Criminal investigations and trials under BNSS, 2023 – All you need to know.

This Article has been written by Akash Dubey who is a final year law student of the oxford college of law Bangalore and the author has dealt in detail in this article about Criminal investigations and trials under BNSS.

Introduction

Have you ever thought that how an FIR is registered by the police officers and what happens after registration of the FIR, how the criminal investigations are conducted by the police, what are the rights and limitations police have while conducting the investigation? and how the case reaches the court, and how the accused either gets acquitted or convicted by the court? This article examines everything related to criminal investigations and trials under BNSS.

What is a criminal investigation? 

An investigation is defined under Section 2(L) of the Bhartiya Nagrik Suraksha Sanhita (BNSS).A criminal investigation is nothing but a process undertaken by the law enforcement authorities to analyze facts and determine whether the alleged crime has been committed or not. Based on the investigation carried out by the authorities, further procedures takes place, such as arresting the suspect offender, gathering all the evidence related to the case, and presenting the collected evidence for the trial in court.

Honorable Supreme Court has observed that investigation of an offence generally consists as follows:

 1. Heading over to the spot where the crime has been committed

 2. Knowing the facts and the circumstances of the case

 3. To find out and arrest the suspected wrongdoer or the offender;

 4. And then collect the evidence related to the commission of the crime, which may consist of

 (a) the examination of various persons (including the accused) and the reduction of their statements into writing, if the officers think fit,

 (b) the search of places or seizure of things considered necessary for the investigation or to be produced at the trial; and

 5. The last step is to form an opinion regarding the collection of the material that has been collected during the search and seizure of the place. 

Legal provision of criminal investigation and information to the police under BNSS? 

The concept of criminal investigation is enshrined in Chapter XIII under Sections 173 to 196 of BNSS, which deals with the “information to the police and their powers to investigate.”

The phrase “information to the police and their powers to investigate” of BNSS means when an information of an offence has been given to the police, then the police officer holds the power to investigate the case.  

Section 173: Information in cognizable cases

Section 173 of BNSS states about the information given to the police in the cognizable cases. The term information means any person can give information to the police in various circumstances; they are as follows:

1. Information about the commencement of a cognizable offence, 
2. Information when a cognizable offence is about to take place.

It is a well-settled fact that police officers cannot know everything on their own and even cannot be expected to know about happening and non – hapening of the events in  their jurisdiction and that’s the reason law has given provisions that anyone can inform the police about the offences, either being committed or about to be committed. 

Section 173 of BNSS deals with the manner in which information of a cognizable offence is supposed to be given and how the given information of a cognizable offence shall be recorded and reduced into writing. 

But what is a cognizable offence ? So, before moving ahead, let’s understand the definition and meaning of a cognizable offence. 

Definition and meaning of cognizable offence ? 

Section 173 of BNSS has the phrase “information in cognizable cases,” so it is pertinent to know the meaning of cognizable offence for all of us.

Section 2(g) of the Bhartiya Nagrik Surkasha Sanhita defines the term cognizable offence. 

The term “cognizable” means “able to be apprehended,” which means something or someone that can be arrested, caught, or taken into custody without having any arrest warrant. Cognizable offences are generally more serious in nature and because of the seriousness and gravity of the offence, police officers do not require the permission of the magistrate in the form of an arrest warrant to arrest the alleged suspect about whom the information of the commencement of a cognizable offence has been given to the police.

But the question is how an offence can be categorized as a cognizable offence or a non-cognizable offence. So the categorization shall be made by having this in consideration as follows:

Any offence for which the punishment is 3 or more than 3 years of imprisonment or punishment as life imprisonment—those kinds of offences will fall under cognizable offences.  Few Such examples of cognizable offences are murder, rape, dowry death, kidnapping, threats, etc. 

Hence, in order to prevent the person from committing any of  the above-said offences or to arrest the person after the commencement of the offence, police can take immediate action, such as arresting or taking the person into custody without the permission of the magistrate and without having an arrest warrant. 

Modes of reporting a cognizable offence

Section 173(1) states the modes or ways of information of a cognizable offence that can be reported to the officer in charge of a police station, also known as the Station House Officer (SHO). There are two ways as follows:

A. Oral Information 

B. Electronic Communication                

Either the information can be given to the police officer about the cognizable offence orally or by electronic means. 

What has changed in the inquiry provisions from CrPC to BNSS ?

There’s a new provision that has been added in Section 173 (3) of BNSS, known as preliminary inquiry by the police officer in cognizable offences punishable between 3 to 7 years. 

Preliminary Inquiry in Cognizable Offences Punishable Between 3 to 7 Years.

What happens when the police get information about a cognizable offence punishable between 3-7 years?

