Example: Along with the chargesheet, the police deposit the seized weapon (a knife) and the stolen property (a laptop) with the court. They also attach bonds signed by the victim and two eyewitnesses.
• Sub-section (3):
  • Simple English: If the witness bond just says “appear before the Chief Judicial Magistrate (CJM),” it automatically includes any other Magistrate court the CJM might transfer the case to.
  • Real-World Example: You sign a bond to appear before the CJM. The CJM transfers the case to “Magistrate Court No. 5.” Your bond is still valid for that court.
• Sub-section (4):
  • Simple English: The officer gives a copy of the witness bond to one of the witnesses and sends the original to the Magistrate along with the chargesheet.

Section 191: Complainant and witnesses not to be required to accompany police officer and not to be subject to restraint

• Simple English: A police officer cannot force a complainant or a witness to go with them to the police station. They also cannot be subjected to any unnecessary restraint or inconvenience. The only thing an officer can require from them is a bond (a written promise) that they will show up in court.
• Proviso: If a complainant or witness refuses to attend court or refuses to sign the bond (as required by Section 190), then the officer has the authority to take them into custody and bring them before the Magistrate. The Magistrate can then detain them until they sign the bond or until the hearing is over.
• Real-World Example: An officer serves you a notice to be a witness. You must sign a bond promising to appear in court. The officer cannot say, “Get in the police jeep, you have to come to the station with me right now.” However, if you tear up the bond and say, “I refuse to sign this and I will not go to court,” the officer can then arrest you and take you to the Magistrate.

Section 192: Diary of proceedings in investigation (The Case Diary)

• Sub-section (1):
  • Simple English: Every investigating officer must maintain a daily log, known as the “Case Diary.” This diary must record:
    • The time the information reached them.
    • The time they began and closed their investigation for the day.
    • The places they visited.
    • A summary of the facts and circumstances they discovered during the investigation.
• Real-World Example: The IO’s case diary for Tuesday might read: “10:00 AM: Received tip about accused’s location. 11:00 AM: Visited 123 Main St., place was locked. 12:00 PM: Interviewed neighbor, Mr. Gupta. 2:00 PM: Returned to station. 3:00 PM: Closed investigation for the day.”
• Sub-section (2):
  • Simple English: The witness statements recorded by the police (under Section 180) must be included in the case diary.
  • Real-World Example: After the entry “12:00 PM: Interviewed neighbor, Mr. Gupta,” the full typed statement of Mr. Gupta would be inserted into the diary.
• Sub-section (3):
  • Simple English: The case diary must be a physical, bound volume with page numbers. This prevents pages from be-ing torn out or added later.
• Sub-section (4):
  • Simple English: A Criminal Court can ask for the case diary during an inquiry or trial. The judge can use it to “aid” their understanding of the case (e.g., to see what the officer did and when).
  • Crucial Point: The diary is not evidence itself. The judge cannot convict someone based on what’s written in the diary.
  • Real-World Example: The judge is confused about a delay. They look at the case diary to see when the officer first visited the crime scene.
• Sub-section (5):
  • Simple English: The accused person (or their lawyer) is not allowed to see the case diary.
  • The Exception: If the police officer uses the diary in the witness box to refresh their memory, or if the court uses it to contradict the officer (as per the Evidence Act), then the accused’s lawyer gets to see only that specific part of the diary.
  • Real-World Example: The police officer, while testifying, says, “I don’t remember the exact time.” He asks the judge, “May I see my case diary to refresh my memory?” He looks at the diary and says, “It was 10:00 AM.” Now, the defense lawyer has the right to look at that 10:00 AM entry to make sure the officer is telling the truth.

