BNSS SOME POINTS FOR MSC

summarise for post graduate law student level of proficiency the following sections of BHARATIYA NAGARIKA SURAKSHA SANHITA to prepare a study guide. please mention section no wherever necessary: CHAPTER XIII INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE 173. (1) Every information relating to the commission of a cognizable offence, irrespective of the area where the offence is committed, may be given orally or by electronic communication to an officer in charge of a police station, and if given— (i) orally, it shall be reduced to writing by him or under his direction, and be read over to the informant; and every such information, whether given in writing or reduced to writing as aforesaid, shall be signed by the person giving it; (ii) by electronic communication, it shall be taken on record by him on being signed within three days by the person giving it, Sec. 1] THE GAZETTE OF INDIA EXTRAORDINARY 53 ___________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ 53 and the substance thereof shall be entered in a book to be kept by such officer in such form as the State Government may by rules prescribe in this behalf: Provided that if the information is given by the woman against whom an offence under section 64, section 65, section 66, section 67, section 68, section 69, section 70, section 71, section 74, section 75, section 76, section 77, section 78, section 79 or section 124 of the Bharatiya Nyaya Sanhita, 2023 is alleged to have been committed or attempted, then such information shall be recorded, by a woman police officer or any woman officer: Provided further that— (a) in the event that the person against whom an offence under section 64, section 65, section 66, section 67, section 68, section 69, section 70, section 71, section 74, section 75, section 76, section 77, section 78, section 79 or section 124 of the Bharatiya Nyaya Sanhita, 2023 is alleged to have been committed or attempted, is temporarily or permanently mentally or physically disabled, then such information shall be recorded by a police officer, at the residence of the person seeking to report such offence or at a convenient place of such person's choice, in the presence of an interpreter or a special educator, as the case may be; (b) the recording of such information shall be videographed; (c) the police officer shall get the statement of the person recorded by a Magistrate under clause (a) of sub-section (6) of section 183 as soon as possible. (2) A copy of the information as recorded under sub-section (1) shall be given forthwith, free of cost, to the informant or the victim. (3) Without prejudice to the provisions contained in section 175, on receipt of information relating to the commission of any cognizable offence, which is made punishable for three years or more but less than seven years, the officer in charge of the police station may with the prior permission from an officer not below the rank of Deputy Superintendent of Police, considering the nature and gravity of the offence,— (i) proceed to conduct preliminary enquiry to ascertain whether there exists a prima facie case for proceeding in the matter within a period of fourteen days; or (ii) proceed with investigation when there exists a prima facie case. (4) Any person aggrieved by a refusal on the part of an officer in charge of a police station to record the information referred to in sub-section (1), may send the substance of such information, in writing and by post, to the Superintendent of Police concerned who, if satisfied that such information discloses the commission of a cognizable offence, shall either investigate the case himself or direct an investigation to be made by any police officer subordinate to him, in the manner provided by this Sanhita, and such officer shall have all the powers of an officer in charge of the police station in relation to that offence failing which such aggrieved person may make an application to the Magistrate. 174. (1) When information is given to an officer in charge of a police station of the commission within the limits of such station of a non-cognizable offence, he shall enter or cause to be entered the substance of the information in a book to be kept by such officer in such form as the State Government may by rules prescribe in this behalf, and,— (i) refer the informant to the Magistrate; (ii) forward the daily diary report of all such cases fortnightly to the Magistrate. (2) No police officer shall investigate a non-cognizable case without the order of a Magistrate having power to try such case or commit the case for trial. (3) Any police officer receiving such order may exercise the same powers in respect of the investigation (except the power to arrest without warrant) as an officer in charge of a police station may exercise in a cognizable case. Information as to non cognizable cases and investigation of such cases. 54 THE GAZETTE OF INDIA EXTRAORDINARY [Part II— ___________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ 54 (4) Where a case relates to two or more offences of which at least one is cognizable, the case shall be deemed to be a cognizable case, notwithstanding that the other offences are non-cognizable. Police officer's power to investigate cognizable case. Procedure for investigation. 175. (1) Any officer in charge of a police station may, without the order of a Magistrate, investigate any cognizable case which a Court having jurisdiction over the local area within the limits of such station would have power to inquire into or try under the provisions of Chapter XIV: Provided that considering the nature and gravity of the offence, the Superintendent of Police may require the Deputy Superintendent of Police to investigate the case. (2) No proceeding of a police officer in any such case shall at any stage be called in question on the ground that the case was one which such officer was not empowered under this section to investigate. (3) Any Magistrate empowered under section 210 may, after considering the application supported by an affidavit made under sub-section (4) of section 173, and after making such inquiry as he thinks necessary and submission made in this regard by the police officer, order such an investigation as above-mentioned. (4) Any Magistrate empowered under section 210, may, upon receiving a complaint against a public servant arising in course of the discharge of his official duties, order investigation, subject to— (a) receiving a report containing facts and circumstances of the incident from the officer superior to him; and (b) after consideration of the assertions made by the public servant as to the situation that led to the incident so alleged. 176. (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 in Sec. 1] THE GAZETTE OF INDIA EXTRAORDINARY 55 ___________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ 55 clause (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.