If the crime is punishable for 3 to 7 years (meaning the potential punishment for the crime is between 3 to 7 years of imprisonment), the police officer has two choices:

1. Preliminary Inquiry: In this preliminary stage of inquiry, the police officer can get started to enquire about the case and to find out whether in the present case prima-facie evidence can be found or not. If the officer finds enough initial evidence, then further investigation can be started, and this inquiry must be completed within 14 days. 
2. Proceed with Investigation: If the officer finds and if the officer is satisfied that there is already enough evidence (a prima facie case) and there is no need for inquiry, then the investigation can be started directly. 

But there is a condition that needs to be considered before getting ahead with the preliminary inquiry.  The police officer must take permission from a senior officer (someone at least of the rank of DSP).

What is the reason behind the categorization of offences between 3 – 7 years?

Section 173 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), the provision, specifically mentions cognizable offences punishable for three years or more but less than seven years,  and the reason  behind this categorization is that this range represents a category of offences that are serious enough to require additional scrutiny but not necessarily severe enough to warrant immediate full investigation without oversight.   

1.   Offences between 3 to 7 years often fall into a category when  there’s a need for a preliminary inquiry to assess the nature and complexity of the case. While these crimes are significant, they might not always be urgent or clear-cut, requiring initial review by the police. Thus, Section 173 allows officers to conduct an inquiry within 14 days to determine if a prima facie case exists, which helps in avoiding unnecessary investigations and preventing misuse of police powers.

      The categorization of offences punishable between 3 to 7 years of punishment has been prescribed because these are the types of offences that are severe in nature, which requires scrutiny and initial review by the police officers, but it does not require urgent or clear-cut decisions to be made by the police officer, such as arresting the accused or detaining the accused.

       So in order to avoid immediate arrest or detention, which leads to a lot of procedures and is a time-consuming process both for the authorities and the parties involved in the case therefore in order to save the time of the honorable court, the officer has been granted the power to inquire about the case within 14 days and to find out whether any prima facie evidence is present in the case with the supervision of his senior officer as aforesaid. 

      It is also pertinent to understand that a preliminary inquiry is mandatory only if the officer in charge decides to ascertain the existence of a prima facie case before proceeding with the investigation. This decision must be made after obtaining permission from an officer not below the rank of DySP. But it is also important to understand that the police officers  are not obliged to conduct preliminary inquiries in every case. If there is clear evidence indicating a prima-facie case, they may proceed directly with the investigation and arrest the accused. The inquiry acts as a discretionary safeguard, preventing frivolous or baseless investigations.

First Information Report

Let’s also understand the concept of First Information Report (FIR), which has been provided in the Bhartiya Nagrik Suraksha Sanhita (BNSS).

FIR under Section 173(1) of BNSS

The term FIR is nowhere explicitly defined or mentioned under BNSS, but it is implicitly (indirectly) provided under BNSS. The phrase “information given to a police officer shall be reduced into writing,” which has been enshrined under Section 173(1) of BNSS, is understood to be the First Information Report (FIR).

What is an FIR?

A First Information Report is a first written document prepared by a police officer when they receive information about the commencement of a cognizable offence. An FIR registered by the station house officer (SHO) is the first step towards securing a milestone of justice because in a criminal case, further proceedings are carried on only after the FIR is registered.

A complaint of an FIR can be lodged by either a victim, by the person who is the witness of the act, or by any other person.

Anyone can lodge an FIR if: 

1. He is the person against whom the offence has been committed (victim).
2. He is acting on behalf of the victim.
3. He has seen the offence being committed (witness).

Section 175: Police officer’s power to investigate a cognizable case

Sub-section (1) of section 175: Starting an Investigation in the cognizable cases

Sub-section (1) of section 175  of the BNSS confers wide powers on the police officers to investigate a cognizable offence without the order of the magistrate and the power is so broad that in the case of King Emperor v. Khwaja of Ahmand Honorable Supreme Court has observed that the right of the police officer to investigate a cognizable offence cannot be interfered with or controlled by the judiciary. 

Section 175(2) states that the proceeding of a police officer in cognizable offences shall not be questioned at any stage of the investigation on the ground that the case was one which such officer was not empowered under this section to investigate.

Section 175(3) deals with the further procedure for the aggrieved party where the SP has refused to act as prescribed under subclause (4) of Section 173.

If the SP fails to act (either by refusing to investigate or by not directing a subordinate to do so), the aggrieved person has the right to approach a Magistrate empowered under the Sanhita. In such cases, the Magistrate may intervene as power prescribed under section 210 of BNSS and order the registration of an FIR or direct an investigation into the matter..

Procedure for investigation of a cognizable offence (Section 176) 

The investigation of a cognizable offence begins as soon as the officer in charge of a police station receives an information, and the officer has a reason to suspect and believe that the information received is of a cognizable offence; then the officer can investigate the offence, as the police are empowered under section 175 of BNSS, and the police shall proceed in person or shall send any one of his subordinate officers not being below the rank as the respective state government has prescribed. 

