UNIT 2: Public Order, Investigation, Inquiry and Jurisdiction

10. Discuss the procedure for filing an FIR and the power of police
to investigate under BNSS.
ANS.1. Procedure for Filing an FIR under BNSS, 2023

The provisions relating to the registration of First Information Reports (FIRs) are
given in Sections 173 to 175 of the Bharatiya Nagarik Suraksha Sanhita, 2023
(BNSS), under Chapter XIII – Information to Police and their Powers to Investigate.

(a) Section 173 – Information in Cognizable Cases (FIR)

This section corresponds to Section 154 of the old CrPC, 1973.

Key points:

1.​ Mode of giving information:​

○​ Information relating to the commission of a cognizable offence may be

given orally or electronically to the officer in charge of a police station.​

○​ If given orally, it shall be reduced to writing, read over to the informant,

and signed by them.​

○​ If given electronically, it must be verified by the person within three

days.​

2.​ Registration of FIR:​

○​ Once the information discloses a cognizable offence, the officer must

register a First Information Report (FIR) and give a free copy to the
informant.​

3.​ Preliminary inquiry (Section 173(3)):​

○​ For offences punishable with imprisonment between 3 to 7 years, the

police may conduct a preliminary inquiry within 14 days before
registering an FIR, to ensure genuineness of the complaint.​

4.​ Zero FIR:​

 ○​ The section also allows registration of an FIR irrespective of jurisdiction
(Zero FIR), and it may be transferred to the concerned police station
later.​

5.​ Special provision for women and vulnerable persons:​

○​ When a woman gives information about offences like sexual assault,

rape, or acid attack, it must be recorded by a woman police officer,
preferably at the residence of the victim, and the process must be
videographed.​

(b) Section 174 – Information in Non-Cognizable Cases

This corresponds to Section 155 of CrPC, 1973.

●​ When information relates to a non-cognizable offence, the police cannot

register an FIR or investigate without the prior permission of a Magistrate.​

●​ The officer must enter the information in a station diary and refer the informant
to the Magistrate.​

(c) Section 175 – Procedure when FIR is not registered

●​ If a police officer refuses to register an FIR, the aggrieved person may send
the complaint in writing to the Superintendent of Police (SP).​

●​ The SP may either investigate the case personally or direct a subordinate

officer to do so.​

●​ This ensures accountability and provides a remedy for refusal to register an

FIR.​

2. Power of Police to Investigate under BNSS, 2023

After registration of an FIR, the powers of investigation of the police are laid down in
Sections 176 to 193 of BNSS, 2023.
(a) Section 176 – Power to Investigate Cognizable Cases

●​ The officer in charge of a police station may investigate any cognizable case
without an order from a Magistrate.​

●​ The officer can proceed to the spot, collect evidence, arrest the accused (if
necessary), and record witness statements.​

(b) Section 177 – Investigation in Non-Cognizable Cases

●​ For non-cognizable offences, the police cannot investigate without a

Magistrate’s order (similar to CrPC Section 155(2)).​

●​ Once permission is granted, the police can exercise the same powers as in
cognizable cases.​

(c) Section 180 – Examination of Witnesses by Police

●​ Police officers can summon and examine any person who appears to be
acquainted with the facts of the case.​

●​ Such persons are bound to answer truthfully, except questions that may
incriminate them.​

(d) Section 181 – Statements to Police

●​ Statements made to the police during investigation need not be signed by the
person making them.​

●​ However, these statements can be used to contradict witnesses during trial as

per the Evidence Act.​
(e) Section 183 – Search by Police Officer

●​ Authorizes police to search a place without a warrant if obtaining a warrant

would cause delay.​

●​ Such searches must be recorded and reported to the Magistrate immediately.​

(f) Section 192 – Seizure of Property

●​ Police have the power to seize property believed to be connected with the
offence and must report the seizure to the Magistrate.​

(g) Section 193 – Completion of Investigation and Report

●​ After completion of the investigation, the police must submit a final report
(charge-sheet) to the Magistrate.​

●​ The report shall include:​

○​ Names of the accused and witnesses.​

○​ Nature of the offence.​

○​ Whether sufficient evidence exists to proceed to trial.​

○​ Details of seized property.