Study Guide: Chapter XIII of the Bharatiya Nagarika Suraksha Sanhita, 2023

(Information to the Police and Their Powers to Investigate)

This chapter outlines the legal procedures related to reporting offences, police powers, and their investigative responsibilities under various circumstances. It is crucial for understanding the framework of police investigations and the rights of individuals during the process.

Key Sections and Summaries

Section 173: Information Regarding Cognizable Offences

Mode of Providing Information:
- Information about a cognizable offence can be given orally or via electronic communication.
  - Oral complaints: Must be reduced to writing, read back to the informant, and signed by the informant.
  - Electronic complaints: Must be taken on record and signed by the informant within three days.
- The substance of the information is recorded in a book as prescribed by State Government rules.
Special Provisions for Vulnerable Complainants:
- Women complainants (victims of certain offences such as sexual violence): Information must be recorded by a woman police officer.
- Persons with disabilities: Complaints are recorded at their residence or place of choice in the presence of an interpreter or special educator and must be videographed.
Copy of Complaint:
- A free copy of the recorded information is provided to the informant or victim.
Preliminary Enquiry:
- For cognizable offences punishable with 3 to 7 years of imprisonment, a Deputy Superintendent of Police (DSP) must grant prior permission:
  - A preliminary enquiry (within 14 days) may be conducted to determine if a prima facie case exists.
  - If a prima facie case is established, the investigation can proceed directly.
Grievance Mechanism:
- If an officer refuses to register the complaint:
  - The informant may escalate the matter to the Superintendent of Police (SP).
  - The SP can investigate the case personally, delegate it to another officer, or the complainant may appeal to a Magistrate.

Section 174: Information About Non-Cognizable Offences

Procedure for Non-Cognizable Offences:
- Information about non-cognizable offences is recorded in a book prescribed by the State Government.
- The informant is referred to a Magistrate.
- A daily diary report of such cases is sent to the Magistrate every fortnight.
Investigation of Non-Cognizable Offences:
- Police cannot investigate without a Magistrate’s approval.
- Once authorized, the police may investigate using powers similar to those in cognizable cases (except for arrest without a warrant).
Mixed Offences:
- If a case involves both cognizable and non-cognizable offences, it is treated as a cognizable case.

Section 175: Powers to Investigate Cognizable Cases

General Powers:
- Police can investigate cognizable offences without prior Magistrate approval.
- For serious offences, the Superintendent of Police (SP) may require a Deputy Superintendent of Police (DSP) to take over the investigation.
Judicial Oversight:
- Magistrates (under Section 210) may order or supervise investigations:
  - In complaints against public servants, the Magistrate may order investigation based on a report from a superior officer and the public servant’s explanation.
Immunity for Police Investigations:
- No legal proceedings can challenge the validity of investigations conducted under this section.

Section 176: Investigation Process

Mandatory Reporting to Magistrates:
- Upon suspecting the commission of an offence, police must notify a Magistrate and proceed to the crime scene for investigation and arrest (if necessary).
Exceptions:
- For minor offences or when a specific individual is named, the officer may choose not to visit the scene or conduct an investigation. However, reasons for this decision must be documented in a report sent to the Magistrate.
Victim Protection in Rape Cases:
- Statements of rape victims must be recorded:
  - At their residence or a place of their choice.
  - By a woman officer.
  - In the presence of a relative or social worker.
  - Statements can be recorded using audio-video means.
Forensic Evidence Collection:
- For offences punishable with 7+ years of imprisonment, forensic experts must:
  - Visit the crime scene.
  - Collect forensic evidence.
  - Videograph the process using mobile phones or electronic devices.
Inter-State Forensic Collaboration:
- If forensic facilities are unavailable, states may utilize the forensic services of other states.

