Introduction
In the Sanhita, Section 154 of Code of Criminal Procedure is replaced by section 173.Now the provisions regarding first information report is contained in chapter XIII of the sahinta.
Chapter XIII INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE
Information in cognizable cases [Section 173]
According to Section 173(1) now information regarding cognizable cases can be given irrespective of the area where the offence is committed to officer in charge of a police station. It means concept of zero FIR is emphasised under this section.
Further the section says that Now, information can be given by electronic communication also, which has to be signed within 3 days. The substance thereof shall be entered in a book to be kept by such officer in such form as the State Government may prescribe in this behalf. Such diary is maintained in CCTNS (Crime and Criminal Tracking Network and Systems) software at present.
According to Section 173(3) where cognizable offence is punishable by imprisonment, for 3 years but less than 7 years, the S.H.O (with prior permission of D.S.P) proceed to conduct preliminary enquiry to ascertain whether there is prima facie case. This provision is without prejudice to power of S.H.O. to investigate cognizable cases under Section 175.
Provided that if the information is given by the woman against whom an offences given in the following table section is alleged to have been committed or attempted, then such information shall be recorded, by a woman police officer or any woman officer:
Section | Particulars |
Section 64 | Punishment for rape |
Section 66 | Punishment for causing death or resulting in persistent vegetative state of victim during commission of offence under section 64 above |
Section 67 | Sexual intercourse by husband upon his wife during separation without her consent |
Section 68 | Sexual intercourse by person in authority or in fiduciary relationship |
Section 70 | Gang rape |
Section 73 | Assault or criminal force to woman with intent to outrage her modesty. |
Section 74 | Sexual harassment and punishment for sexual harassment. |
Section 75 | Assault or use of criminal force to woman with intent to disrobe. |
Section 76 | Voyeurism. |
Section 77 | Stalking. |
Section 79 | Word, gesture or act intended to insult modesty of woman. |
Section 122 | Voluntarily causing hurt or grievous hurt by use of acid, etc. |
MANDATORY FORENSIC EXAMINATION OF CRIME SCENE
According to Section 176(3) of BNSS, 2023, now in case of offence punishable for 7 years or more, there has to be mandatory examination of crime scene by forensic team and recording/videography of the process on mobile phone or any other electronic device.
Section 156 of Code of Criminal Procedure is replaced by Section 175 of BNSS
As per Section 175(1), investigation of grave offences by Superintendent of Police or he may depute Deputy Superintendent of Police to investigate.
According to section 175(4), new provision added empowering Magistrate to take cognizance of complaints against public servants while discharging their official duties subject to receiving report from public’s servants superior officer and after hearing the concerned public servant.
Serving of Copies of Police Report on Victim:
Now as per Section 230 of BNSS, the Magistrate shall within 14 days from date of production or appearance of the Accused, furnish to the Accused as well as victim the copy of challan.
Police Remand:
Now the Police Remand can be taken for 15 days, anytime within the period of 40 / 60 days with respect to the offences for which Challan has to be submitted within the period of 60 / 90 days, in accordance with Section 187 of Bhartiya Nagrik Suraksha Sahinta, 2023. As a result, now the police has the flexibility to seek custody anytime during the period of 40 / 60 days, which will help the Investigating Officer to decide according to the requirement of the Investigation.
Sanction in case of Public Servants:
Now as per Section 218(1) proviso 2, the State Government shall take decision regarding request of sanction made by Investigating Agency within 120 days. If not given then it is deemed that sanction is given. So this provision will help the police to file Chargesheet within the stipulated time and the handicap faced by the Police in seeking sanction for prosecution, has been taken care of.
Old Provision of Section 160 Cr.P.C. substituted :
In the earlier Code, power exercised by Investigating Officer to call any person acquainted with facts and circumstances of the case, under Section 160 Cr.P.C. has been now substituted by Section 179 of BNSS, 2023, the content of the provision remains the same.
Now, earlier section 161 Cr.P.C. statement is now to be recorded under Section 180 of BNSS.
Section 41A (Old Cr.P.C. Notice)
Now as per Section 35 of BNSS, 2023 the Notice to the Accused with regard to the offence punishable up to 7 years of imprisonment, can still be given under the new provision of Section 35, which will help the police in getting the necessary information from the accused as well as recovery of case property and that too without being a formal arrest of the accused who is cooperating with the police. However, this will not be absolute Rule and the accused who is not cooperating with the Investigating Agency, can still be arrested by the Investigating Officer, for reasons to be recorded in writing. However, if the I.O. is of the opinion that arrest has to be made of an Accused of an offence which is punishable for imprisonment of less than 3 years and such person is infirm or above 60 years of age, then prior permission of an officer not below the rank of Deputy Superintendent of Police is required.
