Section 173 – Bharatiya Nagarik Suraksha Sanhita(BNSS) – Information In Cognizable Cases.

Section 173: Information In Cognizable Cases

This is what information in cognizable cases as mentioned deals with:

Code:

• Mode of Giving Information:
  • Every information relating to the commission of a cognizable offence, irrespective of the area where the offence is committed, may be given:
    • Orally or
    • By electronic communication
  • If given to an officer in charge of a police station:
    • Orally: It shall be reduced to writing by him or under his direction, and be read over to the informant. Every such information, whether given in writing or reduced to writing, shall be signed by the person giving it.
    • By electronic communication: It shall be taken on record by him on being signed within three days by the person giving it. The substance thereof shall be entered in a book to be kept by such officer in such form as the State Government may prescribe.
  • Proviso 1: If the information is given by a woman against whom an offence under sections 64, 66, 67, 68, 70, 73, 74, 75, 76, 77, 78, or 122 of the Bharatiya Nyaya Sanhita, 2023 is alleged to have been committed or attempted, such information shall be recorded by a woman police officer or any woman officer.
  • Proviso 2:
    • (a) In case the person against whom an offence under sections 354, 67, 68, subsection (2) of 69, subsection (1) of 70, 71, 74, 75, 76, 77, or 79 of the Bharatiya Nyaya Sanhita, 2023 is alleged to have been committed or attempted is mentally or physically disabled (either temporarily or permanently), the information shall be recorded:
      • At the residence of the person or at a place of their choice,
      • In the presence of an interpreter or a special educator, as applicable.
    • (b) The recording of such information shall be videographed.
    • (c) The police officer shall get the statement of the person recorded by a Judicial Magistrate under clause (a) of subsection (6) of section 183 as soon as possible.
• Copy of Information: A copy of the information as recorded under sub-section (1) shall be given forthwith, free of cost, to the informant or the victim.
• Preliminary Enquiry:
  • Upon receipt of information regarding the commission of a cognizable offence punishable with imprisonment for three years or more but less than seven years, the officer in charge of the police station may, with prior permission from an officer not below the rank of Deputy Superintendent of Police and considering the nature and gravity of the offence:
    • (i) Conduct a preliminary enquiry to ascertain if there exists a prima facie case for proceeding within a period of fourteen days; or
    • (ii) Proceed with investigation if a prima facie case exists.
• Recourse for Refusal to Record Information:
  • Any person aggrieved by a refusal on the part of an officer in charge of a police station to record the information as referred to in subsection (1), may send the substance of such information, in writing and by post, to the concerned Superintendent of Police.
  • If the Superintendent of Police is satisfied that the information discloses the commission of a cognizable offence, he shall:
    • Investigate the case himself or
    • Direct an investigation by any subordinate police officer, who will have all the powers of an officer in charge of the police station in relation to that offence.
    • Failing which, the aggrieved person may make an application under subsection (3) of section 175 to the Magistrate.

Explanation: on Information In Cognizable Cases

This section outlines the procedure for reporting or information in cognizable offenses to the police. It mandates the recording of information related to such offenses, specifying the method, form, and additional measures for certain categories of offenses.

• Information can be given orally or electronically: The informant can report the offense verbally or by electronic communication.
• Written recording and signature: If given orally, the information must be written down by the police officer and read back to the informant, who then signs it.
• Electronic communication: Information received electronically must be recorded and signed within three days by the informant.
• Special provisions for women and disabled victims:
  • Information relating to offenses against women under specific sections of the BNSS (e.g., sexual assault, cybercrime) must be recorded by a woman police officer or a woman officer.
  • For victims who are mentally or physically disabled, information must be recorded at their residence or a place of their choice, in the presence of an interpreter or special educator.
• Videographic recording: The recording of information for specific offenses (e.g., sexual assault, cybercrime) must be videographed.
• Judicial Magistrate’s statement: The police officer must arrange for the victim’s statement to be recorded. This is to be done by a Judicial Magistrate as soon as possible.
• Copy of information: A copy of the recorded information must be provided to the informant or victim.
• Preliminary enquiry or investigation: For cognizable offenses punishable by three years or more. For less than seven years, the police officer can either conduct a preliminary inquiry within fourteen days. This is to ascertain if a prima facie case exists or proceed directly with the investigation.
• Grievances regarding refusal to record information: The police officer may refuse to record information. Hence, the aggrieved person can send the information in writing to the Superintendent of Police, who will then investigate. They can too direct an investigation.

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