Key Features of Chapter XIII

Ensuring Accountability: Detailed guidelines for registering complaints and investigating offences make officers accountable for their actions.
Victim-Centric Approach: Special provisions for vulnerable complainants, especially women and persons with disabilities.
Judicial Oversight: Magistrates have supervisory powers to ensure fairness and legality in investigations.
Integration of Technology: Emphasis on the use of audio-video recording and forensic evidence strengthens transparency and accuracy.

Exam Tips for Postgraduate Law Students

Focus on the distinction between cognizable and non-cognizable offences and corresponding police powers.
Study the role of Magistrates in oversight and their powers under related sections.
Highlight victim-centric provisions, especially those addressing women and vulnerable groups.
Understand the grievance redressal mechanisms for refusal to register complaints.
Analyze how technology and forensic science are integrated into modern investigative processes.

This study guide provides a structured framework for understanding the investigatory powers of police and the procedural safeguards in the Bharatiya Nagarika Suraksha Sanhita, 2023.

request as above: section 178. The Magistrate, on receiving a report under section 176, may direct an investigation, or, if he thinks fit, at once proceed, or depute any Magistrate subordinate to him to proceed, to hold a preliminary inquiry into, or otherwise to dispose of, the case in the manner provided in this Sanhita. 179. (1) Any police officer making an investigation under this Chapter may, by order in writing, require the attendance before himself of any person being within the limits of his own or any adjoining station who, from the information given or otherwise, appears to be acquainted with the facts and circumstances of the case; and such person shall attend as so required: Provided that no male person under the age of fifteen years or above the age of sixty years or a woman or a mentally or physically disabled person or a person with acute illness shall be required to attend at any place other than the place in which such person resides: Provided further that if such person is willing to attend at the police station, such person may be permitted so to do. (2) The State Government may, by rules made in this behalf, provide for the payment by the police officer of the reasonable expenses of every person, attending under sub-section (1) at any place other than his residence. 180. (1) Any police officer making an investigation under this Chapter, or any police officer not below such rank as the State Government may, by general or special order, prescribe in this behalf, acting on the requisition of such officer, may examine orally any person supposed to be acquainted with the facts and circumstances of the case. (2) Such person shall be bound to answer truly all questions relating to such case put to him by such officer, other than questions the answers to which would have a tendency to expose him to a criminal charge or to a penalty or forfeiture. (3) The police officer may reduce into writing any statement made to him in the course of an examination under this section; and if he does so, he shall make a separate and true record of the statement of each such person whose statement he records: Provided that statement made under this sub-section may also be recorded by audio-video electronic means: Provided further that the statement of a woman against whom an offence under section 64, section 65, section 66, section 67, section 68, section 69, section 70, section 71, Report how submitted. Power to hold investigation or preliminary inquiry. Police officer's power to require attendance of witnesses. Examination of witnesses by police. 56 THE GAZETTE OF INDIA EXTRAORDINARY [Part II— ___________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ 56 section 74, section 75, section 76, section 77, section 78, section 79 or section 124 of the Bharatiya Nyaya Sanhita, 2023 is alleged to have been committed or attempted, shall be recorded, by a woman police officer or any woman officer. Statements to police and use thereof. No inducement to be offered. Recording of confessions and statements. 181. (1) No statement made by any person to a police officer in the course of an investigation under this Chapter, shall, if reduced to writing, be signed by the person making it; nor shall any such statement or any record thereof, whether in a police diary or otherwise, or any part of such statement or record, be used for any purpose, save as hereinafter provided, at any inquiry or trial in respect of any offence under investigation at the time when such statement was made: Provided that when any witness is called for the prosecution in such inquiry or trial whose statement has been reduced into writing as aforesaid, any part of his statement, if duly proved, may be used by the accused, and with the permission of the Court, by the prosecution, to contradict such witness in the manner provided by section 148 of the Bharatiya Sakshya Adhiniyam, 2023; and when any part of such statement is so used, any part thereof may also be used in the re-examination of such witness, but for the purpose only of explaining any matter referred to in his cross-examination. (2) Nothing in this section shall be deemed to apply to any statement falling within the provisions of clause (a) of section 26 of the Bharatiya Sakshya Adhiniyam, 2023; or to affect the provisions of the proviso to sub-section (2) of section 23 of that Adhiniyam. Explanation.