Empowering Law Enforcement

The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, a comprehensive piece of legislation aimed at modernizing India’s criminal justice system, outlines detailed procedures for how information is provided to the police and their powers to investigate criminal matters. This legal framework empowers law enforcement agencies to act promptly upon receiving information about offenses, ensuring that investigations are conducted efficiently while safeguarding the rights of individuals involved. The law specifies the process of recording information, maintaining case diaries, and the scope of police powers during an inquiry or trial, emphasizing transparency and accountability in criminal investigations.

When can a police officer conduct a search for an item during an investigation?

A police officer can conduct a search when there are reasonable grounds to believe that something necessary for the investigation of an offence might be found within the police station's limits. If such a thing cannot be obtained without undue delay, the officer must first record the grounds of belief in the case diary and specify what is being searched for.

How should the search be conducted by the police officer?

If practicable, the police officer should personally conduct the search. The search should be recorded through audio-video means, preferably using a mobile phone.

What should the officer do if they cannot personally conduct the search?

If the officer cannot personally conduct the search and no other competent person is present, they may delegate the search to a subordinate officer. The officer must provide a written order specifying the place to be searched and the item sought.

What is required after a search has been conducted?

A copy of the record made during the search must be sent to the nearest Magistrate within forty-eight hours. The owner or occupier of the place searched is entitled to receive a free copy of the record upon request from the Magistrate.

Can an officer in charge of one police station request another officer to conduct a search?

Yes, an officer in charge of a police station or a police officer not below the rank of sub-inspector may require another police station's officer to conduct a search in any place where the former officer could have done so within their own limits.

What happens after a search is conducted by the officer of another police station?

The officer conducting the search must forward any items found to the requesting officer. Additionally, notice of the search and a copy of the list of seized items must be sent to the Magistrate and the officer in charge of the station where the search took place.

Can a police officer bypass the need to request another station's officer for a search?

Yes, if there is a belief that delay may result in the concealment or destruction of evidence, a police officer can conduct the search directly in another police station's limits, as if the place were within their own jurisdiction.

What is the procedure when an investigation cannot be completed within 24 hours of arrest?

The officer in charge of the police station must send a copy of the case diary to the nearest Magistrate and forward the accused to the Magistrate. The Magistrate may authorize the detention of the accused, not exceeding 15 days in police custody.

What is the maximum period of detention for the accused during an investigation?

If necessary, the Magistrate may extend the detention up to 90 days for serious offences (punishable by death, life imprisonment, or 10 years or more) and up to 60 days for other offences.

Can the accused be produced through audio-video means before the Magistrate?

Yes, after the initial physical production of the accused before the Magistrate, further appearances can be made through audio-video electronic means for the purpose of extending judicial custody.

What happens if a Magistrate is not available for authorizing further detention?

If a Magistrate is unavailable, the police officer can approach an Executive Magistrate, who may authorize detention for up to 7 days, after which the accused must be released unless further detention is authorized by a competent Magistrate.

What is the procedure when a subordinate police officer conducts an investigation?

The subordinate officer must report the investigation's result to the officer in charge of the police station.

What should happen if the police find insufficient evidence to forward the accused to a Magistrate?

The officer in charge must release the accused on executing a bond or bail bond to appear before the Magistrate when required.

What is the procedure when there is sufficient evidence to forward the accused to a Magistrate?

The officer in charge must forward the accused to a Magistrate, or if the offence is bailable, take security from the accused for their appearance before the Magistrate.

What rights do complainants and witnesses have during an investigation?

Complainants or witnesses must not be subjected to unnecessary restraint or inconvenience and cannot be required to accompany a police officer or give security for their appearance other than their own bond.

What happens if a complainant or witness refuses to attend or execute a bond?

The police officer may forward the individual to a Magistrate, who can detain them in custody until they execute the bond or the case is heard.

What is required of a police officer during the investigation?

Every police officer conducting an investigation must enter their proceedings in a diary, day by day. This includes the time the information was received, the time the investigation started and ended, the places visited, and a statement of the circumstances discovered through the investigation.

What should be inserted in the case diary during an investigation?

Statements of witnesses recorded during the investigation must be inserted in the case diary.

How should the case diary be maintained?

The case diary must be a volume and duly paginated.

