Comparative Analysis of Information Recording in Cognizable Offenses: IPC Section 154 vs. BNSS Section 173
Sections Section 154 of the Indian Penal Code (IPC) and Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), outline procedures regarding reporting of information in a cognizable case.
In this article, we will focus on the specific differences between these two sections.
1. Recording Information:
IPC Section 154: This section mandates that information related to a cognizable offense should be given orally or in writing to the officer in charge of a police station.
BNSS Section 173: In contrast, Section 173 of the BNSS extends the modes of providing information to include oral, written, or electronic communication. It emphasizes the recording of information by the officer in charge within three days if received electronically.
2. Electronic Communication:
IPC Section 154: The IPC doesn't explicitly address information received through electronic communication.
BNSS Section 173: Recognizing the technological evolution, Section 173 explicitly includes information received electronically, underlining the need for it to be signed within three days by the informant.
3. Recording by Women or Women Officers:
IPC Section 154: While IPC provides a specific proviso for information given by women, it doesn't explicitly mandate the involvement of a woman police officer.
BNSS Section 173: Section 173 requires the recording of information by a woman police officer or any woman officer when the informant is a woman or the case involves specific offenses.
4. Videography:
IPC Section 154: The IPC lacks provisions for videographing the process of recording information.
BNSS Section 173: In a move towards transparency, Section 173 mandates the videographing of the recording process, especially in cases involving mentally or physically disabled persons.
5. Copy of Information:
IPC Section 154: This section ensures that a free copy of the recorded information is provided forthwith to the informant.
BNSS Section 173: Similar to IPC, Section 173 reinforces the provision for furnishing a free copy of the information recorded to the informant or the victim.
6. Preliminary Enquiry:
IPC Section 154: The IPC does not explicitly mention a preliminary inquiry by the officer in charge.
BNSS Section 173: Section 173 introduces the concept of a preliminary inquiry, allowing the officer in charge to conduct a preliminary examination to ascertain the prima facie case before deciding on a full investigation.
In conclusion, these differences in procedural aspects under IPC Section 154 and BNSS Section 173 are important to understand the changes between these laws. Section 173 BNSS aims at making the criminal justice system more swift and convenient for the informant and tries to make the whole process of lodging FIR time bound by taking into account various technological advances.
Comparative analysis between Section 154 CRPC and Section 173 BNSS (Key differences)
Comments