Section 193: Report of police officer on completion of investigation (The Final Report / Chargesheet)

• Sub-section (1):
  • Simple English: Every investigation must be completed “without unnecessary delay.”
• Sub-section (2):
  • Simple English: This is a new, mandatory timeline. An investigation for rape or child sexual assault must be completed within two months from the date the FIR was recorded.
  • Real-World Example: An FIR for rape is filed on January 1st. The police must file their final report (chargesheet) with the court by March 1st.
• Sub-section (3):
  • (i) Simple English: This is the “Final Report” or “Chargesheet.” As soon as the investigation is done, the SHO must send this report to the Magistrate (including electronically). The report must state:
    • (a) Names of the parties.
    • (b) Nature of the information (the FIR).
    • (c) Names of all witnesses.
    • (d) Whether a crime appears to have been committed, and if so, by whom.
    • (e) Whether the accused has been arrested.
    • (f) Whether the accused has been released on bond.
    • (g) Whether the accused is being sent to the court in custody.
    • (h) Whether the rape victim’s medical report is attached (if applicable).
    • (i) (New) The “sequence of custody” for any electronic device (e.g., “Phone seized from accused, sealed in bag X, sent to forensic lab, received back…”).
  • (ii) Simple English: (New) The police officer must inform the informant or victim about the progress of the investigation within 90 days.
  • (iii) Simple English: The officer must also officially communicate the final action taken (i.e., whether they filed a chargesheet or a closure report) to the informant.
  • Real-World Example: After investigating, police file a chargesheet (the Sec 193 report) with the court. They also send a letter to the victim stating, “A chargesheet has been filed against accused Ram under Section 302 BNS. The case number is…”
• Sub-section (4):
  • Simple English: If the report is submitted through a superior officer (like an ACP), that officer can review it and, if they find the investigation lacking, can order the SHO to conduct “further investigation” before the report goes to the Magistrate.
  • Real-World Example: The SHO files a chargesheet for theft. The ACP reviews it and says, “You didn’t check the CCTV footage. Do ‘further investigation’ and add that to the report.”
• Sub-section (5):
  • Simple English: If the police report is a “Closure Report” (stating the accused was released on bond, as in Sec 189), the Magistrate will read the report and can then “discharge” the bond, freeing the person from their obligation to appear.
  • Real-World Example: The Magistrate agrees with the Closure Report, finds no crime was committed, and issues an order: “The bond executed by Mr. A is hereby discharged.”
• Sub-section (6):
  • Simple English: When filing a chargesheet (to prosecute the accused), the police must attach:
    • (a) All documents they plan to use as evidence.
    • (b) The written statements (Sec 180 statements) of all prosecution witnesses.
  • Real-World Example: The chargesheet for a murder case will be a thick file. It will have the main report, plus attachments like the post-mortem report, the forensic lab report, and the written statements of all 10 witnesses.
• Sub-section (7):
  • Simple English: If the police officer thinks one part of a witness statement is not relevant or is too sensitive (against public interest) to show the accused, they can write a note to the Magistrate asking to hold back that specific part.
  • Real-World Example: A witness statement mentions the name of a secret police informant. The officer will highlight this part and ask the Magistrate to not give that name to the accused, as it would endanger the informant’s life.
• Sub-section (8):
  • Simple English: The police must provide enough copies of the chargesheet and all documents for the Magistrate to give to the accused (as required by Section 230).
  • Proviso: Sending these copies in electronic form (like a PDF on a pen drive) counts as proper service.
• Sub-section (9):
  • Simple English: This is the power of “Further Investigation.” Even after filing the chargesheet, if the police get new evidence (oral or documentary), they can continue to investigate. They must then file a “further report” (a supplementary chargesheet) with the Magistrate.
  • Proviso (New): If the trial has already started, the police must get the court’s permission to conduct further investigation, and it must be completed within 90 days (which can be extended by the court).
  • Real-World Example: A month after the chargesheet for murder is filed, the police find the murder weapon. They can conduct “further investigation,” get a report on the weapon, and file a “supplementary chargesheet” with the new evidence.

Section 194: Police to enquire and report on suicide, etc. (Inquest)

