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

Code

(1) 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 to an officer in charge of a police station, and if given—
(i) orally, it shall be reduced to writing by him or under his direction, and be read
over to the informant; and every such information, whether given in writing or reduced
to writing as aforesaid, shall be signed by the person giving it;
(ii) by electronic communication, it shall be taken on record by him on being
signed within three days by the person giving it, and the substance thereof shall be entered in a book to be kept by such officer in such form as the State Government may by rules prescribe in this behalf:
Provided that if the information is given by the woman against whom an offence
under section 64, section 65, section 66, section 67, section 68, section 69, section 70,
section 71, section 74, section 75, section 76, section 77, section 78, section 79 or
section 124 of the Bharatiya Nyaya Sanhita, 2023 is alleged to have been committed or
attempted, then such information shall be recorded, by a woman police officer or any
woman officer:
Provided further that—
(a) in the event that the person against whom an offence under section 64,
section 65, section 66, section 67, section 68, section 69, section 70, section 71,
section 74, section 75, section 76, section 77, section 78, section 79 or section 124 of
the Bharatiya Nyaya Sanhita, 2023 is alleged to have been committed or attempted, is
temporarily or permanently mentally or physically disabled, then such information
shall be recorded by a police officer, at the residence of the person seeking to report
such offence or at a convenient place of such person’s choice, in the presence of an
interpreter or a special educator, as the case may be;
(b) the recording of such information shall be videographed;
(c) the police officer shall get the statement of the person recorded by a
Magistrate under clause (a) of sub-section (6) of section 183 as soon as possible.
(2) A copy of the information as recorded under sub-section (1) shall be given forthwith,
free of cost, to the informant or the victim.
(3) Without prejudice to the provisions contained in section 175, on receipt of
information relating to the commission of any cognizable offence, which is made punishable
for three years or more but less than seven years, the officer in charge of the police station
may with the prior permission from an officer not below the rank of Deputy Superintendent
of Police, considering the nature and gravity of the offence,—
(i) proceed to conduct preliminary enquiry to ascertain whether there exists a
prima facie case for proceeding in the matter within a period of fourteen days; or
(ii) proceed with investigation when there exists a prima facie case.
(4) Any person aggrieved by a refusal on the part of an officer in charge of a police
station to record the information referred to in sub-section (1), may send the substance of
such information, in writing and by post, to the Superintendent of Police concerned who, if
satisfied that such information discloses the commission of a cognizable offence, shall
either investigate the case himself or direct an investigation to be made by any police officer
subordinate to him, in the manner provided by this Sanhita, and such officer shall have all
the powers of an officer in charge of the police station in relation to that offence failing
which such aggrieved person may make an application 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.

• The informant can report the offense either verbally or through electronic communication.
• Written recording and signature:
• Electronic communication:
• The informant must record and sign the information received electronically within three days.
• Special provisions for women and disabled victims:
  • A woman police officer or a woman officer must record information related to offenses against women under specific sections of the BNSS, such as sexual assault and cybercrime.
  • For victims who are mentally or physically disabled, the authorities must record information at their residence or a location of their choice, with an interpreter or special educator present.
• Videographic recording:
• Authorities must videograph the recording of information for specific offenses, such as sexual assault and cybercrime.
• Judicial Magistrate’s statement:
• The police officer must arrange for a Judicial Magistrate to record the victim’s statement 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.

Illustration: