Updated: July 2026 · GS-II Polity & Governance
Investigation under the BNSS
Sections 174 to 193,
Charted & Exam-Ready
The Bharatiya Nagarik Suraksha Sanhita, 2023 came into force on 1 July 2024, replacing the Code of Criminal Procedure, 1973. Chapter XIII (Sections 173–196) carries the entire law of police investigation — from registration of information to the charge sheet. This walkthrough runs Section 174 to Section 193 in sequence, flags every new forensic, electronic and time-bound duty, and maps each provision to its old CrPC equivalent.
Chapter
XIII · Ss. 173–196
Forensic visit
7 years+ offences
Victim update
Within 90 days
Sexual offences
Probe in 2 months
What "Investigation" Legally Means
Section 2(1)(l), BNSS defines investigation as all the proceedings under the Sanhita for the collection of evidence, conducted by a police officer or by any person (other than a Magistrate) authorised by a Magistrate in this behalf. Two consequences follow directly from the wording, and both are examined: investigation is a police function, not a judicial one; and a Magistrate can never himself "investigate" — he may only order, direct or hold an inquiry.
The registered FIR is the trigger; the six steps that follow are the investigation
Register FIR (S. 173)
→
Crime Scene Inspection
→
Search & Seizure
→
Medical Examination
→
Statements / Confession
→
Final Report
→
Charge Sheet or Closure Report
Everything between the FIR and the final report is the investigation stage. The charge sheet (police report under Section 193) and the closure report (release under Section 189 where evidence is deficient) are the two possible exits.
The First Fork: Cognizable or Non-Cognizable
Before any provision applies, the offence must be classified. The First Schedule of the BNSS does the classification; Section 2(1) defines both terms by reference to the power of arrest without warrant.
Offence
Cognizable
Police may arrest without warrant. Officer in charge may investigate without a Magistrate's order — Section 175(1). FIR registered under Section 173(1).
Non-Cognizable
No arrest without warrant. Police cannot investigate without the order of a competent Magistrate — Section 174(2). Informant is referred to the Magistrate.
Section 174 — Information as to Non-Cognizable Cases
- 174(1): The officer in charge enters the substance of the information in a book prescribed by the State Government, and then must (i) refer the informant to the Magistrate, and (ii) forward the daily diary report of all such cases fortnightly to the Magistrate.
- 174(2): No police officer shall investigate a non-cognizable case without the order of a Magistrate having power to try such case or commit it for trial.
- 174(3): A police officer receiving such an order may exercise the same investigative powers as in a cognizable case — except the power to arrest without warrant.
- 174(4): Where a case relates to two or more offences of which at least one is cognizable, the whole case is deemed cognizable, even though the other offences are non-cognizable.
📌 Precision Point — A Common Classroom Slip
Section 174(2) bars investigation "without the order of a Magistrate" — not "without a warrant". A warrant is process to compel appearance or authorise arrest; the Section 174(2) requirement is a judicial authorisation to investigate at all. Statement-based Prelims questions routinely swap these two words.
📌 What is new in BNSS here
The fortnightly forwarding of the daily diary report of all non-cognizable cases to the Magistrate is a fresh addition. Section 155 CrPC prescribed no timeline at all. The change converts a passive register into a standing channel of magisterial oversight over minor complaints.
Section 175 — Police Officer's Power to Investigate a Cognizable Case
| Limb | Provision |
|---|---|
| Investigation authority — 175(1) | An officer in charge of a police station may investigate any cognizable case without a Magistrate's order, where a Court having jurisdiction over the local area of that station would have power to inquire into or try the offence. |
| SP oversight — proviso to 175(1) | Considering the nature and gravity of the offence, the Superintendent of Police may require the Deputy Superintendent of Police to investigate the case. |
| Validity of investigation — 175(2) | No proceeding of a police officer shall at any stage be called in question on the ground that the case was one which such officer was not empowered to investigate. |
| Magistrate's role — 175(3) | A Magistrate empowered under Section 210 may order an investigation, after considering an application supported by an affidavit made under Section 173(4), after such inquiry as he thinks necessary, and after submission of a report by the police officer concerned. |
| Complaints against public servants — 175(4) | Where the complaint is against a public servant and arises in the course of discharge of official duties, the Magistrate may order investigation subject to — (a) receipt of a report on the facts and circumstances from the officer superior to him; and (b) consideration of the assertions of the public servant as to the situation that led to the alleged incident. |
📌 Value Addition — Latest Judicial Position
In XXX v. State of Kerala & Ors. (2026 INSC 88, decided 27 January 2026), a Bench of Justices Dipankar Datta and Manmohan held that Section 175(4) is neither a standalone provision nor a proviso to Section 175(3) — the two must be read harmoniously, with sub-section (4) operating as a procedural restraint on the power to order investigation against a public servant. The Court held that "complaint" in sub-section (4) does not include an oral complaint and must be supported by an affidavit as required under sub-section (3), and that the word "may" retains an element of discretion. Section 175(4) has no equivalent in the CrPC.
