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FIR REGISTRATION AND INVESTIGATION UNDER BNSS

Several improvements have been made in the investigation process of an offence under Bhartiya Nagarik Suraksha Sahinta (BNSS). FIR can be lodged at any police station irrespective of area where offence has been committed. Scope of preliminary inquiry by police has been expanded. During investigation statement of witnesses can be recorded through  audio visual means. Forensic expert has to be engaged in cases of offences having punishment for more than seven years. Police custody can be granted by Magistrate in part or whole for a period of fifteen days any time during sixty days or ninety days as the case may be.  Progress of investigation has to be shared with the informant/victim within ninety days.

Information for investigation under cognizable offences have to be given under Section 173 which was Section 154 under the Cr.P.C. Three changes are noticeable under this Section. Firstly, information regarding registration of FIR can be given to a police station irrespective of area wherein offence has been committed. Thus concept of zero FIR has been given statutory recognition.  Secondly, information regarding cognizable offence can be given through electronic mode also. Thirdly, in cases of  offences wherein there are provision of punishment of more than three years but less than seven years, Investigation Officer with consent of Deputy Superintendent of Police can conduct Preliminary Inquiry before registration of FIR. Such preliminary inquiry has to be conducted  within a period of 14 days. It is pertinent to mention herein that in Lalita Kumari it was held by the Supreme Court that in cases of cognizable offences, it is compulsory for the Police of register FIR except in matrimonial cases, corruption cases,  etc. Now the scope of preliminary inquiry by the Police has been expanded.

Section 156 of Cr. P. C.  corresponds to Section 175 of the BNSS. If FIR is not registered by Officer in Charge of Police Station, informant can approach Superintendent of Police. Thereafter the informant can approach the Magistrate under Section 175 (3) for registration of FIR.  

Section 176 (3) makes compulsory engagement of forensic expert in investigation process in cases of offences having provision of punishment of more than seven years. In such cases Forensic Expert has to visit the crime scene. Crime scene has to be recorded vide mobile phone or any other electronic device.

Section 180 of BNSS  empowers police officer to record statements of witnesses through audio visual means also.

Section 184 of BNSS makes medical examination of rape victim  compulsory within 24 hours with consent of such victim. Medical  report has to be submitted to Investigation Officer within seven days.

Section 187 of BNSS deals with police custody and judicial custody.  The maximum duration of police custody remains at 15 days but this custody can be granted anytime  by the Magistrate in whole or parts within  ninety days in cases where investigation relates to an offence punishable  with death, imprisonment with life or imprisonment of ten years or more. In other cases police custody can be granted for 15 days in part or whole during sixty days. This nullifies several judgments passed by the Supreme Court wherein it has been held that policy custody can be granted only within initial 15 days.

Final Report which is also known as charge sheet/challan has to submitted under Section 193 of BNSS, which used to be submitted under Section 173 under the earlier regime. Information regarding progress of investigation has to be given to the informant/victim within ninety days under Section 193 (ii).

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Mukesh Kumar Suman is an advocate and legal author based at Delhi. He regularly appears before various Judicial Forums including NCLT, NCLAT, High Courts and the Supreme Court. He can be approached at mukesh_suman@outlook.com or +91 9717864570.

Mukesh Kumar Suman

Mukesh Kumar Suman

Mukesh Kumar Suman is an advocate based at Delhi. He has rich experience in civil, criminal, commercial, arbitration and corporate insolvency matters. He regularly appears before District Courts, NCLT, NCLAT, High Court and the Supreme Court. He can be approached at mukesh_suman@outlook.com or +91 9717864570.

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