• Sub-section (1):
  • Simple English: This section deals with “inquests.” When an officer receives information that a person has:
    • Committed suicide,
    • Been killed by another person,
    • Been killed by an animal,
    • Been killed by machinery or an accident, OR
    • Died under any suspicious circumstances,
  • the officer must immediately inform the nearest Executive Magistrate. The officer must then go to the place where the body is, and, in the presence of two or more respectable local inhabitants, make an “inquest report.”
  • Inquest Report details: This report must describe the apparent cause of death, any wounds/injuries on the body, and how (or with what weapon) the marks seem to have been inflicted.
  • Real-World Example: A body is found in a field. The police SHO is called. He calls the local Tehsildar (Executive Magistrate) to inform him. He then goes to the field, calls two local shopkeepers to be witnesses, and, in their presence, examines the body. He writes the inquest report: “Body of male, approx 40 years… ligature mark on neck… no other injuries… appears to be suicide by hanging.”
• Sub-section (2):
  • Simple English: The police officer and the witnesses must sign the inquest report. It must be sent to the District Magistrate (DM) or Sub-divisional Magistrate (SDM) within 24 hours.
• Sub-section (3):
  • Simple English: This section details when a post-mortem (autopsy) is mandatory. The police must send the body to a Civil Surgeon (government doctor) for a post-mortem if:
    • (i) The case is a woman committing suicide within 7 years of marriage.
    • (ii) The case is a woman dying in any suspicious circumstances within 7 years of marriage.
    • (iii) A relative of the woman in such a case requests it.
    • (iv) There is any doubt about the cause of death.
    • (v) The police officer, for any other reason, thinks it is necessary.
  • Real-World Example: A 25-year-old woman, married for 3 years, dies in what appears to be a kitchen fire. Because she died in suspicious circumstances within 7 years of marriage, the police must send the body for a post-mortem to rule out foul play, even if her in-laws say it was just an accident.
• Sub-section (4):
  • Simple English: This clarifies which Magistrates are empowered to hold inquests: The DM, the SDM, or any other Executive Magistrate empowered by the State Government.

Section 195: Power to summon persons (for an Inquest)

• Sub-section (1):
  • Simple English: The police officer conducting the inquest (under Sec 194) can issue a written order to summon the required witnesses (the two locals) and anyone else who seems to know the facts. These people must attend and answer truthfully.
  • Exception: They don’t have to answer questions that would incriminate them in a crime.
  • Provisos: This section includes the same protections as Section 179. Women, males under 15 or over 65, and disabled/ill persons cannot be forced to come to the “spot” or station. The officer must go to their residence to question them (unless they are willing to come).
• Sub-section (2):
  • Simple English: If the inquest and investigation find that no serious (cognizable) crime was committed (e.g., it was a clear-cut natural death), the police officer cannot force the witnesses to go to the Magistrate’s court.

Section 196: Inquiry by Magistrate into cause of death (Magisterial Inquest)

• Sub-section (1):
  • Simple English: This section gives Magistrates the power to conduct their own inquest.
  • Mandatory (“shall”): In cases involving the death of a woman within 7 years of marriage (dowry death cases, etc.), the Magistrate must hold an inquiry.
  • Discretionary (“may”): In any other inquest case (suicide, accident, etc.), the Magistrate may hold an inquiry, either instead of or in addition to the police inquest.
  • Real-World Example: In a suspected dowry death, both the police (under Sec 194) and the local Magistrate (under Sec 196) will conduct parallel inquiries into the cause of death.
• Sub-section (2):
  • Simple English: This is a mandatory safeguard for deaths in custody. A Magisterial inquiry is compulsory in every case of:
    • (a) Death or disappearance of a person, OR
    • (b) Rape alleged to have been committed on a woman,
  • …while that person is in the custody of the police or any other custody (like judicial custody in a jail).
  • Real-World Example: A prisoner dies in jail. The police will investigate, but this section makes it compulsory for a Judicial Magistrate to also conduct a separate, independent inquiry into the cause of death to check for foul play or negligence by jail staff.
• Sub-section (3):
  • Simple English: The Magistrate holding this inquiry must record the evidence they take.
• Sub-section (4):
  • Simple English: The Magistrate has the power to order a body to be “disinterred” (exhumed or dug up from a grave) to be examined if it’s necessary to find the cause of death.
  • Real-World Example: A person is quickly buried, but a week later, a relative alleges they were poisoned. The Magistrate can order the body to be exhumed so a post-mortem and toxicology test can be performed.
• Sub-section (5):
  • Simple English: When a Magistrate holds an inquest, they must inform the known relatives of the deceased and allow them to be present during the inquiry.
• Sub-section (6):
  • Simple English: In a custody death (or rape) case, the body must be sent for a post-mortem within 24 hours of the death, unless it’s impossible (e.g., body found 3 days later).
• Explanation:
  • Simple English: Defines “relative” for this section as parents, children, brothers, sisters, and spouse.