11. Explain the role of forensic experts in criminal investigation under

BNSS.

[Link] Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 emphasizes the use of
forensic science in criminal investigations to ensure scientific accuracy,
transparency, and speedier justice.​
Relevant provisions are mainly contained in Sections 176(3), 179, and 311 of the
BNSS.

Under Section 176(3), it is mandatory to involve forensic experts in the investigation

of offences punishable with imprisonment of seven years or more. The section
provides that a team from the State or Central Forensic Science Laboratory (FSL)
must visit the scene of crime, collect and preserve evidence, conduct scientific
examination, and prepare a forensic report to be attached to the police case diary.
This ensures the use of modern technology and prevents manipulation or loss of
crucial evidence.

According to Section 179, the investigating officer may seek the assistance of
forensic experts for the examination of evidence, such as fingerprints, blood, DNA,
weapons, or documents. Their expert opinions, admissible under the Indian Evidence
Act (Sections 45–46), help establish facts scientifically and strengthen the
investigation.

Further, Section 311 encourages the use of technology and forensic tools, including
digital, electronic, and biometric evidence. It also promotes the videography of
searches, seizures, and crime scenes, ensuring transparency and accountability.

Forensic experts thus play a vital role in:

●​ Collecting and analyzing physical and biological evidence,​

●​ Providing expert opinions to investigating officers and courts,​

●​ Assisting in identifying offenders through scientific means, and​

●​ Supporting prosecution by testifying as expert witnesses.​

In conclusion, the BNSS, 2023 integrates forensic science as a core component of

the criminal justice process, aiming to make investigations evidence-based,
scientific, and credible, thereby reducing wrongful convictions and strengthening the
administration of justice.

Key Sections: 176(3), 179, and 311 of the BNSS, 2023.

12. Describe the procedure for initiation of proceedings before a magistrate

and the concept of charge.

Ans. Upon a Police Report (Cases instituted on police report):

●​ Filing of FIR: The process usually starts when an information relating to the
commission of a cognizable offence is given orally or in writing to a police
officer, who records it as a First Information Report (FIR).
●​ Investigation: The police then investigate the case, collect evidence, examine
witnesses, and, if sufficient evidence is found, arrest the accused ].
●​ Filing of Charge Sheet/Final Report: Upon completion of the investigation, the
officer in charge of the police station forwards a report to the magistrate .
This report, often called a "charge sheet" or "challan," details the facts, name
the parties, and states whether an offence appears to have been committed .
●​ Magistrate takes Cognizance: The magistrate examines the charge sheet and
decides whether to take "cognizance" of the offence, which means formally
accepting the matter to proceed with the case .
2.​ Upon a Complaint otherwise than on a police report (Complaint Cases):
●​ Filing of Complaint: Any person (the complainant) can make an "oral or in
writing" complaint to a magistrate, alleging that someone has committed an
offence [1]. This is common for non-cognizable offences or when the police
have refused to register an FIR .
●​ Examination of Complainant and Witnesses: The magistrate is required to
examine the complainant under oath .
●​ Inquiry/Investigation: The magistrate may himself conduct an inquiry into the
case or, at his discretion, order an investigation by the police or another
person to ascertain the truth of the complaint .
●​ Issuance of Process: If, after the examination and inquiry, the magistrate is
satisfied that there are sufficient grounds to proceed, they issue a "process"
(summons or arrest warrant) against the accused.
The Concept of "Charge"

The "charge" is a formal, precise statement of the accusation made against a person
who is being tried for a crime [1]. Its purpose is to give the accused clear and
unambiguous notice of the offence they are alleged to have committed, so they can
prepare their defense [1].

Key aspects of a charge:

●​ Specificity: It must describe the specific offence with which the accused is
charged. If the law has a specific name for the offence (e.g., murder, theft), it
must be stated.
●​ Particulars: It must contain necessary particulars as to the time and place of
the alleged offence, and the person (if any) against whom, or the thing in
respect of which, it was committed .
●​ Language: The charge is typically written in the language of the court .
●​ Framing: The formal "framing of the charge" is a crucial step in a criminal trial.
It marks the formal start of the court's process of determining guilt or
innocence [1]. Once the charge is framed and read out to the accused, the trial
proceeds with the recording of evidence.