Can a Criminal Court access police diaries during an inquiry or trial?

Yes, a Criminal Court can request the police diaries of a case to assist in an inquiry or trial, but the diaries cannot be used as evidence.

Are the accused or their agents entitled to access the police diaries?

No, the accused or their agents are not entitled to access the police diaries unless the police officer uses them to refresh his memory, or the court uses them to contradict the police officer.

How soon must an investigation be completed?

Every investigation must be completed without unnecessary delay.

What must a police officer include in the report sent to the Magistrate after an investigation?

The report must include:

• Names of the parties;
• Nature of the information;
• Names of individuals acquainted with the circumstances of the case;
• Whether an offence appears to have been committed and by whom;
• Whether the accused has been arrested;
• Status of the accused, whether released on bond or bail;
• Whether the accused has been forwarded in custody;
• Sequence of custody in case of an electronic device; etc.

What steps must the police officer take regarding the informant or victim after completing the investigation?

The police officer must inform the progress of the investigation to the informant or victim, within ninety days, through any means including electronic communication.

What happens if the accused has been released on bail or bond?

The Magistrate, upon receiving the report, shall make appropriate orders for the discharge of the bond or bail bond, or otherwise as deemed fit.

What must the police officer forward to the Magistrate along with the report?

The police officer must forward all documents and statements recorded that the prosecution proposes to rely on or examine as witnesses, except those already sent during the investigation.

Can the police officer request the Magistrate to exclude any part of a witness statement?

Yes, if the officer believes any part of a statement is not relevant or its disclosure to the accused is not in the interest of justice or public interest, they can request the Magistrate to exclude that part from copies granted to the accused.

What must be supplied to the accused during trial?

The police officer must submit the required number of copies of the police report, along with other documents, to the Magistrate for the accused. Supply of these documents via electronic communication is considered valid service.

Can further investigation be conducted after a report has been submitted?

Yes, further investigation can be conducted, and any new evidence must be forwarded to the Magistrate in the same manner as the original report.

What should be done if further investigation occurs during a trial?

Further investigation during a trial can be conducted with the court’s permission and must be completed within ninety days, extendable with the court's approval.

What must a police officer do upon receiving information about a suspicious death or suicide?

The police officer must immediately inform the nearest Executive Magistrate and proceed to the location of the deceased. There, in the presence of respectable local inhabitants, the officer must investigate the cause of death and report the findings, including any visible injuries or wounds on the body.

What action must be taken if the death involves a woman within seven years of marriage?

The body must be forwarded to the nearest Civil Surgeon or qualified medical officer for examination, if weather conditions and distance allow, and if there is suspicion or doubt about the cause of death.

Who is empowered to hold inquests into suspicious deaths?

District Magistrates, Sub-divisional Magistrates, and other Executive Magistrates specially empowered by the State Government or District Magistrate are authorized to hold inquests.

Can a police officer summon individuals during an investigation into a suspicious death?

Yes, a police officer may summon individuals for investigation. These individuals must answer questions truthfully, except those that may expose them to criminal charges. However, certain persons such as minors, the elderly, women, and those with disabilities or illness cannot be required to attend the police station unless they are willing.

When must a Magistrate hold an inquiry into a cause of death?

A Magistrate must hold an inquiry in cases of suspicious deaths, particularly if it involves a woman within seven years of marriage or if there is a reasonable suspicion of a crime. They may also hold an inquiry in other cases or if a person dies while in police custody.

What must the Magistrate do if they consider it necessary to examine a body that has already been interred?

The Magistrate may order the body to be disinterred for examination to discover the cause of death.

Therefore, the BNSS strengthens the role of police in the investigative process while maintaining judicial oversight and procedural fairness. By clearly defining the methods of gathering information and limiting the extent of police powers, the legislation seeks to balance the necessity of thorough investigations with the protection of individual rights. This modernized framework not only aims to streamline the investigative process but also enhances public confidence in the justice system, ensuring that both law enforcement and legal standards are upheld.

Muneeb Rashid Malik is an Advocate practicing before the Hon’ble Supreme Court of India, Hon’ble High Court of Delhi and Hon’ble High Court of Jammu & Kashmir and Ladakh. He is the Legal Advisor to Kashmir Uzma. He tweets @muneebmalikrash