BNSS Chapter 13

Bharatiya Nagarik Suraksha Sanhita Chapter 13 – Informing the Police and Their Investigation Powers

Introduction

The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, has superseded the old Code of Criminal Procedure (CrPC), 1973. Aiming to update and refine criminal procedure in India, BNSS presents several reforms to boost investigation effectiveness, ensure openness, and secure individual rights.

Chapter 13 of BNSS, titled “Information to the Police and Their Powers to Investigate”, centers on how criminal cases start – from when information is given to the police to how investigations go forward. This chapter covers vital procedures that affect both the accused and the victims, including FIR registration, preliminary inquiries, investigation rights, and timelines.

Understanding Chapter 13's Scope

This chapter mostly corresponds with Sections 154 to 176 of the abolished CrPC. The goal is to regulate:

• How police obtain and register information about cognizable and non-cognizable offenses.

• When and how a First Information Report (FIR) is registered.

• The process of starting and carrying out investigations.

• The authority and limitations of police officers during investigations.

It balances the need for swift action in criminal matters with constitutional protections to safeguard citizen rights.

Key Provisions under BNSS Chapter 13

1. Registration of Information in Cognizable Offenses

Under BNSS, police officers are obligated to register an FIR when information about a cognizable offense is received. This duty is non-negotiable unless the information is clearly without foundation. The aim is to guarantee prompt initiation of investigation and prevent any unfair police conduct.

Cognizable offenses are those where the police can arrest without a warrant and start an investigation without needing prior permission from a magistrate (e.g., murder, rape, robbery).

If an FIR isn't registered, the informant can approach the Superintendent of Police or the Magistrate, ensuring accountability.

2. Handling Non-Cognizable Offenses

For non-cognizable offenses, the police can't proceed with an investigation without the Magistrate's permission. BNSS maintains this protection from the prior code to prevent misuse of police authority in minor matters.

Examples of non-cognizable offenses include defamation, public nuisance, or simple hurt.

The Magistrate's permission becomes a legal requirement for further action in such cases.

3. Electronic Registration and Video Recording

BNSS Chapter 13 emphasizes the use of technology in criminal procedure, marking a big change from the manual processes of CrPC. FIRs and statements can now be registered electronically or via video, providing:

• Transparency

• Quick documentation

• Prevention of tampering or denial

This change is particularly important in rural or remote areas where access to higher authorities may be difficult.

4. Preliminary Inquiry before FIR in Certain Cases

For offenses of a civil nature or with unclear criminal intent, police are allowed to conduct a preliminary inquiry before registering an FIR. This shields people from unneeded criminal prosecution and avoids misuse of police resources for personal vendettas.

The Supreme Court's ruling in Lalita Kumari v. Govt. of UP continues to guide such inquiries – mandating FIRs in cognizable cases but allowing preliminary checks in exceptional situations.

5. Timely Completion of Investigation

BNSS aims to speed up investigations. The police must finish investigations:

• Within 90 days for cases punishable with death, life imprisonment, or imprisonment of more than 10 years.

• Within 60 days for all other cases.

This provision guarantees swift justice and eases the burden on undertrial prisoners who often remain in jail due to delayed charge sheets.

6. Powers to Arrest, Search, and Seize

The chapter confirms the police's power to arrest suspects, search premises, and seize evidence during investigations. However, these powers must be used lawfully and in proportion to the nature of the offense. Protections such as:

• Informing the accused of grounds for arrest

• Presenting them before a magistrate within 24 hours

• Documenting all actions

have been kept and strengthened in BNSS to protect personal liberty.

Protecting the Rights of Victims and the Accused

One of the main focuses of BNSS Chapter 13 is to ensure fairness to both victims and accused individuals. Key protective measures include:

• Right to get a free copy of the FIR

• Digital updates on investigation progress

• Protections against arbitrary arrests

Victim-focused procedures, like informing victims about bail status and investigation updates, empower them in the criminal justice process.

Modernization and Digital Transition

BNSS encourages police departments to adopt digital record-keeping, biometric verification, and AI-based tools for faster and more precise investigations. By enabling e-FIR and video conferencing for witness testimony, the new law is designed to make the system future-ready.

The integration of CCTV surveillance, body cams, and forensic support in investigations is highly encouraged—bringing India’s criminal procedure in line with global best practices.

Practical Implications of Chapter 13

For Common Citizens

• You can file an FIR online or in person.

• Police cannot refuse to register an FIR in a cognizable offense.

• You are entitled to a free copy of the FIR.

• If police deny FIR registration, you have legal options.

For Police

• Greater accountability through digital documentation.

• Fixed investigation deadlines ensure better case management.

• Technology adoption is now a legal necessity.

For Lawyers and Judiciary

• Easier access to digital case records and FIRs.

• Clear procedures simplify legal arguments and defenses.

• More efficient coordination between police and magistrates.

Conclusion

Chapter 13 of the Bharatiya Nagarik Suraksha Sanhita, 2023 marks a positive shift in India's criminal justice system. It enforces accountability in the police force, empowers citizens to report crimes effectively, and adopts technology to modernize investigations. While the basic principles from the old CrPC remain, BNSS makes the system more transparent, responsive, and equitable.

As the legal system adapts to BNSS, this chapter will play a fundamental role in shaping police-citizen interactions and setting the direction for all criminal investigations.