Apart from approaching the place where a reasonable suspicion of the commission of a cognizable offence exists, the police officer must immediately send a report of the circumstances to a magistrate. This provision has been made to keep the magistrates informed of the investigation of such cognizable offence so that the magistrates can keep watch on the investigation carried on by the police officers.

There are two circumstances under clause (2) of section 176 states about non-necessity for the police officer in charge of a police station to proceed to the spot and to investigate the case. The circumstances are as follows:

Sub-Clause (a): No Need to Investigate in Minor Cases

If someone reports a crime and names a specific person as the offender, but the case is not serious (like a small theft or minor dispute), the police officer:

1. Does not have to go to the crime scene personally.
2. Does not have to send another officer to investigate.

This is to avoid wasting police resources on minor matters that do not require immediate or detailed investigation.

Sub-Clause (b): No Investigation Without Sufficient Grounds

If the police officer feels there is not enough reason to believe that a crime has been committed (based on the information they have), they are not required to start an investigation.

This ensures that police officers do not investigate cases where the information is vague, baseless, or frivolous. But in the pretext of insufficient grounds, the police officer cannot act arbitrarily. The police officer is further required to inform the informant immediately that there is not enough ground for the cognizable offence so the investigation cannot be carried forward, and by informing the informant, it opens the door for the informant to approach a magistrate or a superior police officer because in various circumstances, despite the case being of cognizable offence police officers do not proceed with further procedures, and they provide a protection shield to the offenders; therefore, in certain circumstances, the aggrieved party can approach the magistrate or the higher superior. 

Section 177: Report how submitted

Section 177 talks about how reports prepared under Section 176 (Procedure for investigation of a cognizable offence),  should be submitted to the magistrate.

1. How the report reaches the magistrate:

If the state government says so, the report prepared must be first sent through a senior police officer. This means the police officer investigating the matter (like a station house officer or SHO) cannot send the report directly to the Magistrate; it has to go through a senior officer.

• Role of the senior police officer:

This senior officer can review the report and give necessary instructions or guidance to the investigating officer (like suggesting corrections, clarifications, or further steps). After giving instructions, the senior officer notes those instructions on the report itself.

• Timely submission:

Once the senior officer is done reviewing and noting the instructions, they must forward the report to the Magistrate without delay.

Power to hold investigation or Preliminary Inquiry (Section 178)

Section 178 deals with the power to carry out an investigation or preliminary inquiry. Once the Magistrate receives the report of an offence prescribed under section 176, the magistrate  can direct an investigation on the following grounds:

1. If He thinks fit,
2. He can proceed to the place of occurrence of the offence or depute any of the magistrates subordinate to him to hold a preliminary inquiry into, or otherwise to dispose of the case in the manner provided in this Sanhita

Police officers’ power to Gather Witnesses and Statements

Examination of Witnesses by police (Section 180)

Section 180 of BNSS deals with examination of witnesses by the police officer, such as 

A police officer making an investigation under Chapter XIII can examine the witnesses acquainted with the facts of the case and reduce them to writing if he so wishes. Section 180 does not authorize beating or confining a person with a view to inducing him to make a statement. Recording a statement is not obligatory and the authorities shall not extract information by using force. 

Article 20(3) of the Constitution says that no person accused of any offence shall be compelled to be a witness against himself. In the case of Nandini Satpathy v. P.L. Dani, the Supreme Court examined the relative scope of Article 20(3) of the Constitution and Section 180(2) of the IPC. 

The Supreme Court held that both the provisions substantially cover the same area, so far as police investigations are concerned. The ban on self-accusation and the right to silence, while one investigation or trial is underway, go beyond that case and protect the accused in regard to other offences pending or imminent, which may deter him from voluntary disclosure of incriminatory matter. The legal perils following upon refusal to answer, or answer truthfully, cannot be regarded as compulsion within the meaning of Article 20(3). 

The prospect of prosecution may lead to legal tension in the exercise of a constitutional right, but then, a stance of silence is running a calculated risk. If, on the other hand, there is any mode of pressure, subtle or crude, mental or physical, direct or indirect, but sufficiently substantial, applied by the policeman for obtaining information from an accused strongly suggestive of guilt, it becomes compelled testimony violative of Article 20(3)

It was held by the court that the accused person cannot be forced to answer questions merely because the answers thereto are not implicative when viewed in isolation and confined to that particular case. The accused is entitled to keep his mouth shut if the answer sought has a reasonable degree of exposing him to guilt in some other accusation, actual or imminent, even though the investigation under way is not with reference to that.

