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CHAPTER XIII INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE

Section 176: Procedure for investigation

The Bharatiya Nagarik Suraksha Sanhita, 2023

(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 inclause (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.

Corresponding CrPC provision

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

176157. Procedure for investigation.
176(1)157(1)
176(2)157(2)
176(3)New Sub-Section

Leading cases

Questions on this section

4 questions in 14 of our papers cite Section 176. Try these from the free papers:

  1. 1. Consider the following statements regarding Section 176 BNSS: 1. In relation to an offence of rape, the statement of the victim may also be recorded through any audio-video electronic means including mobile phone. 2. The date from which forensic experts must visit crime scenes under Section 176(3) is to be notified by the Central Government within a period of ten years. 3. Where a forensic facility is not available in respect of such an offence, the State Government shall, until the facility is developed in the State, notify the utilisation of such facility of any other State. Which of the statements given above is/are correct?

Practise questions on Bharatiya Nagarik Suraksha Sanhita