Table of Contents

 Introduction
 Reformation of Investigation System under Bharatiya Nagarik
Suraksha Sanhita (BNSS)
 Information Given to the Police Officer Concerning Cognizable and
NonCognizable Offences
 Electronic Communication
 Copy to Informant or Victim
 Preliminary Inquiry
 Handling Non-Cognizable Offences
 Procedure for Conducting an Investigation
 Development of Investigation
 Procedure When Investigation Cannot Be Completed in 24 Hours
 Conclusion

Introduction
The enactment of the Bharatiya Nagarik Suraksha Sanhita (BNSS),
2023 marks a significant transformation in the Indian criminal justice
system, promising substantial reforms and innovations. This new law
aims to reform and consolidate the criminal system laws in India,
previously governed by the Code of Criminal Procedure (CrPC), 1973.
The BNSS seeks to strike a balance between empowering
authorities, such as the police, to make the investigative and
adjudicatory processes robust and efficient, and controlling the
potential misuse or abuse of these powers against individuals
involved in the criminal justice system.
By introducing a citizen-centric criminal procedure, BNSS
effectively addresses long-standing issues within the criminal
justice system, such as complex legal procedures, the backlog of
criminal cases in courts, and the insufficient use of forensic
sciences and other scientific methods in crime scene investigations.
This article focuses on the provisions that enable the police to
conduct investigations professionally, expeditiously, and effectively,
utilizing advanced technology and reliance on forensic sciences.

Reformation of Investigation System under

Bharatiya Nagarik Suraksha Sanhita (BNSS)
Investigation constitutes a critical aspect of the criminal process,
initiated upon receipt of information by a police officer regarding
the commission of an offence. Its primary objective is to identify the
perpetrator and gather evidence for the subsequent initiation of a
trial against the alleged offender to administer appropriate
punishment according to legal provisions.
Chapter XII of the CrPC delineated procedures related to
information given to the police concerning the commission of an
offence and their investigative powers. The BNSS introduces several
reforms to the investigative process, including the use of electronic
communication and forensic sciences to foster trust and ensure
justice for all parties involved.

Information Given to the Police Officer

Concerning Cognizable and NonCognizable
Offences
Electronic Communication

CrPC Section 154(1): Previously, there was no provision for an

officer in charge of a police station to receive information about the
commission of a cognizable offence by electronic means.
BNSS Section 173(1): Allows information about the commission of a
cognizable offence to be transmitted to the officer in charge of the
police station via electronic communication. This information must
be recorded and signed within three days by the individual who
provided it, and the substance of such electronic communication
must be recorded in a diary as prescribed by the state government.

Copy to Informant or Victim

CrPC Section 154(2): Required that a copy of the recorded
information be provided only to the informant.
BNSS Section 173(2): Requires that a copy be sent to either the
informant or the victim.

Preliminary Inquiry
BNSS Section 173(3): Introduces the concept of a preliminary
inquiry. If a police station receives information about the
commission of a cognizable offence punishable with imprisonment
of three to seven years, the officer in charge may conduct a
preliminary inquiry with the permission of a Deputy Superintendent
of Police, depending on the nature and gravity of the offence.
seven years, the officer in charge of the police station may with the
prior permission According to Bare Act Sec. 173: (1) Every
information relating to the commission of a cognizable offence,
irrespective of the area where the offence is committed, may be
given orally or by electronic communication to an officer in charge
of a police station, and if given—

 orally,it shall be reduced to writing by him or under his

direction, and be read over to the informant; and every such
information, whether given in writing or reduced to writing as
aforesaid, shall be signed by the person giving it;
 by electronic communication, it shall be taken on record by
him on being signed within three days by the person giving it,
and the substance thereof shall be entered in a book to be
kept by such officer in such form as the State Government
may by rules prescribe in this behalf: Provided that if the
information is given by the woman against whom an offence
under section 64, section 65, section 66, section 67, section 68,
section 69, section 70, section 71, section 74, section 75,
section 76, section 77, section 78, section 79 or section 124 of
the Bharatiya Nyaya Sanhita, 2023 is alleged to have been
committed or attempted, then such information shall be
recorded, by a woman police officer or any woman officer:
Provided further that—
 in the event that the person against whom an offence under
section 64, section 65, section 66, section 67, section 68,
section 69, section 70, section 71, section 74, section 75,
section 76, section 77, section 78, section 79 or section 124 of
the Bharatiya Nyaya Sanhita, 2023 is alleged to have been
committed or attempted, is temporarily or permanently
mentally or physically disabled, then such information shall be
recorded by a police officer, at the residence of the person
seeking to report such offence or at a convenient place of
such person’s choice, in the presence of an interpreter or a
special educator, as the case may be;
 the recording of such information shall be videographed; (c)
the police officer shall get the statement of the person
 recorded by a Magistrate under clause (a) of sub-section (6)
of section 183 as soon as possible.
 A copy of the information as recorded under sub-section (1)
shall be given forthwith, free of cost, to the informant or the
victim.
 Without prejudice to the provisions contained in section 175,
on receipt of information relating to the commission of any
cognizable offence, which is made punishable for three years
or more but less than from an officer not below the rank of
Deputy Superintendent of Police, considering the nature and
gravity of the offence,—
 proceed to conduct preliminary enquiry to ascertain whether
there exists a prima facie case for proceeding in the matter
within a period of fourteen days; or
 proceed with investigation when there exists a prima facie
case.

