What Is BNSS Section 173?

Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 173: Information in cognizable cases.

(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 and if given to an officer in charge of a police station:

• (i) 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;
• (ii) 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 prescribe in this behalf:

Provided that if the information is given by the woman against whom an offence under section 64, section 66, section 67, section 68, section 70, section 73, section 74, section 75, section 76, section 77, section 78 or section 122 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—

• (a) in the event that the person against whom an offence under section 354, section 67, section 68, sub-section (2) of section 69, sub-section (1) of section 70, section 71, section 74, section 75, section 76, section 77 or section 79 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;
• (b) the recording of such information shall be videographed;
• (c) the police officer shall get the statement of the person recorded by a Judicial Magistrate under clause (a) of sub-section (6) of section 183 as soon as possible.

(2) A copy of the information as recorded under sub-section (1) shall be given forthwith, free of cost, to the informant or the victim.

(3) 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 seven years, the officer in-charge of the police station may with the prior permission from an officer not below the rank of Deputy Superintendent of Police, considering the nature and gravity of the offence:

• (i) 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
• (ii) 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 he may make an application under sub-section (3) of section 175 to the Magistrate.

Brefe Detail

This section outlines the procedures for reporting cognizable offences, including how information can be provided, the responsibilities of police officers in recording this information, and the rights of individuals to challenge a refusal to record information.

Question & Answers

Q: How can information about a cognizable offence be reported?

A: Information can be reported orally or by electronic communication to the officer in charge of a police station.

Q: What should happen if the information is given orally?

A: It must be reduced to writing by the officer or under their direction and read over to the informant.

Q: What is required if the information is given electronically?

A: It should be recorded and signed within three days, with the substance entered in a prescribed book.

Q: What provisions exist for recording information given by women regarding specific offences?

A: Such information must be recorded by a woman police officer or a woman officer.

Q: What can an individual do if their information is not recorded by the police?

A: They can send a written substance of the information to the Superintendent of Police.

Example

• A woman reports an incident of harassment to the police. She gives her information orally, which is then written down and signed by her.
• A person with a disability wishes to report a crime. A police officer visits their home to record the information in a convenient setting.

Summary

Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023 details the protocols for reporting cognizable offences, ensuring that individuals have the means to report incidents effectively, while also protecting the rights of victims Answer By Law4u Team