Provided further that if the offence has been committed against a woman or even attempted or alleged to have been committed under sections 66, 67, 68, 69, 70, 71, 74, 75, 76, 77, 78, 79, or section 124 of the Bhartiya Nyay Sanhita (BNS) 2023, then such offence must be recorded by a woman police officer or any woman officer. 

Search and Seizure during Investigation (Section 185)

Sub-clause (1) of Section 185 of the BNSS grants power to the officer in charge of the police station or to the police officer who is conducting an investigation of the case. The police officer can make an investigation if he has reasonable grounds to believe that anything necessary for the case may be found after his due investigation and if the officer has reasonable grounds to believe that such investigation should be carried on without undue delay. 

Such an officer who is conducting the investigation should write the grounds of his belief of conducting the investigation in his case diary, and also the reason for the search should be written—that is, why the officer is conducting a search of the place. But the investigation should be done within the limits of the police station, of which he is in charge. 

Sub-clause (2) deals with the transparency and accountability of the police officer conducting the search of the place. It states that the officer must record the entire scenario while conducting the search. The recording can be done by the mobile device, and there must be audio as well as video in the recording.

The usage of the term shall has made it mandatory for the officers to record while conducting the search because there are various cases where it was seen that the officer does not maintain transparency and accountability while conducting the search. There are various court cases where the allegations against the officers are common, where the officers were accused of either tampering the material things or they were alleged to have added something to the place, which would turn up the case entirely. Therefore, to stop the atrocities of the police officers, this provision has been introduced.

(3) If he is unable to conduct the search in person, and there is no other person competent to make the search present at the time, he may, after recording in writing his reasons for so doing, require any officer subordinate to him to make the search, and he shall deliver to such subordinate officer an order in writing, specifying the place to be searched and so far as possible, the thing for which the search is to be made; and such subordinate officer may thereupon search for such thing in such place.

(4) The provisions of this Sanhita as to search warrants and the general provisions as to searches contained in section 103 shall, so far as may be, apply to a search made under this section.

(5) Copies of any record made under sub-section (1) or sub-section (3) shall forthwith, but not later than forty-eight hours, be sent to the nearest Magistrate empowered to take cognizance of the offence, and the owner or occupier of the place searched shall, on application, be furnished, free of cost, with a copy of the same by the Magistrate.

When an officer in charge of a police station may require another to issue a search warrant (Section 186)

Section 186 outlines the procedure for conducting searches across police jurisdictions during criminal investigations. It provides clarity on when and how a police officer can seek assistance from another police station or independently conduct searches in areas outside their jurisdiction. Here’s a breakdown:

1. Requesting Search Assistance (Subsections 1 & 2):

If a police officer (not below the rank of sub-inspector) is investigating a case and needs to conduct a search outside their police station’s jurisdiction, they can request the officer in charge of the other police station to carry out the search. The officer receiving the request must conduct the search in accordance with the rules provided under Section 185 and forward any evidence or items found to the requesting officer.

2. Conducting Immediate Searches (Subsections 3 & 4):

If delaying the search to request assistance might lead to the destruction or concealment of evidence, the investigating officer is authorized to directly conduct the search in another police station’s jurisdiction as if it were within their own.

In such cases, the officer must:

Notify the officer in charge of the jurisdiction where the search was conducted and Send a copy of the search records (prepared as per Section 103) to both the concerned police station and the nearest Magistrate with authority over the case.

3. Rights of Property Owners (Subsection 5):

The owner or occupier of the property that was searched has the right to receive, free of cost, a copy of the records sent to the Magistrate upon request.

Timeline and Reporting Requirements

Procedure when investigation cannot be completed in twenty-four hours (Section 187)

When the police arrest someone, they usually have only 24 hours to investigate and  present them before a Magistrate. But sometimes, 24 hours is not enough to complete the investigation. In such cases, if the police believe the complaint is genuine, they must send the case details to the nearest Magistrate and take the arrested person to the magistrate. The Magistrate can then allow the accused to be kept in custody for a maximum of 15 days. This custody can either be in a police station (police custody) or in jail (judicial custody), depending on what the Magistrate thinks is suitable. If the Magistrate handling the case doesn’t have the power to continue, they can send the case to another Magistrate who has the proper authority.

If the investigation still isn’t finished after 15 days, the Magistrate can allow more custody, but only up to a limit. For serious crimes like murder or crimes with punishment of 10 years or more, custody can be extended up to 90 days. For less serious offences, the limit is 60 days. After this, the accused must be released on bail if they are ready to provide it. The first time, the accused must be brought before the Magistrate in person. After that, they can be produced either in person or through video conferencing. This helps ensure that the accused is treated fairly and the court can check on their condition during custody.