(4) Any person aggrieved by a refusal on the part of an officer in

charge of a police station to record the information referred to in
sub-section (1), may send the substance of such information, in
writing and by post, to the Superintendent of Police concerned who,
if satisfied that such information discloses the commission of a
cognizable offence, shall either investigate the case himself or
direct an investigation to be made by any police officer subordinate
to him, in the manner provided by this Sanhita, and such officer shall
have all the powers of an officer in charge of the police station in
relation to that offence failing which such aggrieved person may
make an application to the Magistrate.

Handling Non-Cognizable Offences

CrPC Section 155(1): Required that if someone reports a
non-cognizable offence to the police officer in charge of a police
station within that station’s jurisdiction, the officer must record the
information in a book as prescribed by the state government and
refer the person reporting the offence to the magistrate.
BNSS Section 174: Requires such officers to forward the daily diary
report of all such cases on a fortnightly basis to the magistrate.
According to Bare Act Sec.174: (1) When information is given to an
officer in charge of a
police station of the commission within the limits of such station of
a non-cognizable offence, he shall enter or cause to be entered the
substance of the information in a book to be kept by such officer in
such form as the State Government may by rules prescribe in this
behalf, and,— (i)refer the informant to the Magistrate;
(ii)forward the daily diary report of all such cases fortnightly to the
Magistrate. (2) No police officer shall investigate a non-cognizable
case without the order of a Magistrate having power to try such
case or commit the case for trial.

 Any police officer receiving such order may exercise the

same powers in respect of the investigation (except the power
to arrest without warrant) as an officer in charge of a police
station may exercise in a cognizable case.
 Where a case relates to two or more offences of which at
least one is cognizable, the case shall be deemed to be a
cognizable case, notwithstanding that the other offences are
noncognizable.

Procedure for Conducting an Investigation

CrPC Section 157: Governed the procedure for investigations
conducted by police officers. However, it lacked provisions for
modern technology and forensic methods in recording evidence
from a crime scene.
BNSS Section 176: Incorporates these aspects in crime scene
investigation and evidence recording. For example, it allows for the
recording of a rape victim’s statement through audiovideo digital
devices, including mobile phones, and permits such recordings to be
admitted as evidence.
BNSS Section 176(3): Mandates that upon receiving information
about an offence punishable by seven years or more, the officer in
charge of the police station must ensure that a forensic expert visits
the crime scene to collect evidence and that the scene is video
graphed using mobile phones or electronic devices. If forensic
facilities are lacking, the state government should notify the use of
facilities from other states until local facilities are developed.
According to Bare Act Sec. 176: (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—

 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;
 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.
 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.
 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.

Development of Investigation
BNSS Section 193(3)(ii): Mandates that the officer inform the
progress of the investigation by all means, including electronic
communication, to the informant or the victim.
According to Bare Act Sec 193: (1) Every investigation under this
Chapter shall be completed without unnecessary delay.