Section 176 — Procedure for Investigation
| Head | Provision |
|---|---|
| Procedure — 176(1) | Where the officer in charge has reason to suspect commission of an offence he is empowered under Section 175 to investigate, he shall — (1) forthwith send a report to the Magistrate empowered to take cognizance on a police report; and (2) proceed in person, or depute a subordinate officer of prescribed rank, to the spot to investigate and, if necessary, take measures for discovery and arrest of the offender. |
| Proviso (a) | Where information is given against a person by name and the case is not of a serious nature, the officer need not proceed in person or depute a subordinate for an on-the-spot investigation. |
| Proviso (b) | If it appears there is no sufficient ground for entering on an investigation, he shall not investigate the case. |
| Rape — further proviso | The victim's statement shall be recorded at her residence or a place of her choice, as far as practicable by a woman police officer, in the presence of her parents, guardian, near relatives or a social worker of the locality; and may also be recorded through audio-video electronic means, including mobile phone. |
| Reporting non-compliance — 176(2) | In cases under provisos (a) and (b), the officer must state his reasons for not fully complying, forward the daily diary report fortnightly to the Magistrate, and — in a proviso (b) case — forthwith notify the informant that he will not investigate. |
| Forensic investigation — 176(3) | For every offence punishable with seven years or more, the officer in charge shall cause a forensic expert to visit the crime scene to collect forensic evidence, and cause videography of the process on a mobile phone or other electronic device. Operative from a date to be notified by the State Government within five years. Where the facility is unavailable in a State, the State shall notify use of another State's facility until its own is developed. |
Section 176(3) is the single most consequential line in Chapter XIII. Under the CrPC, whether a forensic team reached the scene depended on the investigating officer's discretion and the district's resources. The BNSS converts that discretion into a statutory duty for every grave offence — and then makes the collection itself auditable by mandating videography. — Legacy IAS Faculty
Sections 177 & 178 — Routing the Report, and What the Magistrate May Do
177
Reports to a Magistrate must be submitted through a superior officer of police, if the State Government so directs by general or special order. That superior officer may give instructions to the officer in charge, must record those instructions on the report, and shall transmit the report to the Magistrate without delay.
178
On receiving the report, the Magistrate may direct an investigation, or hold a preliminary inquiry himself, or depute a subordinate Magistrate to hold such inquiry or otherwise dispose of the case.
The Section 176–178 chain, mapped
Police — FIR / Information
→
Report to Magistrate + Investigate (S. 176)
→
Routed via superior officer (S. 177)
→
Magistrate (S. 178): order investigation · hold preliminary inquiry · depute subordinate Magistrate
Sections 179–183 — Witnesses, Statements and Confessions
179
Police officers may, by order in writing, require the attendance of any person within the limits of their own or an adjoining station who appears acquainted with the facts of the case.
Protected categories: no male person under 15 or above 60 years, no woman (of any age), no mentally or physically disabled person, and no person with acute illness shall be required to attend at any place other than where such person resides — though they may be permitted to attend the police station if willing.
The State Government may make rules for payment of reasonable expenses of witnesses attending at a place other than their residence.
Protected categories: no male person under 15 or above 60 years, no woman (of any age), no mentally or physically disabled person, and no person with acute illness shall be required to attend at any place other than where such person resides — though they may be permitted to attend the police station if willing.
The State Government may make rules for payment of reasonable expenses of witnesses attending at a place other than their residence.
180
Police may examine witnesses orally during investigation. Such a person is bound to answer truly all questions relating to the case, except those whose answers would tend to expose him to a criminal charge, penalty or forfeiture.
Statements may be reduced to writing and may also be recorded by audio-video electronic means. Statements of a woman victim of specified sexual offences are to be recorded by a woman police officer.
Statements may be reduced to writing and may also be recorded by audio-video electronic means. Statements of a woman victim of specified sexual offences are to be recorded by a woman police officer.
181
Statements made to the police during investigation are not to be signed and cannot be used for any purpose at any inquiry or trial, except in the narrow situation the section allows.
Such a statement may be used to contradict a witness whom the prosecution calls, in the manner provided by Section 148 of the Bharatiya Sakshya Adhiniyam, 2023.