A second-class Magistrate is not allowed to give police custody unless the High Court gives them special powers. If a woman under 18 is arrested, she must be kept in a remand home or a recognised social care institution, not in regular jail. Also, detention is only allowed in proper places like police stations, prisons, or government-declared lock-ups. If a judicial Magistrate is not available, the police can take the accused to an Executive Magistrate. The Executive Magistrate can allow detention for up to 7 days, but they must write the reasons clearly. After that, the person must be released on bail unless a proper Magistrate extends the custody. Also, whatever time the person spent in Executive custody will be included in the 60 or 90-day limit.

Every time a Magistrate allows police custody, they must write down why they are doing so. If any Magistrate other than the chief judicial magistrate gives such permission, they must send a copy of the order and their reasons to the chief magistrate for record-keeping and supervision. If it’s a small case (called a summons case) and the investigation isn’t finished even after 6 months from the date of arrest, the Magistrate can stop the investigation. However, the police can request to continue the investigation by giving special reasons that show it’s necessary and just. If the investigation has been stopped, the Sessions Judge can restart it if someone applies or if the Judge thinks it is required. The Judge can also give directions regarding bail or other matters while allowing the investigation to continue further.

Time-Bound Investigations 

Reports from Subordinate Officers (Section 188)

This section of BNS deals with the submission of the report of the investigation conducted by the subordinate police officer. It says that if any subordinate police officer has made an investigation under this chapter, then he shall report the result of the Sachin investigation to the office in charge of the police station, who is also known as S.H.O. 

Evidence-Based Release (Section 189)

Release of Accused When Evidence is Deficient (Section 189)

This section deals with situations where, during an investigation, the police do not find sufficient evidence or reasonable suspicion against the accused to justify sending them to a Magistrate. Here’s an easy-to-understand breakdown:

1. When There Is Insufficient Evidence:

If, during the investigation, the police find that the evidence or suspicion against the accused is weak or insufficient to justify further action, they are not required to keep the person in custody.

If the condition is prescribed as said above, then the officer must release the accused. 

• Conditions for Release:

Under BNSS to release the accused, there is a condition that needs to be fulfilled and the condition is that the accused is to provide a bond or bail bond as a guarantee. This bond acts as an assurance that the accused will appear before the magistrate if the accused has been asked to do it. The Magistrate would be someone who has the authority to take up the case for trial or commit the accused for trial. 

Cases to be sent to Magistrate, when evidence is sufficient—(Section 190)

Section 190 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) outlines the procedure to be followed when, after an investigation, the police find sufficient evidence or reasonable grounds to proceed with a case. If the accused is in the custody of the police and there is enough prima facie evidence with the  police officer, then at that point in time, the police officer must forward the accused to the magistrate who has the jurisdiction and authority to take cognizance of the offence and can conduct a trial or commit the accused for trial. 

In cases where the offence is bailable, the accused may provide security to the police officer and the police officer may release the accused on bail. The surety ensures that the accused will appear before the magistrate whenever required to do so on the prescribed date and will continue their attendance until directed by the magistrate to stop appearing. 

Even if the accused is not in custody but sufficient evidence exists against the accused, then the police must take a security bond from the accused, which guarantees their appearance before the magistrate and in situations like this, the magistrate cannot refuse to accept the case or security bond solely on the basis that the accused is not in custody. 

Along with the accused, if the officer finds out about any weapon or article, then that must be sent to magistrate and it will be produced as evidence. In addition to this, the magistrate is also required to send the list of witnesses who are familiar with the facts of the case.

The complainant and witnesses must execute a bond to appear before the magistrate and either testify or prosecute the case. If the chief judicial magistrate refers the case to another court, the bond will remain valid for the new court, as long as reasonable notice is given to the complainant and witnesses. Finally, a copy of the bond is provided to one of the signatories, while the original bond, along with the police report, is sent to the magistrate. 

This section ensures that cases with sufficient evidence are promptly forwarded to the judiciary while also protecting the rights of the accused and guaranteeing the attendance of witnesses and complainants.

Diary of proceedings in investigation (Section 192)

Diary of Proceedings

This provision mandates an investigating police officer to maintain a case diary, also known as a special diary. It is done to ensure that there is no tampering of evidence or addition of any other thing in the case, as the honesty capacity and discretion of the investigating police officer cannot be entirely trusted. It is said to be mandatory for the investigating police officer to maintain a case diary and the officer is bound under the law to maintain a case diary.

Further explanation of Section 192 of BNSS

This section ensures that the case diary shall be properly documented during the police investigations. It explains briefly and elaborately, and it also acts as a go-to guide for the police officers to maintain the records, their permissible use in court, and the limits on access to these records. 

1. Maintaining an Investigation Diary:

Every police officer conducting an investigation must keep a daily record in a case diary.

The diary should include:

1. When the information about the case was received.
2. When the investigation began and ended each day.
3. The places visited.
4. The facts were discovered during the investigation.