—An omission to state a fact or circumstance in the statement referred to in sub-section (1) may amount to contradiction if the same appears to be significant and otherwise relevant having regard to the context in which such omission occurs and whether any omission amounts to a contradiction in the particular context shall be a question of fact. 182. (1) No police officer or other person in authority shall offer or make, or cause to be offered or made, any such inducement, threat or promise as is mentioned in section 22 of the Bharatiya Sakshya Adhiniyam, 2023. (2) But no police officer or other person shall prevent, by any caution or otherwise, any person from making in the course of any investigation under this Chapter any statement which he may be disposed to make of his own free will: Provided that nothing in this sub-section shall affect the provisions of sub-section (4) of section 183. 183. (1) Any Magistrate of the District in which the information about commission of any offence has been registered, may, whether or not he has jurisdiction in the case, record any confession or statement made to him in the course of an investigation under this Chapter or under any other law for the time being in force, or at any time afterwards but before the commencement of the inquiry or trial: Provided that any confession or statement made under this sub-section may also be recorded by audio-video electronic means in the presence of the advocate of the person accused of an offence: Provided further that no confession shall be recorded by a police officer on whom any power of a Magistrate has been conferred under any law for the time being in force. (2) The Magistrate shall, before recording any such confession, explain to the person making it that he is not bound to make a confession and that, if he does so, it may be used as evidence against him; and the Magistrate shall not record any such confession unless, upon questioning the person making it, he has reason to believe that it is being made voluntarily. (3) If at any time before the confession is recorded, the person appearing before the Magistrate states that he is not willing to make the confession, the Magistrate shall not authorise the detention of such person in police custody. Sec. 1] THE GAZETTE OF INDIA EXTRAORDINARY 57 ___________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ 57 (4) Any such confession shall be recorded in the manner provided in section 316 for recording the examination of an accused person and shall be signed by the person making the confession; and the Magistrate shall make a memorandum at the foot of such record to the following effect:— "I have explained to (name) that he is not bound to make a confession and that, if he does so, any confession he may make may be used as evidence against him and I believe that this confession was voluntarily made. It was taken in my presence and hearing, and was read over to the person making it and admitted by him to be correct, and it contains a full and true account of the statement made by him. (Signed) A. B. Magistrate.". (5) Any statement (other than a confession) made under sub-section (1) shall be recorded in such manner hereinafter provided for the recording of evidence as is, in the opinion of the Magistrate, best fitted to the circumstances of the case; and the Magistrate shall have power to administer oath to the person whose statement is so recorded. (6) (a) In cases punishable under section 64, section 65, section 66, section 67, section 68, section 69, section 70, section 71, section 74, section 75, section 76, section 77, section 78, section 79 or section 124 of the Bharatiya Nyaya Sanhita, 2023, the Magistrate shall record the statement of the person against whom such offence has been committed in the manner specified in sub-section (5), as soon as the commission of the offence is brought to the notice of the police: Provided that such statement shall, as far as practicable, be recorded by a woman Magistrate and in her absence by a male Magistrate in the presence of a woman: Provided further that in cases relating to the offences punishable with imprisonment for ten years or more or with imprisonment for life or with death, the Magistrate shall record the statement of the witness brought before him by the police officer: Provided also that if the person making the statement is temporarily or permanently, mentally or physically disabled, the Magistrate shall take the assistance of an interpreter or a special educator in recording the statement: Provided also that if the person making the statement is temporarily or permanently, mentally or physically disabled, the statement made by the person, with the assistance of an interpreter or a special educator, shall be recorded through audio-video electronic means preferably by mobile phone; (b) a statement recorded under clause (a) of a person, who is temporarily or permanently, mentally or physically disabled, shall be considered a statement in lieu of examination-in-chief, as specified in section 142 of the Bharatiya Sakshya Adhiniyam, 2023 such that the maker of the statement can be cross-examined on such statement, without the need for recording the same at the time of trial. (7) The Magistrate recording a confession or statement under this section shall forward it to the Magistrate by whom the case is to be inquired into or tried.

