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Wednesday, 11 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Bharatiya Nagarik Suraksha Sanhita, 2023 · Chapter XIII: Information To The Police And Their Powers To Investigate

Section 176 BNSS: Procedure for investigation

Corresponding CrPC
Section 157 CrPC
Note
New: allows the rape victim's statement to be recorded through audio-video electronic means including a mobile phone.

Bare Act text

(1) If, from information received or otherwise, an officer in charge of a police station has reason to suspect the commission of an offence which he is empowered under section 175 to investigate, he shall forthwith send a report of the same to a Magistrate empowered to take cognizance of such offence upon a police report and shall proceed in person, or shall depute one of his subordinate officers not being below such rank as the State Government may, by general or special order, prescribe in this behalf, to proceed, to the spot, to investigate the facts and circumstances of the case, and, if necessary, to take measures for the discovery and arrest of the offender:

Provided that—

(a) when information as to the commission of any such offence is given against any person by name and the case is not of a serious nature, the officer in charge of a police station need not proceed in person or depute a subordinate officer to make an investigation on the spot;

(b) if it appears to the officer in charge of a police station that there is no sufficient ground for entering on an investigation, he shall not investigate the case:

Provided further that in relation to an offence of rape, the recording of statement of the victim shall be conducted at the residence of the victim or in the place of her choice and as far as practicable by a woman police officer in the presence of her parents or guardian or near relatives or social worker of the locality and such statement may also be recorded through any audio-video electronic means including mobile phone.

(2) In each of the cases mentioned in clauses (a) and (b) of the first proviso to sub-section (1), the officer in charge of the police station shall state in his report the reasons for not fully complying with the requirements of that sub-section by him, and, forward the daily diary report fortnightly to the Magistrate and in the case mentioned inclause (b) of the said proviso, the officer shall also forthwith notify to the informant, if any, in such manner as may be prescribed by rules made by the State Government.

(3) On receipt of every information relating to the commission of an offence which is made punishable for seven years or more, the officer in charge of a police station shall, from such date, as may be notified within a period of five years by the State Government in this regard, cause the forensic expert to visit the crime scene to collect forensic evidence in the offence and also cause videography of the process on mobile phone or any other electronic device:

Provided that where forensic facility is not available in respect of any such offence, the State Government shall, until the facility in respect of that matter is developed or made in the State, notify the utilisation of such facility of any other State.

Text as enacted in the Bharatiya Nagarik Suraksha Sanhita, 2023 (Act No. 46 of 2023), in force from 1 July 2024. Source: India Code, Government of India.

In simple words

Requires an officer in charge of a police station who suspects an offence he may investigate to send a report to the Magistrate and proceed to investigate in person or through a subordinate. Provisos allow him not to attend in person in non-serious named cases, or not to investigate where there are insufficient grounds. In rape cases the victim's statement is recorded at her residence or place of choice, as far as practicable by a woman police officer.

Chapter XIII: Information To The Police And Their Powers To Investigate

  1. 173 Information in cognizable cases
  2. 174 Information as to non-cognizable cases and investigation of such cases
  3. 175 Police officer’s power to investigate cognizable case
  4. 176 Procedure for investigation
  5. 177 Report how submitted
  6. 178 Power to hold investigation or preliminary inquiry
  7. 179 Police officer's power to require attendance of witnesses
  8. 180 Examination of witnesses by police
  9. 181 Statements to police and use thereof
  10. 182 No inducement to be offered
  11. 183 Recording of confessions and statements
  12. 184 Medical examination of victim of rape
  13. 185 Search by police officer
  14. 186 When officer in charge of police station may require another to issue search-warrant
  15. 187 Procedure when investigation cannot be completed in twenty-four hours
  16. 188 Report of investigation by subordinate police officer
  17. 189 Release of accused when evidence deficient
  18. 190 Cases to be sent to Magistrate, when evidence is sufficient
  19. 191 Complainant and witnesses not to be required to accompany police officer and not to be subject to restraint
  20. 192 Diary of proceedings in investigation
  21. 193 Report of police officer on completion of investigation
  22. 194 Police to enquire and report on suicide, etc
  23. 195 Power to summon persons
  24. 196 Inquiry by Magistrate into cause of death