1. Inclusion of Witness Statements:

Statements of witnesses recorded under Section 180 of BNSS (during interrogation) must be included in this diary.

• Diary Format:

The case diary shall be maintained in volumes and it must be properly paginated, and when it is paginated, it will be organized and ultimately traceable, which ensures that nothing from the case diary can be altered or added up. 

The term paginated that has been used here means that the document, the investigation diary, shall  have proper page numbers. Each page should be numbered in sequence and in a continuous way to ensure the diary is organized, traceable, and tamper-proof and to ensure that nothing from the diary has been removed. 

• Use of Diaries in Court:

Courts can request police diaries during a trial or inquiry. These diaries are helpful to the court to understand the case and to understand the investigation but the case diary cannot be treated as evidence in the court.

• Access Restrictions for the Accused:

There is a restriction for the accused or their counsel to access this case diary. The defence party cannot ask for the case diary on the basis that the court is referring to the case diary. But the opposition party can ask for a portion of the case diary if the police officer is using the case diary to refresh their memory

Report of police officer on completion of investigation (Section 193) 

Sub-clause (1) of Section 193 state that every investigation in this chapter shall be completed without any unnecessary delay 

Sub-clause (2) of this section makes it mandatory that the investigation in relation to an offence defined under sections 64, 65, 66, 67, 68, 70, and 71  of the Bhartiya Nyay Sanhita 2023 or under sections 4, 6, 8, or 10 of the POCSO Act, 2012, must be completed within 2 months from the date on which the information was recorded by the officer in charge of the police station.

Sub-clause (3) of Section 193 of Bhartiya Nagrik Suraksha Sanhita (BNSS) deals with regard to the  submission of the investigation report after the investigation has been completed. As soon as the investigation gets completed, the officer in charge of the police station shall submit a report to the magistrate having jurisdiction and the report is generally called a chart sheet or challan.

The officer must send this report to a Magistrate who has the authority to handle or take action on the case. The report can be sent either physically or electronically (like by email or digital submission). The officer in charge must send the report to the Magistrate through the means provided by the state government, and electronic communication is one such method that is allowed.

Format of the Report: The report must be in a specific format that the State Government has decided. The government will issue rules to define how the report should be structured and in general it should be in the following way:

(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 and the officer must submit the report by following the procedure as stated above. 

Police Inquiry on Death or Suicide, etc. (Section 194)

Section 194 of the BNSS, 2023, authorizes police personnel to investigate and report cases of

 1. Person trying to take their own life (Suicide)

 2. Death that has occurred unnaturally

Additional rules apply to women who die within 7 years of marriage as a result of suicide, suspicious deaths, or at the request of a relative.

In situations where the cause of death is unknown or a medical examination of the body is deemed necessary. 

Sub-clause (1) of section 194 states that when a police officer in charge of a police station, or another officer specially authorized by the State Government, gets information about a death under suspicious or unnatural circumstances (like suicide, being killed by another person, an animal, machinery, or an accident), they must:

1. Inform the nearest executive magistrate, who is authorized to conduct inquests (formal death investigations).
2. Go to the place where the body is located, unless the state government or magistrate’s orders say otherwise.
3. Conduct an investigation in the presence of at least two respected people from the area.
4. Prepare a detailed report explaining the possible cause of death, including:
   • Any wounds, fractures, bruises, or injuries on the body.
   • How or with what weapon/instrument (if any) those injuries were caused.

This ensures that the cause of death is properly recorded and helps to determine if a crime has occurred.

The report prepared by the police officer about the cause of death must be signed by the officer and by those witnesses who were present and agree with the findings. 

After completion, the report must be sent to the District Magistrate or Sub-divisional Magistrate within 24 hours for further action. In such cases, the police must send the body for medical inspection to the nearest civil surgeon or a certified medical expert appointed by the state government. These situations include: 

1. Suicide by a woman within 7 years of marriage.
2. Death of a woman within 7 years of marriage under suspicious circumstances that suggest a possible crime.
3. Death of a woman within 7 years of marriage where her relatives request an investigation.
4. Doubt about the cause of death.
5. Any other reason where the police officer considers it necessary.

The magistrates with the authority to hold inquests are listed below:

1. Any District Magistrate.

2. Sub-divisional magistrate and any other executive magistrate particularly empowered in this regard by the state government. 

3. Or the District Magistrate. 

Inquiry by Magistrate into cause of death (Section 196)

When the case is of the nature referred to in clause (i) or clause (ii) of sub-section (3) of section 194, the nearest magistrate empowered to hold inquests shall, and in any other case mentioned in sub-section (1) of section 194, any Magistrate so empowered may hold an inquiry into the cause of death either instead of or in addition to the investigation held by the police officer; and if he does so, he shall have all the powers in conducting it which he would have in holding an inquiry into an offence (sub–section 2)

1. Inquiry by the Magistrate (Sub-section 2)

When the incident occurs in custody (police or authorized custody):

If a person dies or disappears, or if rape is alleged to have happened to a woman in custody, an inquiry by the Magistrate is required, in addition to the investigation by the police.