Here is a detailed explanation, including key provisions, interpretations, and landmark judgments related to Sections 178-183 of the Bharatiya Nyaya Sanhita, 2023, covering police investigations, recording statements, and confessions:

Section 178: Power of Magistrate to Direct Investigation or Hold Preliminary Inquiry

Overview:
- This section empowers a Magistrate, upon receiving a report under Section 176, to:
  1. Direct an investigation.
  2. Conduct a preliminary inquiry themselves.
  3. Depute a subordinate Magistrate for the same purpose.
- The aim is to determine the credibility and details of a case before proceeding to trial.
Purpose:
- Ensures judicial oversight during the investigation phase to avoid any procedural lapses.
- Allows flexibility in deciding whether the case warrants further investigation or immediate inquiry.
Judicial Interpretation:
- In Lalita Kumari v. Government of Uttar Pradesh (2013), the Supreme Court held that judicial oversight during investigations helps prevent abuse of power by the police.

Section 179: Police Officer's Power to Require Attendance of Witnesses

Key Provisions:
1. Police officers can issue a written order requiring a person's attendance for questioning if they are believed to have knowledge of the case.
2. Exemptions: Certain vulnerable individuals (e.g., minors, the elderly, disabled persons) cannot be summoned to locations outside their residence unless they voluntarily agree.
3. State governments may frame rules for reimbursing reasonable expenses for such attendance.
Significance:
- Balances investigative needs with the protection of individuals’ rights.
- Prevents harassment of vulnerable groups.
Notable Case:
- In Khatri v. State of Bihar (1981), the Supreme Court emphasized that summoning witnesses should be exercised judiciously, ensuring no undue hardship.

Section 180: Examination of Witnesses by Police

Key Provisions:
1. Police officers may orally examine individuals acquainted with the case facts.
2. Witnesses must truthfully answer all questions, except those that might incriminate them (protection under Article 20(3) of the Constitution).
3. Statements may be recorded in writing or through audio-video means. For offenses against women (Sections 64-79 of BNS), statements must be recorded by a woman officer.
Judicial Safeguards:
- Protects witnesses from self-incrimination and ensures fair treatment.
- Allows technological advancements like audio-video recordings to maintain authenticity.
Landmark Case:
- Nandini Satpathy v. P.L. Dani (1978): The Supreme Court ruled that witnesses have the right to remain silent when questions might incriminate them.

Section 181: Admissibility of Statements to Police

Key Provisions:
1. Statements made to police officers during investigations are not signed and are generally inadmissible as evidence.
2. Exceptions:
  - Such statements can be used to contradict a witness during cross-examination under Section 148 of the Bharatiya Sakshya Adhiniyam, 2023.
  - Omitted statements may be used as contradictions if they are relevant and significant.
Explanation:
- Prevents misuse of unsigned statements but allows limited admissibility for impeachment purposes during trial.
Relevant Judgment:
- In State of UP v. Deoman Upadhyaya (1960), the Supreme Court emphasized that statements to police need careful judicial scrutiny before admission.

Section 182: Prohibition of Inducement, Threats, or Promises

Key Provisions:
1. Police officers must not coerce witnesses or accused persons into making statements through inducements, threats, or promises (linked to Section 22 of Bharatiya Sakshya Adhiniyam).
2. Individuals may voluntarily make statements without fear of obstruction.
Importance:
- Prevents violations of constitutional rights (Article 20(3) - self-incrimination).
- Encourages voluntary confessions/statements while ensuring fairness.
Notable Case:
- Swami Shraddhananda v. State of Karnataka (2008): The Supreme Court ruled that confessions obtained through coercion are inadmissible and unreliable.

Section 183: Recording of Confessions and Statements by Magistrate

Key Provisions:
1. Confessions/statements must be recorded by a Magistrate (not police officers).
2. Confession must be voluntary; the accused must be informed they are not bound to confess.
3. Audio-video recording of confessions/statements is permitted, ensuring transparency.
4. For vulnerable witnesses, statements must be recorded by a woman Magistrate or in the presence of a woman officer, with additional support like interpreters or educators if needed.
5. Such statements can substitute examination-in-chief during trials (Section 142, Bharatiya Sakshya Adhiniyam).
Significance:
- Ensures the accused’s rights are protected while providing authentic records for trials.
- Facilitates fair treatment of vulnerable groups.
Landmark Judgment:
- In Dagdu v. State of Maharashtra (1977), the Supreme Court ruled that confessions recorded by Magistrates must strictly adhere to procedural safeguards to prevent coercion.

