What Is BNSS Section 176?

Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 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:

Provided also that statement made under this sub-section may also be recorded through any audio-video electronic means preferably cell 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.

(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 forensics 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 forensics 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 utilization of such facility of any other State.

Brefe Detail

This section outlines the procedure for police officers in charge of a police station when investigating offences. It specifies the protocol for reporting to a Magistrate, the involvement of forensic experts, and special provisions for sensitive cases such as rape.

Question & Answers

What is the initial action an officer must take if they suspect a cognizable offence?

The officer must send a report to a Magistrate and proceed to investigate the case.

What should be done if the case is not serious?

The officer need not proceed personally or depute a subordinate officer for an on-spot investigation.

What special provisions are made for victims of rape?

The victim's statement should be recorded at their residence or chosen location, preferably by a woman officer and in the presence of trusted individuals.

How should the officer handle cases where they choose not to fully comply with the investigation requirements?

They must state the reasons in their report and notify the informant as prescribed.

What happens for offences punishable by seven years or more?

The officer must have a forensic expert visit the crime scene and conduct videography of the evidence collection.

Example

1. Scenario: A police officer receives information about a theft.
Action: The officer reports to a Magistrate and investigates the scene.

2. Scenario: A complaint of a serious assault is made, with no identifiable suspect.
Action: The officer arranges for forensic experts to examine the crime scene.

3. Scenario: A rape victim reports the crime.
Action: The officer arranges to record the victim's statement at her residence, ensuring the presence of a woman officer and supportive individuals.

Summary

Section 176 of the Bharatiya Nagarik Suraksha Sanhita outlines the protocols for police investigations of cognizable offences, emphasizing the importance of prompt reporting, the role of forensic evidence, and the need for sensitivity in cases involving vulnerable victims.