 The investigation in relation to an offence under sections 64,

65, 66, 67, 68, 70, 71 of the Bharatiya Nyaya Sanhita, 2023 or
under sections 4, 6, 8 or section 10 of the Protection of
Children from Sexual Offences Act, 2012 shall be completed
within two months from the date on which the information was
recorded by the officer in charge of the police station.
 (i) As soon as the investigation is completed, the officer in
charge of the police station shall forward, including through
electronic communication to a Magistrate empowered to take
cognizance of the offence on a police report, a report in the
form as the State Government may, by rules provide, stating—
(a) the names of the parties;
 the nature of the information;
 the names of the persons who appear to be acquainted with
the circumstances of the case;
 whether any offence appears to have been committed and, if
so, by whom;
 whether the accused has been arrested;
 whether the accused has been released on his bond or bail
bond;
 whether the accused has been forwarded in custody under
section 190;
 whether the report of medical examination of the woman has
been attached where investigation relates to an offence under
sections 64, 65, 66, 67, 68, 70 or section 71 of the Bharatiya
Nyaya Sanhita, 2023;
 the sequence of custody in case of electronic device;
 the police officer shall, within a period of ninety days, inform
the progress of the investigation by any means including
through electronic communication to the informant or the
victim;
 the officer shall also communicate, in such manner as the
State Government may, by rules, provide, the action taken by
him, to the person, if any, by whom the information relating to
the commission of the offence was first given.
 Where a superior officer of police has been appointed under
section 177, the report shall, in any case in which the State
Government by general or special order so directs, be
 submitted through that officer, and he may, pending the
orders of the Magistrate, direct the officer in charge of the
police station to make further investigation.
 Whenever it appears from a report forwarded under this
section that the accused has been released on his bond or bail
bond, the Magistrate shall make such order for the discharge
of such bond or bail bond or otherwise as he thinks fit.
 When such report is in respect of a case to which section 190
applies, the police officer shall forward to the Magistrate
along with the report—
 all documents or relevant extracts thereof on which the
prosecution proposes to rely other than those already sent to
the Magistrate during investigation;
 the statements recorded under section 180 of all the persons
whom the prosecution proposes to examine as its witnesses.
 If the police officer is of opinion that any part of any such
statement is not relevant to the subject matter of the
proceedings or that its disclosure to the accused is not
essential in the interests of justice and is inexpedient in the
public interest, he shall indicate that part of the statement and
append a note requesting the Magistrate to exclude that part
from the copies to be granted to the accused and stating his
reasons for making such request.
 Subject to the provisions contained in sub-section (7), the
police officer investigating the case shall also submit such
number of copies of the police report along with other
documents duly indexed to the Magistrate for supply to the
accused as required under section 230: Provided that supply
of report and other documents by electronic communication
shall be considered as duly served.
 Nothing in this section shall be deemed to preclude further
investigation in respect of an offence after a report under
sub-section (3) has been forwarded to the Magistrate and,
where upon such investigation, the officer in charge of the
police station obtains further evidence, oral or documentary,
he shall forward to the Magistrate a further report or reports
regarding such evidence in the form as the State Government
may, by rules, provide; and the provisions of subsections (3) to
(8) shall, as far as may be, apply in relation to such report or
reports as they apply in relation to a report forwarded under
sub-section (3):

Provided that further investigation during the trial may be conducted

with the permission of the Court trying the case and the same shall
be completed within a period of ninety days which may be extended
with the permission of the Court.

Procedure When Investigation Cannot Be

Completed in 24 Hours
CrPC Section 167(2): Allowed a magistrate to authorize the
detention of an accused for up to 15 days if the investigation could
not be completed within 24 hours. If the magistrate lacked
jurisdiction, they could order the accused to be forwarded to a
magistrate with proper jurisdiction.
BNSS Section 187(2): Expands this provision, allowing a magistrate,
regardless of jurisdiction, to consider whether the accused has been
released on bail or their bail has been canceled. The magistrate can
then authorize the accused’s detention for up to 15 days during the
initial detention period of either 40 or 60 days, as specified in BNSS
Section 187(3). If the magistrate lacks jurisdiction and believes
further detention is unnecessary, they can order the accused to be
sent to a Judicial magistrate with the proper jurisdiction.
According to Bare Act Sec.187: . (1) Whenever any person is
arrested and detained in custody, and it appears that the
investigation cannot be completed within the period of twenty-four
hours fixed by section 58, and there are grounds for believing that
the accusation or information is well-founded, the officer in charge
of the police station or the police officer making the investigation, if
he is not below the rank of sub-inspector, shall forthwith transmit to
the nearest Magistrate a copy of the entries in the diary hereinafter
specified relating to the case, and shall at the same time forward
the accused to such Magistrate.