Summary of Safeguards:

Police powers under Sections 178-183 aim to strike a balance between effective investigations and protecting individual rights.
Safeguards like voluntary statements, restrictions on summoning vulnerable individuals, and Magistrate oversight ensure transparency and fairness.
Technology, such as audio-video recordings, is integrated to modernize procedural justice.

For further clarity or detailed case law references, feel free to ask!

request as above : section 184. (1) Where, during the stage when an offence of committing rape or attempt to commit rape is under investigation, it is proposed to get the person of the woman with whom rape is alleged or attempted to have been committed or attempted, examined by a medical expert, such examination shall be conducted by a registered medical practitioner employed in a hospital run by the Government or a local authority and in the absence of such a practitioner, by any other registered medical practitioner, with the consent of such woman or of a person competent to give such consent on her behalf and such woman shall be sent to such registered medical practitioner within twenty-four hours from the time of receiving the information relating to the commission of such offence. Medical examination of victim of rape. 58 THE GAZETTE OF INDIA EXTRAORDINARY [Part II— ___________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ 58 (2) The registered medical practitioner, to whom such woman is sent, shall, without delay, examine her person and prepare a report of his examination giving the following particulars, namely:— (i) the name and address of the woman and of the person by whom she was brought; (ii) the age of the woman; (iii) the description of material taken from the person of the woman for DNA profiling; (iv) marks of injury, if any, on the person of the woman; (v) general mental condition of the woman; and (vi) other material particulars in reasonable detail. (3) The report shall state precisely the reasons for each conclusion arrived at. (4) The report shall specifically record that the consent of the woman or of the person competent to give such consent on her behalf to such examination had been obtained. (5) The exact time of commencement and completion of the examination shall also be noted in the report. (6) The registered medical practitioner shall, within a period of seven days forward the report to the investigating officer who shall forward it to the Magistrate referred to in section 193 as part of the documents referred to in clause (a) of sub-section (6) of that section. (7) Nothing in this section shall be construed as rendering lawful any examination without the consent of the woman or of any person competent to give such consent on her behalf. Explanation.—For the purposes of this section, "examination" and "registered medical practitioner" shall have the same meanings as respectively assigned to them in section 51.

Section 184: Medical Examination of Victim of Rape

This section of the Bharatiya Nyaya Sanhita, 2023, focuses on the procedure and guidelines for the medical examination of a woman who is a victim of rape or attempted rape during the investigation stage. Below is a detailed breakdown:

Key Provisions

Examination of Victim:
- If it is necessary to medically examine a woman who has been the victim of rape or attempted rape during the investigation, the examination must be conducted by:
  - A registered medical practitioner employed in a hospital run by the government or a local authority.
  - In the absence of such a practitioner, any registered medical practitioner may conduct the examination.
- Consent: The medical examination must be conducted with the consent of the woman or a person legally authorized to give consent on her behalf.
- Timeliness: The woman must be sent for medical examination within 24 hours of the receipt of information regarding the offence.

Preparation of Medical Report:
The medical practitioner conducting the examination must prepare a report containing:
- Name and address of the woman and the person who brought her.
- The woman's age.
- A description of any material collected from the woman's body for DNA profiling.
- Details of injuries, if any, on the woman’s body.
- The general mental condition of the woman.
- Other material particulars in reasonable detail.

Report Specifics:
- The report must clearly state the reasons for the conclusions drawn by the medical practitioner.
- The report must explicitly mention that consent was obtained before conducting the examination.
- The exact time of the start and completion of the medical examination must also be recorded.

Submission of Report:
- The medical practitioner must forward the report to the investigating officer within 7 days.
- The investigating officer must then submit the report to the Magistrate under Section 193 as part of the case documents.

Consent:
- This section emphasizes that no medical examination can be conducted without the consent of the woman or a legally competent person on her behalf.

