Section 176 – Bharatiya Nagarik Suraksha Sanhita(BNSS) – Procedure For Investigation.

• Duty to Investigate:
  • If an officer in charge of a police station suspects the commission of an offence under section 175, he shall:
    • Send a report to a Magistrate empowered to take cognizance of such offence.
    • Proceed in person, or depute a subordinate officer (not below a prescribed rank) to the spot to investigate the facts and circumstances of the case.
    • Take measures for the discovery and arrest of the offender, if necessary.

  Provided that:

  • (a) If the offence is reported against a specific person and is not of a serious nature, the officer may choose not to proceed in person or depute an officer to the spot.
  • (b) If the officer determines there is no sufficient ground for an investigation, he may refrain from investigating.
• Victim Statement in Rape Cases:
  • In cases of rape, the statement of the victim shall be recorded at the residence of the victim or a place of her choice.
  • The recording shall be conducted by a woman police officer in the presence of the victim’s parents, guardian, relatives, or a social worker.
  • The statement may also be recorded using audio-video means, preferably a cell phone.
• Reporting Reasons for Non-Investigation:
  • In cases where the officer does not fully comply with the investigation, as per clauses (a) or (b) of sub-section (1), the officer shall:
    • State reasons in his report for not proceeding.
    • Forward the daily diary report fortnightly to the Magistrate.
    • Notify the informant of the decision not to investigate in cases falling under clause (b).
• Forensic Investigation in Serious Offences:
  • For offences punishable by seven years or more, the officer in charge shall:
    • Ensure a forensic expert visits the crime scene to collect evidence.
    • Videograph the process using a mobile phone or other electronic devices.

  Provided that:

  • If forensic facilities are unavailable, the State Government may utilize the forensic facilities of another state until the necessary facilities are developed.

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: If an officer suspects a crime has been committed, 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: For less serious offenses where the suspect is known, the officer may not need to investigate the scene in person.
  • 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: The victim’s statement must be recorded at their residence or a location of their choosing.
  • 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: The statement may be recorded using audio-video means, preferably a cellphone.
• Forensics Requirement for Serious Crimes:
  • Offenses with 7+ Years Imprisonment: For crimes punishable by 7 years or more imprisonment, a forensics expert must be called to collect evidence at the crime scene.
  • Video Recording: The forensics process must be video-recorded.
  • Availability of Forensics: If forensics facilities are unavailable in a state, the government is obligated to 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:  For dereliction of duty, the officer may be held accountable for negligence and face disciplinary actions.

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.