Section 193 of BNSS, 2023 (THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023)

Section 193 of BNSS, 2023 (THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023)

193. (1) Every investigation under this Chapter shall be completed without unnecessary delay. (2) The investigation in relation to an offence 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 shall be completed within two months from the date on which the information was recorded by the officer in charge of the police station. (3) (i) As soon as the investigation is completed, the officer in charge of the police station shall forward, including through electronic communication to a Magistrate empowered to take cognizance of the offence on a police report, a report in the form as the State Government may, by rules provide, stating— (a) the names of the parties; (b) the nature of the information; (c) the names of the persons who appear to be acquainted with the circumstances of the case; (d) whether any offence appears to have been committed and, if so, by whom; (e) whether the accused has been arrested; (f) whether the accused has been released on his bond or bail bond; (g) whether the accused has been forwarded in custody under section 190; (h) whether the report of medical examination of the woman has been attached where investigation relates to an offence under sections 64, 65, 66, 67, 68, 70 or section 71 of the Bharatiya Nyaya Sanhita, 2023; (i) the sequence of custody in case of electronic device; (ii) the police officer shall, within a period of ninety days, inform the progress of the
investigation by any means including through electronic communication to the informant
or the victim;
(iii) the officer shall also communicate, in such manner as the State Government may,
by rules, provide, the action taken by him, to the person, if any, by whom the information
relating to the commission of the offence was first given.
(4) Where a superior officer of police has been appointed under section 177, the
report shall, in any case in which the State Government by general or special order so
directs, be submitted through that officer, and he may, pending the orders of the Magistrate,
direct the officer in charge of the police station to make further investigation.
(5) Whenever it appears from a report forwarded under this section that the accused
has been released on his bond or bail bond, the Magistrate shall make such order for the
discharge of such bond or bail bond or otherwise as he thinks fit.
(6) When such report is in respect of a case to which section 190 applies, the police
officer shall forward to the Magistrate along with the report—
(a) all documents or relevant extracts thereof on which the prosecution proposes
to rely other than those already sent to the Magistrate during investigation;
(b) the statements recorded under section 180 of all the persons whom the
prosecution proposes to examine as its witnesses.
(7) If the police officer is of opinion that any part of any such statement is not relevant
to the subject matter of the proceedings or that its disclosure to the accused is not essential
in the interests of justice and is inexpedient in the public interest, he shall indicate that part
of the statement and append a note requesting the Magistrate to exclude that part from the
copies to be granted to the accused and stating his reasons for making such request.
(8) Subject to the provisions contained in sub-section (7), the police officer
investigating the case shall also submit such number of copies of the police report along
with other documents duly indexed to the Magistrate for supply to the accused as required
under section 230:
Provided that supply of report and other documents by electronic communication
shall be considered as duly served.
(9) Nothing in this section shall be deemed to preclude further investigation in respect
of an offence after a report under sub-section (3) has been forwarded to the Magistrate and,
where upon such investigation, the officer in charge of the police station obtains further
evidence, oral or documentary, he shall forward to the Magistrate a further report or reports
regarding such evidence in the form as the State Government may, by rules, provide; and
the provisions of sub-sections (3) to (8) shall, as far as may be, apply in relation to such
report or reports as they apply in relation to a report forwarded under sub-section (3):
Provided that further investigation during the trial may be conducted with the
permission of the Court trying the case and the same shall be completed within a period of
ninety days which may be extended with the permission of the Court

 

 

Advocate Anoop Verma, Punjab and Haryana High Court, Chandigarh

+91-9463742964

advanoopverma@gmail.com

www.vlaoffice.com/contact-us

 

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