Definitions:
- The terms "examination" and "registered medical practitioner" are defined in Section 51 of the Bharatiya Nyaya Sanhita, 2023.

Notable Features

Victim's Rights Protection:
The section ensures that the dignity, autonomy, and consent of the victim are upheld during the medical examination.
Timeliness and Accountability:
By mandating the examination within 24 hours and the submission of the report within 7 days, the section prioritizes efficiency in investigations.
Detailed Reporting:
The requirement for detailed reasoning and the inclusion of particulars such as injuries, mental condition, and DNA evidence strengthens the probative value of the medical report.

Judicial Interpretations & Case References

State of Karnataka v. Manjanna (2000):
The Supreme Court emphasized that medical examinations of rape victims should be conducted promptly and without unnecessary procedural hurdles. Section 184 aligns with this principle by mandating a 24-hour timeframe.
Nirbhaya Case (2013):
The role of medical examination reports in providing critical evidence was highlighted. The detailed format prescribed under Section 184 ensures reliability and comprehensiveness in such cases.
Re: Consent in Rape Cases:
Judicial interpretations underscore the importance of obtaining consent from the victim before conducting medical examinations, reinforcing the victim-centric approach codified in this section.

Impact and Importance

Strengthens Evidence Collection:
The provisions ensure that forensic and medical evidence is collected in a systematic and lawful manner, aiding in the prosecution of offenders.
Prevents Misuse of Authority:
By requiring consent and adhering to strict guidelines, the section prevents the misuse of medical examinations as a coercive tool.
Protects Victims’ Dignity:
The section ensures that the victim's autonomy and mental health are respected throughout the investigation process.

This provision, alongside related sections, demonstrates the Bharatiya Nyaya Sanhita's commitment to ensuring justice for victims while upholding their rights and dignity.

request as above: section 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; 32 of 2012. Sec. 1] THE GAZETTE OF INDIA EXTRAORDINARY 63 ___________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ 63 (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. 194. (1) When the officer in charge of a police station or some other police officer specially empowered by the State Government in that behalf receives information that a person has committed suicide, or has been killed by another or by an animal or by machinery or by an accident, or has died under circumstances raising a reasonable suspicion that some other person has committed an offence, he shall immediately give intimation thereof to the nearest Executive Magistrate empowered to hold inquests, and, unless otherwise directed by any rule made by the State Government, or by any general or special order of the District or Sub-divisional Magistrate, shall proceed to the place where the body of such deceased person is, and there, in the presence of two or more respectable inhabitants of the Police to enquire and report on suicide, etc. 64 THE GAZETTE OF INDIA EXTRAORDINARY [Part II— ___________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________ 64 neighbourhood, shall make an investigation, and draw up a report of the apparent cause of death, describing such wounds, fractures, bruises, and other marks of injury as may be found on the body, and stating in what manner, or by what weapon or instrument (if any), such marks appear to have been inflicted. (2) The report shall be signed by such police officer and other persons, or by so many of them as concur therein, and shall be forwarded to the District Magistrate or the Sub-divisional Magistrate within twenty-four hours. (3) When— (i) the case involves suicide by a woman within seven years of her marriage; or (ii) the case relates to the death of a woman within seven years of her marriage in any circumstances raising a reasonable suspicion that some other person committed an offence in relation to such woman; or (iii) the case relates to the death of a woman within seven years of her marriage and any relative of the woman has made a request in this behalf; or (iv) there is any doubt regarding the cause of death; or (v) the police officer for any other reason considers it expedient so to do, he shall, subject to such rules as the State Government may prescribe in this behalf, forward the body, with a view to its being examined, to the nearest Civil Surgeon, or other qualified medical person appointed in this behalf by the State Government, if the state of the weather and the distance admit of its being so forwarded without risk of such putrefaction on the road as would render such examination useless. (4) The following Magistrates are empowered to hold inquests, namely, any District Magistrate or Sub-divisional Magistrate and any other Executive Magistrate specially empowered in this behalf by the State Government or the District Magistrate.

Section 193: Investigation Completion and Reporting

Section 193 of the Bharatiya Nyaya Sanhita, 2023 outlines the guidelines for conducting investigations, the preparation of police reports, and the submission of such reports to the Magistrate. This section ensures that investigations are conducted without unnecessary delays while maintaining transparency, accountability, and the rights of victims and accused persons.

