Code
- (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.
Explanation: On Procedure For Investigation
Section 156 of the BNSS outlines the procedures for a police officer in charge of a police station to follow when they receive information about a possible crime. It mandates that an investigation be initiated unless there are specific exceptions. Here’s a breakdown on procedure for investigation as mentioned under the section:
- Suspicion of Crime:
- When an officer suspects a crime, they must initiate an investigation.
- Reporting to Magistrate: The officer must immediately report the suspected crime to a magistrate with the authority to take action based on a police report.
- Investigation and Arrest: The officer must personally investigate the scene or delegate a subordinate officer to do so. This includes gathering evidence and potentially arresting the suspect.
- Exceptions:
- Minor Crimes with Named Suspect:
- In less serious offenses where the suspect is known, the officer may not need to conduct an in-person investigation of the scene.
- Insufficient Grounds: If the officer believes there is insufficient evidence to warrant an investigation, they can decline to proceed.
- Special Provisions for Rape Cases:
- Victim’s Choice of Location:
- Record the victim’s statement at their residence or a location they choose.
- Female Officer: A woman police officer should be present, if possible.
- Witness Presence: The victim’s parents, guardian, relatives, or a social worker should be present.
- Audio-Video Recording:
- Record the statement using audio-video means, preferably with a cellphone.
- Forensics Requirement for Serious Crimes:
- Offenses with 7+ Years Imprisonment:
- For crimes punishable by seven years or more in prison, investigators must call a forensics expert to collect evidence at the crime scene.
- Video Recording: The forensics process must be video-recorded.
- Availability of Forensics:
- If a state lacks forensics facilities, the government must utilize facilities from other states.
- Documentation and Reporting: The officer must document their actions and reasons for any non-compliance, and submit reports to the magistrate regularly.
Illustration:
Imagine a shopkeeper reports a theft to the police. The officer, upon investigation, finds sufficient evidence suggesting the theft occurred. According to Section 156, the officer must:
- Report the incident to the magistrate.
- Investigate the scene and collect evidence.
- If they have reason to believe a specific individual committed the crime, they may attempt to arrest the suspect.
Common Questions and Answers: Procedure For Investigation
Q: What happens if the officer does not investigate a crime despite having sufficient grounds?
A: Officers may face disciplinary actions and be held accountable for negligence due to dereliction of duty.
Q: Can a victim refuse to have their statement recorded by a female officer?
A: The victim does not have an absolute right to refuse a female officer’s presence. However, the police must make every effort to accommodate the victim’s wishes.
Q: What if the forensics facility is far away, making it impractical to visit?
A: The government is responsible for ensuring forensics facilities are accessible. If the distance poses a problem, the police should seek alternative arrangements, such as transporting evidence to the facility.
