Section 176 of The Bharatiya Nagarik Suraksha Sanhita, 2023 in hindi
- (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.
Summary
- Police must report suspected cognizable offences to a Magistrate and investigate the facts, potentially visiting the scene and arresting suspects.
- Officers may skip an on-site investigation if the offence is not serious and the suspect is named, or if there are insufficient grounds to investigate.
- For rape cases, victim statements must be recorded at their residence or chosen location, preferably by a woman officer in the presence of family or a social worker.
- If an officer decides not to investigate or visit the scene, they must document their reasons and notify the Magistrate and the informant.
Practical examples
FAQ
1. When is a police officer not required to visit the scene of a crime?
An officer is not required to visit the scene if the offence is not of a serious nature and the accused is named, or if the officer determines there are insufficient grounds to investigate.
2. What is the specific procedure for recording a statement in a rape case?
The statement must be recorded at the victim's residence or a place of her choice, preferably by a woman police officer in the presence of parents, guardians, near relatives, or a local social worker, and may be recorded via audio-video electronic means.
3. What must an officer do if they decide not to investigate a case?
The officer must state the reasons for not investigating in their report, forward the daily diary report to the Magistrate fortnightly, and notify the informant.
4. Who is authorized to conduct an investigation under section 176?
The officer in charge of a police station may investigate in person or depute a subordinate officer not below the rank prescribed by the State Government.
Test yourself
Q1.Under Section 176 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for which offences must an officer cause a forensic expert to visit the crime scene?
Q2.According to Section 176 of the Nagarik Suraksha Sanhita, where should the statement of a rape victim be recorded?
Q3.Under Section 176 of the Bharatiya Nagarik Suraksha Sanhita, 2023, what must an officer do if they decide there is no sufficient ground to investigate a reported case?
Q4.Which previous section empowers an officer to start the investigation procedure described in Section 176 of this criminal law?