Bharatiya Nagarik Suraksha Sanhita (BNSS) – Section 193
Code: Section 193 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 (Indian Citizen Protection Code)
Explanation: This section outlines the procedures for police investigations under the BNSS, particularly in relation to certain serious offenses.
- Timely Completion of Investigations: Subsection (1) emphasizes the importance of completing investigations without unnecessary delay.
- Time Limit for Specific Offenses: Subsection (2) sets a specific time limit of two months for completing investigations related to offenses under Sections 64, 66, 67, 68, 70, 71 of the Bharatiya Nyaya Sanhita, 2023 (Indian Penal Code), and Sections 4, 6, 8, and 10 of the Protection of Children from Sexual Offences Act, 2012. This time limit starts from the date the information is recorded by the police station officer in charge.
- Reporting to the Magistrate: Subsection (3) outlines the procedure for the police officer in charge to forward a report to the Magistrate after completing the investigation. The report should include details like the names of parties, nature of the information, names of witnesses, whether an offense appears to have been committed, and the status of the accused (arrested, released, etc.). It also mandates attaching the medical examination report in cases related to certain offenses against women.
- Progress Updates: Subsection (3)(ii) requires the police officer to inform the informant or victim about the progress of the investigation within 90 days.
- Superior Officer Involvement: Subsection (4) allows the involvement of a superior police officer if designated by the State Government. This officer can review the investigation and direct further investigation if required.
- Bond Discharge: Subsection (5) deals with the discharge of bonds if the accused was released on bail.
- Documents and Statements: Subsection (6) mandates the police officer to submit relevant documents and statements to the Magistrate along with the report when the case falls under Section 190.
- Disclosure of Statements: Subsection (7) provides discretion to the police officer to withhold parts of statements if they are deemed irrelevant or harmful to the public interest.
- Copies to the Accused: Subsection (8) requires the police officer to provide copies of the report and other documents to the accused. Electronic communication is considered valid for this purpose.
- Further Investigation: Subsection (9) allows for further investigation even after submitting the initial report to the Magistrate. Any new evidence discovered during this further investigation must be reported to the Magistrate, and the same reporting procedures apply. Further investigation during the trial can be permitted by the court, with a time limit of 90 days, subject to the court’s discretion.
Illustrations:
1. Timely Investigation: A woman reports an assault to the police station. The officer in charge must complete the investigation within two months as per the provision of Section 193(2) if the offense falls under the specified sections of the Indian Penal Code or the Protection of Children from Sexual Offenses Act.
2. Reporting to Magistrate: After completing the investigation, the police officer must prepare a report and submit it to the Magistrate. The report should contain details like the victim’s name, nature of the assault, and the status of the accused.
3. Further Investigation: During the trial, new evidence emerges. The court may permit further investigation by the police, subject to the 90-day time limit.
Common Questions and Answers:
- Q: What are the offenses covered by the time limit in Section 193(2)?
A: Section 193(2) sets a two-month time limit for investigations related to offenses under Sections 64, 66, 67, 68, 70, 71 of the Bharatiya Nyaya Sanhita, 2023 and Sections 4, 6, 8, and 10 of the Protection of Children from Sexual Offences Act, 2012. These sections cover offenses like wrongful restraint, kidnapping, assault, sexual assault, and offenses against children. - Q: What happens if the investigation is not completed within the stipulated time?
A: Failure to complete the investigation within the specified timeframe could lead to delays in the judicial process. The accused might be released due to lack of evidence or procedural irregularities. The court can also take appropriate action against the police officer responsible for the delay. - Q: Can the time limit for completing investigations be extended?
A: In exceptional cases, the time limit can be extended by the court with proper justification and reasons. Further investigation during the trial can be permitted by the court with a time limit of 90 days, subject to the court’s discretion. - Q: Who is responsible for informing the informant or victim about the investigation’s progress?
A: The investigating police officer is responsible for informing the informant or the victim about the progress of the investigation within 90 days of the investigation commencing.