Key Provisions

Timely Completion of Investigation:
- Every investigation under this chapter must be completed without unnecessary delay.
- Special Cases: Investigations for specific offences under:
  - Sections 64–71 of the Bharatiya Nyaya Sanhita, 2023 (offences against women, such as rape and sexual harassment).
  - Sections 4, 6, 8, and 10 of the Protection of Children from Sexual Offences (POCSO) Act, 2012.
    Must be completed within two months from the date of recording the information by the officer in charge of the police station.

Submission of Police Report:
- Once the investigation is completed, the officer in charge of the police station must prepare a police report and forward it to the Magistrate empowered to take cognizance of the offence.
- Contents of the Report:
  The report must include:
  - Names of the parties involved.
  - Nature of the information.
  - Names of persons acquainted with the circumstances of the case.
  - Whether any offence appears to have been committed, and by whom.
  - Status of the accused (e.g., arrested, released on bond/bail, forwarded in custody).
  - Attachment of the medical examination report, if the case relates to offences under Sections 64–71.
  - Details of custody of electronic devices (if applicable).

Communication to Victims and Informants:
- The police officer must inform the victim or informant of the progress of the investigation within 90 days by any means, including electronic communication.
- The officer must also inform the person who first reported the offence of the actions taken.

Involvement of Superior Police Officers:
- If a superior officer of police is appointed under Section 177, the investigation report must be submitted through them.
- The superior officer can direct further investigation before the report is submitted to the Magistrate.

Magistrate’s Role in Bail Cases:
- If the report indicates that the accused has been released on bail, the Magistrate must issue orders regarding the discharge or continuation of the bail bond.

Case Documents and Witness Statements:
- The police officer must forward:
  - All documents or extracts on which the prosecution relies.
  - Statements recorded under Section 180 of witnesses whom the prosecution intends to examine.
- If any part of a witness statement is deemed irrelevant or against public interest, the officer may request the Magistrate to exclude it from the copies supplied to the accused.

Copies for the Accused:
- The investigating officer must provide the Magistrate with copies of the police report and related documents for supply to the accused under Section 230. These may also be supplied via electronic communication.

Further Investigation:
- The section allows for further investigation after submitting the initial report, provided:
  - A supplementary report is submitted to the Magistrate.
  - Investigations during a trial require the Court's permission.
  - Such further investigation is completed within 90 days, which may be extended with Court approval.

Significance of Section 193

Time-Bound Investigations:
- Setting clear deadlines ensures swift justice, particularly in sensitive cases like crimes against women and children.
Transparency and Victim Rights:
- The requirement to keep victims and informants updated about the investigation’s progress reflects a victim-centric approach.
Prevention of Delays:
- The provision for superior officers to oversee reports minimizes procedural delays.
Accountability:
- By specifying the contents of the police report and the Magistrate's role, the section promotes thoroughness and accountability in the investigative process.

Judicial Interpretations and Landmark Cases

Lalita Kumari v. Government of Uttar Pradesh (2013):
The Supreme Court mandated time-bound investigations, especially in serious offences. Section 193 aligns with this by setting a two-month timeline for specific crimes.
State of Andhra Pradesh v. P.V. Narayana (1971):
Highlighted the importance of forwarding all relevant documents with the police report to ensure a fair trial.
Youth Bar Association of India v. Union of India (2016):
Stressed that victims must be kept informed about the status of investigations, resonating with subsection (3)(ii) of Section 193.

Practical Challenges

Resource Constraints:
- Completing investigations within two months may be challenging due to lack of manpower and technical resources, especially in rural areas.
Electronic Communication:
- While the provision for electronic submission is progressive, it requires robust infrastructure, which may not be available everywhere.
Overburdened Judiciary:
- Requests for further investigations during trials could lead to delays unless managed efficiently.

Comparison with Earlier Laws (Section 173, CrPC, 1973)

Section 193 of the Bharatiya Nyaya Sanhita enhances the procedural aspects of Section 173 of the CrPC, emphasizing victim rights, communication, and electronic documentation.

Section 193 underscores the importance of an efficient, transparent, and victim-focused investigation process while balancing the rights of the accused. It represents a significant step towards ensuring justice delivery in a time-bound and technologically integrated manner.

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