Explanation: an omission to state a fact in the statement may amount to a contradiction, depending on the context.
Such a statement may be used to contradict a witness whom the prosecution calls, in the manner provided by Section 148 of the Bharatiya Sakshya Adhiniyam, 2023.
Explanation: an omission to state a fact in the statement may amount to a contradiction, depending on the context.
182
No police officer shall offer or make any inducement, threat or promise of the kind referred to in Section 22 of the Bharatiya Sakshya Adhiniyam, 2023.
Equally, no officer shall prevent, by caution or otherwise, any person from making a statement of his own free will in the course of investigation.
Equally, no officer shall prevent, by caution or otherwise, any person from making a statement of his own free will in the course of investigation.
183
Magistrates may record confessions or statements made in the course of investigation. Confessions must be voluntary, and the Magistrate must satisfy himself of this after questioning the maker. Recorded confessions and statements are forwarded to the Magistrate by whom the case is to be inquired into or tried. Special protections apply for victims of serious offences and for persons with disability.
Section 183 unpacked — the nine operative rules
| Rule | Content |
|---|---|
| Recording by Magistrate | Any Magistrate of the district in which the information about the offence has been registered may record a confession or statement, whether or not he has jurisdiction in the case — during investigation, or at any time before commencement of the inquiry or trial. |
| Electronic recording | A confession or statement may also be recorded by audio-video electronic means in the presence of the advocate of the person accused of the offence. |
| Police limitation | A police officer on whom powers of a Magistrate have been conferred cannot record a confession. |
| Voluntary confession | Before recording, the Magistrate must explain that the person is not bound to confess and that a confession may be used as evidence against him; and shall not record it unless, on questioning, he has reason to believe it is voluntary. |
| Refusal to confess | If the person says he is unwilling to confess, the Magistrate shall not authorise his detention in police custody. |
| Confession format | The confession is recorded in the manner provided for recording the examination of an accused, is signed by the maker, and carries a memorandum by the Magistrate certifying the circumstances of recording. |
| Non-confession statements | Statements other than confessions are recorded in the manner provided for recording evidence; the Magistrate may administer an oath to the person making the statement. |
| Victim statements | In cases under the specified BNS sexual-offence provisions (Sections 64–71, 74–79 and 124), the Magistrate shall record the victim's statement as soon as the offence is brought to the notice of the police — as far as practicable by a woman Magistrate, and in her absence by a male Magistrate in the presence of a woman. Where the offence is punishable with ten years or more, life imprisonment or death, the Magistrate shall record the statement of the witness produced before him by the police officer. |
| Disabled persons & examination-in-chief | Where the maker is temporarily or permanently mentally or physically disabled, the Magistrate shall take the assistance of an interpreter or special educator, and the statement shall be recorded through audio-video electronic means, preferably by mobile phone. Such a statement is treated as a statement in lieu of examination-in-chief under Section 142 of the Bharatiya Sakshya Adhiniyam, 2023 — so the maker need only be cross-examined, without re-recording at trial. |
Sections 184–188 — The Bridge Provisions
These fall between the statement-recording block and the closing stage, and are frequently the source of factual questions.
| Section | Subject | Core rule |
|---|---|---|
| 184 | Medical examination of the victim of rape | Examination by a registered medical practitioner, with the victim's consent, to be conducted within twenty-four hours of receipt of the information; the report is forwarded to the investigating officer, who forwards it to the Magistrate. |
| 185 | Search by a police officer | Where the officer has reasonable grounds to believe that something necessary for the investigation may be found within the limits of his station, he may search after recording in writing the grounds of his belief and specifying the thing searched for. |
| 186 | Requiring another officer to search | An officer in charge may require the officer in charge of another police station to cause a search to be made within that station's limits. |
| 187 | Investigation not completed in 24 hours | The accused is forwarded to the nearest Magistrate with a copy of the case-diary entries. Detention may be authorised for a term not exceeding fifteen days in the whole, or in parts, at any time during the initial 40 or 60 days of a total detention period of 60 or 90 days. Total detention cannot exceed 90 days (offence punishable with death, life, or 10 years or more) or 60 days (any other offence), after which default bail follows. |
| 188 | Report by a subordinate officer | A subordinate officer who makes an investigation must report the result to the officer in charge of the police station. |
Sections 189–192 — Closing the Investigation
189
Release of the accused when evidence is deficient. Where there is not sufficient evidence or reasonable ground of suspicion to justify forwarding the accused to a Magistrate, the officer shall release him from custody on his executing a bond or bail bond to appear before the Magistrate if and when required.
