What Is BNSS Section 193?

Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 193: Report of police officer on completion of investigation

(1) Every investigation under this Chapter shall be completed without unnecessary delay.

(2) The investigation in relation to an offence under sections 64, 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.

(3) (i) As soon as the investigation is completed, the officer in charge of the police station shall forward 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;
• (b) the nature of the information;
• (c) the names of the persons who appear to be acquainted with the circumstances of the case;
• (d) whether any offence 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 his bond and, if so, whether with or without sureties;
• (g) whether the accused has been forwarded in custody under section 190;
• (h) whether the report of medical examination of the woman has been attached where investigation relates to an offence under sections 64, 66, 67, 68 or section 70 of the Bharatiya Nyaya Sanhita, 2023.

(ii) The police officer shall, within a period of ninety days, inform the progress of the investigation by any means including electronic communication to the informant or the victim.

(iii) 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.

(4) 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.

(5) Whenever it appears from a report forwarded under this section that the accused has been released on his bond, the Magistrate shall make such order for the discharge of such bond or otherwise as he thinks fit.

(6) 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—

• (a) all documents or relevant extracts thereof on which the prosecution proposes to rely other than those already sent to the Magistrate during investigation;
• (b) the statements recorded under section 180 of all the persons whom the prosecution proposes to examine as its witnesses.

(7) 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.

(8) 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 Judicial 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.

(9) 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 sub-sections (3) to (7) 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 permitted with the permission of the Court trying the case and the same shall be completed within a period of ninety days which may extend with the permission of the Court.

Brefe Detail

This section outlines the procedures and timelines for police investigations, particularly for specific offenses under various laws. It mandates timely reporting and communication regarding the progress of investigations, the necessity of submitting comprehensive reports to the Magistrate, and the potential for further investigations post-reporting.

Question & Answers

What is the time frame for completing investigations related to certain offenses?

Investigations under specified sections must be completed within two months.

What must the officer in charge report to the Magistrate after completing an investigation?

The officer must report details such as names of parties, nature of the information, and whether any offense was committed.

Can further investigations occur after a report is submitted to the Magistrate?

Yes, further investigations can be conducted, and additional evidence must be reported to the Magistrate.

Example

If a police officer investigates an offense under section 66 of the Bharatiya Nyaya Sanhita, they must complete the investigation within two months and submit a detailed report, including witness statements, to the Magistrate.

Summary

Section 193 emphasizes the importance of timely investigations by police officers and the necessity of thorough reporting to Magistrates, ensuring that the justice process remains efficient and transparent.