Introduction:
Bharatiya Nagarik Suraksha Sanhita (BNSS) lays down essential procedures concerning investigations, chargesheets, and legal proceedings. Section 193 of the BNSS deals with the completion of investigations and the submission of a police report. This article will focus on the concept of further investigation and the filing of supplementary chargesheets under the BNSS.
Completion of Investigation and Initial Report:
Section 193(1) emphasizes the prompt completion of investigations without unnecessary delay. Upon concluding an investigation, the officer in charge of the police station is required to forward a report to the Magistrate empowered to take cognizance of the offence, as outlined in Section 193(3). This initial report includes vital information such as names of parties, nature of the information, details of arrests, and medical examination reports.
Timeframe for Investigation:
Section 193(2) establishes specific timeframes for the completion of investigations, particularly for offences under designated sections. For instance, offences under sections 64, 65, 66, 67, 68, 70, 71 of the Bharatiya Nyaya Sanhita, 2023, or under sections 4, 6, 8, or section 10 of the Protection of Children from Sexual Offences Act, 2012, are mandated to be completed within two months.
Further Investigation and Supplementary Chargesheet:
Despite the completion of the initial investigation, Section 193(9) explicitly states that nothing in this section shall preclude further investigation. If, upon further investigation, additional evidence is obtained, the officer in charge of the police station is required to forward a further report or reports regarding such evidence. These supplementary reports follow the format prescribed by the State Government rules.
Proviso to Section 193(9) of BNSS also puts a time limit within which further investigation must be completed. It says that 'further investigation during the trial may be permitted with the permission of the Court trying the case and the same shall be completed within a period of ninety days which may extend with the permission of the Court.'
Procedure for Further Investigation:
The officer undertaking further investigation is obligated to submit such reports to the Magistrate, ensuring that the process adheres to the rules established by the State Government. Moreover, Section 193(4) empowers a superior officer of police, appointed under Section 177, to direct further investigation if deemed necessary, pending the orders of the Magistrate.
Supplementary Chargesheet and Judicial Magistrate:
When submitting a further report in cases to which Section 190 applies, the police officer must forward all relevant documents and statements recorded under Section 180. This includes documents on which the prosecution proposes to rely and statements of persons whom the prosecution intends to examine as witnesses.
Exclusion of Irrelevant Information:
Section 193(7) provides provisions for the exclusion of irrelevant information. If the police officer believes that any part of a statement is not relevant to the proceedings or its disclosure is not essential in the interests of justice and is inexpedient in the public interest, they can request the Magistrate to exclude that part from the copies to be granted to the accused.
Conclusion:
The BNSS, through Section 193, establishes a comprehensive framework for the completion of investigations and the submission of reports. The provision for further investigation and supplementary chargesheets ensures that the criminal justice system remains dynamic, allowing for the inclusion of additional evidence even after the initial report has been forwarded.
Frequently Asked Questions (FAQs) on Further Investigation and Supplementary Chargesheets under BNSS:
1. What does Section 193 of BNSS primarily address?
- Section 193 of BNSS primarily deals with the completion of investigations and the submission of a police report in criminal proceedings.
2. What information is included in the initial report forwarded to the Magistrate?
- The initial report includes crucial details such as names of parties, nature of the information, details of arrests, and medical examination reports, as outlined in Section 193(3).
3. Are there specific timeframes for completing investigations under BNSS?
- Yes, Section 193(2) establishes specific timeframes for the completion of investigations, varying depending on the severity of the offence.
4. Can further investigation be conducted after the initial report is submitted?
- Yes, Section 193(9) explicitly allows for further investigation even after the initial report. Additional evidence obtained during further investigation is to be included in supplementary reports.
5. Is there a time limit for completing further investigation under BNSS?
- Yes, the proviso to Section 193(9) sets a time limit. Further investigation during the trial may be permitted, and it must be completed within ninety days, extendable with the permission of the Court.
6. Who can direct further investigation under BNSS?
- A superior officer of police, appointed under Section 177, can direct further investigation if deemed necessary, as stated in Section 193(4).
7. What documents must be forwarded in cases to which Section 190 applies during further investigation?
- The police officer must forward all relevant documents and statements recorded under Section 180 when submitting a further report, as per Section 193(6).
8. How does Section 193(7) address the exclusion of irrelevant information?
- Section 193(7) allows the police officer to indicate irrelevant parts of a statement and request the Magistrate to exclude those parts from the copies to be granted to the accused.
9. What does the flexibility provided by BNSS in further investigations contribute to the criminal justice system?
- The flexibility allows for the inclusion of additional evidence even after the initial report, contributing to the pursuit of truth and justice according to the evolving circumstances of a case.
10. How does BNSS strike a balance between completing investigations and allowing for further evidence to be considered?
- BNSS achieves this balance by providing a structured framework in Section 193, allowing for timely completion of investigations while also accommodating further investigation and supplementary chargesheets when additional evidence emerges.
Concept of Further investigation under BNSS (Bharatiya Nagarik Suraksha Sanhita)
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