The inquiry must be conducted by the Magistrate in whose local jurisdiction the incident (death, disappearance, or rape) occurred.

2. Documenting Proof (Subsection 3)

Every piece of evidence pertaining to the case must be documented by the magistrate who is conducting the investigation. This can be carried out in a way that is appropriate for the particulars of the situation.

3. Body Disinterment (Subsection 4)

The magistrate has the authority to order the disinterment (digging up) of a previously buried body if they feel that more investigation into the cause of death is required. After that, the body can be inspected to assist in identifying the cause of death.

4. Notifying Family Members (Subsection 5)

If the names and addresses of the deceased’s parents, children, spouse, and other family members are known, the magistrate is required to notify them.

If the family members would like to attend, they are welcome to do so throughout the 

5. Subsection 6: Sending Body for Examination

The body must be sent to the closest civil surgeon or other qualified medical practitioner for examination within twenty-four hours of the death by the magistrate, executive magistrate, or police officer. If this is not feasible, a written record of the reasons must be made.

The provision of criminal investigation is enshrined under sections 173-196 of BNSS and we have understood about the said provisions in detail and now understand about the provision of trials under BNSS.

TRIALS

Trial means a process that takes place to decide whether the person has committed the offence or not, and it gets decided by the court by having various stages of trials. It is prudent to understand that a person accused of any offence shall not be punished arbitrarily or mechanically. The accused must not be acquitted or convicted without having a fair trial in the court. If the accused is guilty, then he will be convicted, and if he is found to be innocent, then he will be acquitted.

India has also given a chance for a fair trial to a terrorist named as Ajmal Kasab. He was provided with counsel; he was represented in the court, and later on, after proving beyond a reasonable doubt that the accused had committed the crime and on a fair trial basis, he was punished by the law. 

Indian law presumes an accused to be innocent until proven guilty, and based on it, the trial takes place.

Articles 10 and 11 of the Universal Declaration of Human Rights also advocate for the concept of a fair trial. Our courts have also recognized that the primary object and focus of the criminal procedure is to ensure a fair trial of the accused person, and this view of the court was also backed by the Law Commission of India.

Meaning of Trials 

The term trial has not been defined under BNSS, but the concept of the trial is widely and significantly being used in the Indian judicial system. A trial means a process which takes place in the respective court based on the nature of offence alleged to have been committed and based on the trial which takes place in the court such as hearing both the parties, evidence submission, argument takes place by both the parties and then  order is announced by the court to determine the guilt or innocence of the accused person. 

The trial of an accused person begins after the competent police officer submits the charge sheet, which is prepared by the investigating police officer after the due investigation and inquiry of the case. The initial assessment of the offence is conducted by the police officer, such as:

By analyzing that the framed charge sheet contains minor or major offences such as murder, rape, or theft. Based on the offence mentioned in the chargesheet and by analyzing the jurisdiction of the case, the competent police officer submits it for trial either to the Judicial Magistrate First Class (JMFC) or to the Sessions trial or any other court for trial of the case. 

Types of trials under Bhartiya Nagrik Suraksha Sanhita and legal provisions involved.

There are 4 types of trials under Bhartiya Nagrik Surkasha Sanhita such as:

1. Sessions trials (248-260) 

2. Trial of warrant cases by magistrates (261-273)

3. Trial of Summons Cases by Magistrates (274-282)

4. Summary trials (283-288)

The main objective behind classifying the trial procedure under BNSS is to ensure that the accused is given a chance for a fair trial, and based on the trial, which concludes the accused is either acquitted or convicted. 

1. Sessions Trials (Sections 248–260 BNSS)

Sessions trials under the BNSS are provided for in Sections 248 to 260. These trials deal with the most serious and heinous offences, which are punishable with death, life imprisonment, or imprisonment exceeding seven years. Examples of such offences include murder, rape, dacoity with murder, terrorism-related crimes, major kidnapping offences, and grave economic crimes involving large public harm.

The importance of sessions trials lies in the high stakes cases or matters involved. Since the punishments are severe and the social impact of the offences is profound and it impacts society as a whole and that’s the reason the law prescribes a robust and detailed procedure.  

The procedure includes

• First of all, it is determined by the magistrate whether there is sufficient evidence for a session court trial. 
• Framing of charges after hearing the prosecution and the accused, ensuring that baseless accusations do not proceed further.
• Detailed examination of witnesses, giving both sides a fair opportunity to cross-examine and produce evidence.
• The framework of a fair trial is extremely important to prevent the miscarriage of justice and to maintain the confidence of the masses in the judicial system. 