 The Magistrate to whom an accused person is forwarded

under this section may, irrespective of whether he has or has
no jurisdiction to try the case, after taking into consideration
whether such person has not been released on bail or his bail
has been cancelled, authorise, from time to time, the
detention of the accused in such custody as such Magistrate
thinks fit, for a term not exceeding fifteen days in the whole,
or in parts, at any time during the initial forty days or sixty days
out of detention period of sixty days or ninety days, as the
case may be, as provided in subsection (3), and if he has no
jurisdiction to try the case or commit it for trial, and considers
 further detention unnecessary, he may order the accused to
be forwarded to a Magistrate having such jurisdiction.
 The Magistrate may authorise the detention of the accused
person, beyond the period of fifteen days, if he is satisfied
that adequate grounds exist for doing so, but no Magistrate
shall authorise the detention of the accused person in custody
under this sub-section for a total period exceeding—
 ninety days, where the investigation relates to an offence
punishable with death, imprisonment for life or imprisonment
for a term of ten years or more;
 sixty days, where the investigation relates to any other
offence, and, on the expiry of the said period of ninety days, or
sixty days, as the case may be, the accused person shall be
released on bail if he is prepared to and does furnish bail, and
every person released on bail under this subsection shall be
deemed to be so released under the provisions of Chapter
XXXV for the purposes of that Chapter.
 No Magistrate shall authorise detention of the accused in
custody of the police under this section unless the accused is
produced before him in person for the first time and
subsequently every time till the accused remains in the
custody of the police, but the Magistrate may extend further
detention in judicial custody on production of the accused
either in person or through the audio-video electronic means.
 No Magistrate of the second class, not specially empowered
in this behalf by the High Court, shall authorise detention in
the custody of the police.

Explanation I.—For the avoidance of doubts, it is hereby declared

that, notwithstanding the expiry of the period specified in
sub-section (3), the accused shall be detained in custody so long as
he does not furnish bail.
Explanation II.—If any question arises whether an accused person
was produced before the Magistrate as required under sub-section
(4), the production of the accused person may be proved by his
signature on the order authorising detention or by the order certified
by the Magistrate as to production of the accused person through
the audio-video electronic means, as the case may be:
Provided that in case of a woman under eighteen years of age, the
detention shall be authorised to be in the custody of a remand home
or recognised social institution:
Provided further that no person shall be detained otherwise than in
police station under police custody or in prison under judicial
custody or a place declared as prison by the Central Government or
the State Government.

 Notwithstanding anything contained in sub-section (1) to

sub-section (5), the officer in charge of the police station or
the police officer making the investigation, if he is not below
the rank of a sub-inspector, may, where a Magistrate is not
available, transmit to the nearest Executive Magistrate, on
whom the powers of a Magistrate have been conferred, a copy
of the entry in the diary hereinafter specified relating to the
case, and shall, at the same time, forward the accused to such
Executive Magistrate, and thereupon such Executive
Magistrate, may, for reasons to be recorded in writing,
authorise the detention of the accused person in such custody
as he may think fit for a term not exceeding seven days in the
aggregate; and, on the expiry of the period of detention so
authorised, the accused person shall be released on bail
except where an order for further detention of the accused
person has been made by a Magistrate competent to make
such order; and, where an order for such further detention is
made, the period during which the accused person was
detained in custody under the orders made by an Executive
Magistrate under this sub-section, shall be taken into account
in computing the period specified in subsection (3):

Provided that before the expiry of the period aforesaid, the

Executive Magistrate shall transmit to the nearest Judicial
Magistrate the records of the case together with a copy of the
entries in the diary relating to the case which was transmitted to him
by the officer in charge of the police station or the police officer
making the investigation, as the case may be.

A Magistrate authorising under this section detention in the

custody of the police shall record his reasons for so doing.
 Any Magistrate other than the Chief Judicial Magistrate
making such order shall forward a copy of his order, with his
reasons for making it, to the Chief Judicial Magistrate.
 If in any case triable by a Magistrate as a summons-case, the
investigation is not concluded within a period of six months
from the date on which the accused was arrested, the
Magistrate shall make an order stopping further investigation
into the offence unless the officer making the investigation
satisfies the Magistrate that for special reasons and in the
interests of justice the continuation of the investigation
beyond the period of six months is necessary.
  Where any order stopping further investigation into an
offence has been made under subsection (9), the Sessions
Judge may, if he is satisfied, on an application made to him or
otherwise, that further investigation into the offence ought to
be made, vacate the order made under sub-section (9) and
direct further investigation to be made into the offence
subject to such directions with regard to bail and other
matters as he may specify.

Conclusion
The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, introduces
significant reforms to the investigation process within the Indian
criminal justice system. By incorporating modern technology and
forensic sciences, the BNSS aims to enhance the efficiency,
professionalism, and effectiveness of police investigations. These
reforms address long-standing issues and seek to create a more
balanced and just system that empowers authorities while
safeguarding individuals’ rights.