BNSS Section 176: 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.
- If an officer in charge of a police station suspects the commission of an offence under section 175, he shall:
- Victim Statement in Rape Cases:
- In cases of rape, the victim will record her statement at her residence or at a location of her choice.
- A woman police officer will conduct the recording in the presence of the victim’s parents, guardian, relatives, or a social worker.
- You can record the statement using audio-video means, preferably with 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).
- 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:
- 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 can use the forensic facilities of another state until it develops the necessary resources.
- For offences punishable by seven years or more, the officer in charge shall:
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.