The Bhartiya Nagarik Suraksha Sanhita (BNSS) brought with itself some welcome changes to the Code of Criminal procedure wherein measures were taken to ensure that there are no lapses in the investigation and procedure for investigating a case is in consonance with modern technologies and tools available to the investigating agencies at their disposal. This is useful for all the parties attached to a crime, may it be the accused, victim or the investigation agencies. More so this is particularly important to maintain unhinged flow of justice from our judiciary by assisting the courts to provide finality to a judgement without any discrepancy.
In BNSS, Section 176 provides for the Procedure for investigation that needs to be followed by the investigation agency or police to solve a crime. There have been some substantial developments in this provision when compared to equivalent section under The Code of Criminal Procedure (Section 157 CrPC). Let’s find out step by step as to what this section entails for us:“Section 176 BNSS: Procedure for Investigation
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 and such statement
may also be recorded through any audio-video electronic means including mobile
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 by rules made by the State Government.
(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
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.”
Learnings from the provision:
Clause (1) of Section 176 BNSS
clearly describes the extent, authority and duty of the person who is entrusted
with investigation. It states that every officer in charge of a police station (where
there is no particular order/ direction from the magistrate) or any officer so
empowered by the magistrate in compliance of Section 175(3) & (4) BNSS shall
forthwith send a report of the same to a Magistrate empowered to take
cognizance of such offence upon a police report
Proceed in person to investigate the
case so entrusted as far as possible. He can however depute one of his subordinates
not below the rank as determined by the government, 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/ accused.
However, there are riders to this
provision as follows
· In a case where the information to
the case is given by name and it does not, by the looks of it, look like it’s a
serious offence, the police officer has the right to not proceed in person not
depute a subordinate to the investigation.
· 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 except in cases of rape,
regardless of what the police in charge may think, the law provides for the
statement of the victim SHALL be conducted at the residence of victim at any
other place of her choice, that too as far as possible, by a women police officer
in presence of her parents/guardians or Social worker. The whole process needs
to be recorded in an audio video format. This is a new addition when compared
to CrPC Section 157.
· Clause (2) of Section 176 BNSS
provides for the contents of the report which the officer in charge of the
police Station to submit a report to the magistrate in clause (1). The report
must have daily Diary with respect of the case and shall be submitted once
every two weeks.
In Swami Ram v State of Rajasthan,
1997, the Hon’ble Supreme Court held that the purpose of sending the
report to the magistrate concerned is to keep him informed of the investigation
of the cognizable case and that he may be in control of the investigation and
if required.
Clause (3) is the provision we really
want to discuss. It’s the new addition to BNSS which helps fuse the powers of
the modern technologies with investigation. It provides for mandatory
collection of forensic evidence by forensics experts in cases which prescribe a
punishment of 7 years of imprisonment or more.
The forensic expert needs to visit
the crime scene in person and collect forensic evidence from the crime scene. He
also needs to mandatorily record the whole process of collection of evidence in
a video format through smartphone or any other gadget capable of doing so.
No excuse regarding collection of
evidence is entertained either as it has been prescribed that if the state does
not have any forensics facility, then in such a case it needs to hire
facilities from another state, but the process cannot be compromised.
Conclusion
The BNSS’s has focus on forensic
evidence and streamlined investigation procedures which aim to enhance the
quality of criminal investigations in a cognizable offence. However, it also
places additional responsibilities on law enforcement agencies and forensic
laboratories to ensuring timely forensic examinations and maintaining the
integrity of evidence. This according to me is a very welcome change. There has
been a transition in the form of investigation agencies now mandatorily using
forensic evidence and videographic recording of collection of that evidence and
I appreciate the assertive language used for the transition so made, by BNSS.
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Also Read
Unveiling the Bharatiya Nagarik Suraksha Sanhita (BNSS): A Legal Revolution Unfolding
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