190
Cases to be sent to the Magistrate when evidence is sufficient. The officer shall forward the accused under custody to a Magistrate empowered to take cognizance on a police report; where the offence is bailable and the accused can furnish security, the officer may take security for his appearance instead.
191
Complainant and witnesses not to be required to accompany a police officer, and not to be subject to restraint. They may, however, be required to execute a bond to appear before the Magistrate.
192
Diary of proceedings in investigation (the case diary).
• Entered day by day, setting out when the information reached the officer, when he began and closed investigation, places visited, and the circumstances ascertained — the minutes of the investigation.
• Statements of witnesses recorded under Section 180 are inserted in the case diary. The diary is a volume and duly paginated.
• Not available to the accused. Neither the accused nor his agents may call for the diaries, nor see them merely because the Court referred to them.
• A criminal Court may send for the diaries — not as evidence, but to aid the inquiry or trial.
• If the officer who made them uses them to refresh his memory, or the Court uses them to contradict him, Section 148 or Section 164 of the Bharatiya Sakshya Adhiniyam, 2023 applies.
• Entered day by day, setting out when the information reached the officer, when he began and closed investigation, places visited, and the circumstances ascertained — the minutes of the investigation.
• Statements of witnesses recorded under Section 180 are inserted in the case diary. The diary is a volume and duly paginated.
• Not available to the accused. Neither the accused nor his agents may call for the diaries, nor see them merely because the Court referred to them.
• A criminal Court may send for the diaries — not as evidence, but to aid the inquiry or trial.
• If the officer who made them uses them to refresh his memory, or the Court uses them to contradict him, Section 148 or Section 164 of the Bharatiya Sakshya Adhiniyam, 2023 applies.
Section 193 — The Investigation Report (Charge Sheet)
- 193(1): Every investigation shall be completed without unnecessary delay.
- 193(2): Investigation into offences under Sections 64, 65, 66, 67, 68, 70 and 71 of the BNS, 2023, or under Sections 4, 6, 8 or 10 of the POCSO Act, 2012, shall be completed within two months from the date the information was recorded by the officer in charge.
- 193(3)(i): On completion, the officer in charge forwards a report — including through electronic communication — to the Magistrate empowered to take cognizance on a police report.
- 193(3)(ii): The officer shall, within ninety days, inform the informant or the victim of the progress of the investigation, by any means including electronic communication.
- 193(3)(iii): The officer shall also communicate the action taken to the person who first gave the information about the offence.
- 193(9): Further investigation is not barred after the report is forwarded; supplementary reports may follow. Further investigation during trial requires the permission of the trial Court and must be completed within ninety days, extendable with the Court's permission.
What the report must state — Section 193(3)(i)
- The names of the parties.
- The nature of the information.
- The names of persons who appear to be acquainted with the circumstances of the case.
- Whether any offence appears to have been committed and, if so, by whom.
- Whether the accused has been arrested.
- Whether the accused has been released on his bond or bail bond.
- Whether the accused has been forwarded in custody under Section 190.
- Whether the medical examination report of the woman has been attached, where the investigation relates to the specified BNS sexual offences.
- The sequence of custody in the case of an electronic device — a new BNSS requirement recognising the chain of custody for digital evidence.
📌 Charge Sheet vs Closure Report
Both are "final reports". A charge sheet under Section 193 sets out the allegations and is the basis on which the Magistrate takes cognizance. A closure report arises where the officer concludes under Section 189 that evidence is deficient. The Magistrate is not bound by either conclusion.
