Bharatiya Nagarik Suraksha Sanhita (BNSS) provides a structured framework for the completion of investigations and the submission of police reports. This article will focus on Section 193 of BNSS, shedding light on the processes involved in filing a police report and chargesheet under BNSS.
Completion of Investigations:
Section 193(1) of BNSS thrusts upon timely completion of investigations, which will quicken up the criminal proceedings and will in turn contribute in obtaining justice in a quick manner.
Timeframes for Specific Offences:
Section 193(2) introduces specific timeframes for investigations, notably for offences under sections 64, 65, 66, 67, 68, 70, 71 of the Bharatiya Nyaya Sanhita, 2023, or sections 4, 6, 8, or 10 of the Protection of Children from Sexual Offences Act, 2012. Such investigations are mandated to conclude within two months from the date of recording the information.
Submission of Police Report:
Upon the completion of an investigation, Section 193(3) outlines the procedure for the police officer in charge of the station to forward a report to the Magistrate. This report includes crucial information such as names of parties, nature of the information, details of arrests, and other essential details.
In this police report, the police officer in question may file a chargesheet or a closure report. Chargesheet will be filed if the police officer in question thinks that there are evidences to support conviction of accused and closure report will be filed if such police officer thinks that no offence is made out against the accused.
Communication and Information Dissemination:
Section 193(3)(ii) and (iii) mandate the police officer to inform the progress of the investigation within ninety days, using various means including electronic communication. Additionally, the officer communicates the action taken to the informant or victim as per the rules set by the State Government.
Role of Superior Officer:
In cases directed by the State Government under specific orders, Section 193(4) allows a superior officer of police to submit the report. This officer may also instruct further investigation, pending the orders of the Magistrate.
Discharge of Bond by Magistrate:
Section 193(5) gives the Magistrate the authority to make an order for the discharge of the accused's bond if the report indicates that the accused has been released on bail.
Documentation for Prosecution:
When dealing with cases under Section 190 of BNSS, Section 193(6) necessitates the police officer to forward relevant documents and statements recorded under Section 180 of BNSS to the Magistrate. This includes documents on which the prosecution proposes to rely and statements of potential witnesses.
Exclusion of Irrelevant Information
Section 193(7) empowers the police officer to indicate and request the Magistrate to exclude irrelevant parts of a statement from copies to be granted to the accused. This is based on the officer's opinion that such information is not essential for the interests of justice.
Supply of Documents to Accused:
Section 193(8) outlines the submission of copies of the police report and other documents to the Judicial Magistrate for supply to the accused, in compliance with Section 230. Electronic communication is recognized as a valid means of serving reports and documents.
Further Investigation and Chargesheet:
Section 193(9) clarifies that further investigation is not precluded after the submission of the initial report. If the officer in charge obtains additional evidence, oral or documentary, a further report or reports are to be forwarded to the Magistrate in the prescribed format by the State Government.
Flexibility During Trial:
The proviso to Section 193(9) allows further investigation during the trial with the Court's permission. This must be completed within ninety days, extendable with the Court's consent.
Frequently Asked Questions (FAQs) on Police Reports and Chargesheets under BNSS:
Q1: What is BNSS, and how does it regulate investigations and police reports?
A1: Bharatiya Nagarik Suraksha Sanhita (BNSS) provides a structured framework for the completion of investigations and the submission of police reports, emphasizing timely actions without unnecessary delays.
Q2: Are there specific timeframes for completing investigations under BNSS?
A2: Yes, Section 193(2) establishes specific timeframes, especially for offences under designated sections. Investigations for such cases must conclude within two months from the date of recording the information.
Q3: What information does a police report under Section 193(3) include?
A3: The police report includes crucial details such as names of parties, nature of the information, details of arrests, and other essential information, submitted to the Magistrate upon completion of the investigation.
Q4: What is the purpose of a police report, and what options does the police officer have regarding its filing?
A4: The police officer may file a chargesheet if there is evidence supporting the accused's conviction. Alternatively, a closure report is filed if the officer believes no offence is made out against the accused.
Q5: How is the progress of the investigation communicated, and within what timeframe?
A5: Section 193(3)(ii) and (iii) mandate the police officer to inform the progress within ninety days, using various means, including electronic communication, to the informant or victim.
Q6: Can a superior officer submit the police report under BNSS?
A6: Yes, Section 193(4) allows a superior officer of police, appointed under Section 177, to submit the report. This officer may also direct further investigation, pending the orders of the Magistrate.
Q7: What authority does the Magistrate have regarding the accused's bond?
A7: Section 193(5) gives the Magistrate the authority to make an order for the discharge of the accused's bond if the report indicates that the accused has been released on bail.
Q8: What documents are forwarded to the Magistrate for prosecution under BNSS?
A8: Section 193(6) mandates the police officer to forward relevant documents and statements recorded under Section 180, including those the prosecution proposes to rely on and statements of potential witnesses.
Q9: Can irrelevant information be excluded from the copies granted to the accused?
A9: Yes, Section 193(7) empowers the police officer to request the Magistrate to exclude irrelevant parts of a statement if deemed non-essential for the interests of justice.
Q10: How are documents served to the accused, and is electronic communication recognized?
A10: Section 193(8) outlines the submission of copies of the police report and other documents to the Judicial Magistrate for supply to the accused, recognizing electronic communication as a valid means of serving reports and documents.
Q11: Is further investigation possible after the initial report?
A11: Yes, Section 193(9) clarifies that further investigation is not precluded after the initial report. If additional evidence is obtained, further reports are forwarded to the Magistrate following prescribed formats.
Q12: Can further investigation occur during the trial, and what are the time limits?
A12: The proviso to Section 193(9) allows further investigation during the trial with the Court's permission. It must be completed within ninety days, extendable with the Court's consent.
Police report under BNSS (Bharatiya Nagarik Suraksha Sanhita)
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