2. Trial of Warrant Cases by Magistrates (Sections 261–273 BNSS)

Warrant cases are governed by Sections 261 to 273 of the BNSS. A warrant case refers to any case relating to an offence punishable with imprisonment exceeding two years. These are less serious than sessions trial offences but still significant enough to require a formal trial procedure. Typical offences in this category include voluntarily causing grievous hurt, criminal breach of trust, theft involving higher property values, cheating with significant loss to the victim, bribery, and other forms of moderate to serious misconduct.

The importance of trials of warrant cases by magistrates is that they strike a balance between procedural safeguards and trial efficiency. They follow a relatively elaborate procedure compared to summons cases because the potential sentence is higher and more serious consequences are involved. 

There are various procedures, such as

• Framing of a formal charge against the accused after evaluating the evidence.
• Opportunity for discharge if the magistrate finds the evidence insufficient, ensuring no one is unnecessarily forced into a prolonged trial.
• Detailed recording of evidence and it ensures that the rights of the accused are preserved. 
• Cross-examination of prosecution witnesses and allowing the accused to produce a defense.

By mandating the above-said safeguards, BNSS ensures that the accused is not presumed guilty unless the trial concludes and the order is pronounced by the Honorable Judge.  

3. Trial of Summons Cases by Magistrates (Sections 274–282 BNSS)

Summons cases are enshrined under Sections 274 to 282 of the Bhartiya Nagrik Suraksha Sanhita. These types of cases relate to offences punishable with imprisonment of two years or less and those types of offences are such as simple hurt, minor mischief, public nuisance, petty theft, or minor forms of criminal intimidation.

Summons cases are treated with a simpler, faster trial process because the harm caused is comparatively minor, and the punishment is not very severe. The importance of Trial of  summons cases by Magistrates are as follows:

Formal framing of charges does not take place in this category. Instead, the magistrate explains the alleged wrong committed by the accused, and this helps in a speedy trial and subsequently the trial concludes in a much lesser time period. 

1. Simplified examination of witnesses, with concise recording of evidence.
   
   
   
2. Faster timelines, allowing the matter to be concluded at the earliest.
   
   
   
3. Provisions for compounding certain offences, which encourages parties to settle minor disputes amicably without wasting court resources.
   
   
   

It prevents clogging of the criminal justice system with petty matters. It promotes efficiency, allows for a quicker resolution of disputes, and reduces the psychological burden on both complainants and accused. It also helps magistrates focus their energy on more serious matters.

4. Summary Trials (Sections 283–288 BNSS)

Summary trials are dealt with under Sections 283 to 288 of the BNSS. These are designed to handle petty offences punishable with imprisonment up to six months, a fine only, or both. Examples include trivial trespass, breach of minor public orders, minor scuffles, or non-serious nuisance cases.

Summary trials are conducted by specially chief judicial and magistrates of the first class. These trials have extremely simplified and brief procedures. The idea is to deliver justice swiftly, with minimum formality, without compromising essential fairness. The process includes:

1. Abridged recording of evidence, which saves time.
   
   
   
2. Brief reasons for conviction rather than a detailed order, which speeds up judgment delivery.
   
   
   
3. The magistrate is required to maintain the basic principles of natural justice but can dispose of the case quickly, often within one or two hearings.
   
   
   

The importance of summary trials is to avoid the unnecessary burden on the courts because of the petty and trivial cases. It is generally categorized in a way to save the court’s time and the aim is to settle the above said trivial issues amicably without wasting the time of either the court or the justice-seeker. 

Conclusion

Criminal investigation and trial is one of the most important provisions of criminal law because it helps law enforcement authorities to conduct investigations, analyze facts, gather evidence, and analyze the alleged allegations by the victim and a Trial is a process carried by judiciary to determine the guilt or the innocence of the accused and if the accused has committed the offence then he/she gets convicted and if the accused has not committed the offence then they get acquitted by the competent court.  

References

1. https://prsindia.org/billtrack/the-bharatiya-nagarik-suraksha-sanhita-2023
2. https://www.barandbench.com/view-point/overview-criminal-investigations-trials-bnss-bns-bsa-part-i
3. https://cdnbbsr.s3waas.gov.in/s3d0921d442ee91b896ad95059d13df618/uploads/2025/03/202503061144469276.pdf
4. https://www.ijllr.com/post/revolutionizing-criminal-investigations-the-forensic-mandate-under-section-176-of-bnss
5. https://www.pwc.in/ghost-templates/revamping-indias-criminal-justice-system-bns-bnss-and-bsb.html
6. https://indianexpress.com/article/cities/bangalore/period-investigation-police-custody-changed-bnss-karnataka-high-court-9735662/