The Statutory Clocks of Chapter XIII
3 daysSigning of information given by electronic communication — S. 173(1)(ii)
14 daysPreliminary enquiry for offences punishable 3 to less than 7 years, with prior permission of an officer not below DSP — S. 173(3)
FortnightlyDaily diary report of non-cognizable cases and of proviso (a)/(b) cases to the Magistrate — Ss. 174(1), 176(2)
24 hoursMedical examination of a rape victim — S. 184; also the outer limit for production before a Magistrate — S. 187(1)
2 monthsCompletion of investigation in specified BNS sexual offences and POCSO offences — S. 193(2)
90 daysProgress update to informant or victim — S. 193(3)(ii); also the window for further investigation during trial — proviso to S. 193(9)
CrPC to BNSS — The Renumbering and the Real Changes
| BNSS | Old CrPC | Subject | What actually changed |
|---|---|---|---|
| 174 | 155 | Non-cognizable cases | Fortnightly daily diary report to the Magistrate — new |
| 175 | 156 | Power to investigate cognizable case | SP may direct DSP to investigate; sub-section (4) safeguard for public servants — both new |
| 176 | 157 | Procedure for investigation | Mandatory forensic visit + videography for 7-year offences; audio-video recording of rape victim's statement — new |
| 177 | 158 | Report how submitted | Substantially retained |
| 178 | 159 | Investigation or preliminary inquiry | Substantially retained |
| 179 | 160 | Attendance of witnesses | Protected list widened to include persons with acute illness |
| 180 | 161 | Examination of witnesses | Audio-video recording of statements expressly permitted |
| 181 | 162 | Use of statements | Cross-reference shifts to S. 148, Bharatiya Sakshya Adhiniyam |
| 182 | 163 | No inducement | Cross-reference shifts to S. 22, Bharatiya Sakshya Adhiniyam |
| 183 | 164 | Confessions and statements | Audio-video recording with advocate present; disabled person's statement treated as examination-in-chief |
| 184 | 164A | Medical examination in rape | Substantially retained |
| 185–186 | 165–166 | Search | Substantially retained |
| 187 | 167 | Detention beyond 24 hours | 15 days of custody may be taken in parts within the initial 40 or 60 days |
| 188–192 | 168–172 | Subordinate's report to case diary | Substantially retained |
| 193 | 173 | Report on completion | Two-month deadline for specified offences; 90-day victim update; electronic forwarding; sequence of custody of electronic devices |
Chapter XIII at a Glance — Mind Map
Investigation · Ss. 173–196
Entry · 173–175FIR & zero FIR · preliminary enquiry · non-cognizable route · police power to investigate
Machinery · 176–178On-the-spot investigation · forensic mandate · report routing · Magistrate's options
Evidence · 179–183Attendance of witnesses · oral examination · use of statements · confessions before a Magistrate
Coercive powers · 184–188Medical examination · search · detention beyond 24 hours · subordinate's report
Exit · 189–191Release on deficient evidence · forwarding on sufficient evidence · no restraint on witnesses
Record & report · 192–193Case diary · charge sheet particulars · victim updates · further investigation
Prelims Traps to Guard Against
- Section 174(2) requires an order of a Magistrate, not a warrant.
- The 15/60 age bar in Section 179 applies only to males. A woman of any age cannot be required to attend outside her residence.
- Under Section 174(4), one cognizable offence in a bundle makes the whole case cognizable — not merely that one offence.
- The two-month deadline in Section 193(2) attaches to specified sexual offences and POCSO offences, not to every investigation. The general rule is only "without unnecessary delay".
- The forensic mandate under Section 176(3) is seven years or more. The preliminary enquiry window under Section 173(3) is three years or more but less than seven. Different thresholds, adjacent provisions.
- Section 183 permits recording by any Magistrate of the district where the information was registered, whether or not he has jurisdiction — but a police officer vested with a Magistrate's powers cannot record a confession.
- The case diary is not evidence. A Court may use it only to aid the inquiry or trial.
Mains Angle
Question (GS-II, 15 marks, 250 words): "The Bharatiya Nagarik Suraksha Sanhita, 2023 attempts to make investigation both technology-driven and time-bound." Examine this statement with reference to the changes introduced in Chapter XIII, and assess the institutional capacity required to give them effect.
Structure the answer around three pivots: the forensic and videography mandate under Section 176(3); the electronic and time-bound duties under Sections 173(1), 174(1) and 193; and the accountability layer created by Section 175(4) read with the Supreme Court's construction in XXX v. State of Kerala (2026). Close on capacity — forensic laboratory strength, trained crime-scene personnel, and the five-year notification window States have been given.
Key Takeaways
- Chapter XIII (Sections 173–196) of the BNSS, in force since 1 July 2024, is the complete code of police investigation; Sections 174–193 carry its operative machinery.
- The classification of the offence decides everything downstream — Section 175(1) lets police investigate a cognizable case on their own, while Section 174(2) requires a Magistrate's order in a non-cognizable case.
- Section 176(3) makes a forensic expert's visit and videography of evidence collection compulsory for offences punishable with seven years or more, subject to a State notification due within five years.
- Section 175(4), with no CrPC parallel, filters complaints against public servants; the Supreme Court in XXX v. State of Kerala (2026 INSC 88) read it harmoniously with Section 175(3) and required an affidavit-supported written complaint.
- Sections 179–183 govern witnesses, statements and confessions — with residence-based protection for specified categories, audio-video recording, and a statement by a disabled person serving as examination-in-chief under Section 142 of the Bharatiya Sakshya Adhiniyam, 2023.
- Section 193 imposes a two-month deadline for specified sexual and POCSO offences and a ninety-day progress update to the informant or victim, and requires the charge sheet to record the sequence of custody of electronic devices.
