173. Information in cognizable cases.— (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, 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.
Section 173 BNSS: Understanding the New Provisions in Bharatiya Nyaya Sanhita
In recent developments regarding criminal law in India, Section 173 of the Bharatiya Nyaya Sanhita (BNSS) has introduced important changes in how cognizable offences are reported and processed. This section aims to streamline the process of lodging complaints and ensure that victims receive prompt assistance. In this article, we will break down the key elements of Section 173 BNSS, exploring its implications, procedures, and the rights it grants to victims.
What is a Cognizable Offence?
Before diving into the specifics of Section 173, it is essential to understand what a cognizable offence is. Cognizable offences are serious crimes where police officers are authorized to arrest without a warrant and start an investigation without the direction of a magistrate. Examples include murder, robbery, and sexual assault. The seriousness of these offences necessitates immediate action by law enforcement to protect victims and gather evidence.
How Information is Received Under Section 173 BNSS
According to Section 173 BNSS, any information related to a cognizable offence can be communicated to a police officer. This can be done in two main ways:
- Orally: If a person chooses to report a crime verbally, the officer in charge of the police station must reduce this information to writing. The officer or someone under their direction will ensure that the informant has the opportunity to read the written statement. It is important for the informant to sign this document to confirm its accuracy.
- Electronic Communication: Information can also be reported through electronic means, such as emails or messaging apps. In such cases, the police officer must record the information. The informant must then sign the record within three days. The police officer is required to maintain a formal record of this information in a book, which will follow guidelines set by the state government.
Special Provisions for Women and Disabled Persons
Section 173 BNSS includes special provisions for women reporting certain crimes and individuals with disabilities. If a woman alleges that she has been a victim of specific offences outlined in the BNSS, her statement must be recorded by a woman police officer. This provision acknowledges the sensitive nature of such complaints and aims to provide a safe environment for women to report crimes.
Furthermore, if the complainant is temporarily or permanently mentally or physically disabled, the police officer must record the information at the person’s residence or a location of their choice. This process should also involve an interpreter or a special educator to ensure clear communication. Additionally, the entire recording process must be videographed to maintain transparency and accountability.
Rights of the Informant
Section 173 BNSS ensures that victims or informants are not left without support. Once the information is recorded, the police are obligated to provide a free copy of the recorded statement to the informant or the victim immediately. This provision empowers victims by keeping them informed about their complaints.
Investigative Procedures
Following the receipt of information regarding a cognizable offence, the officer in charge of the police station has specific responsibilities. If the offence is punishable by three years to less than seven years of imprisonment, the officer must seek permission from a Deputy Superintendent of Police (DSP) before proceeding with an investigation.
The officer can either:
- Conduct a Preliminary Inquiry: Within 14 days, the officer can conduct a preliminary inquiry to determine whether there is a prima facie case to proceed with an investigation. This step helps ensure that resources are used efficiently and that only valid complaints are pursued.
- Proceed with Investigation: If a prima facie case is established, the officer can move forward with a full investigation without additional delay. This is crucial for gathering evidence and ensuring justice for the victim.
Addressing Complaints Against Police Officers
Section 173 BNSS also recognizes the need for accountability within the police force. If an officer in charge refuses to record a complaint, the aggrieved person has the right to send a written summary of the complaint to the Superintendent of Police (SP). The SP has the authority to review the situation and decide whether to conduct an investigation personally or assign it to another officer.
This provision aims to prevent instances where victims may feel unheard or discouraged from reporting crimes. It opens a channel for complaints against police inaction, ensuring that every grievance is taken seriously.
Implications of Section 173 BNSS
The implementation of Section 173 BNSS marks a significant shift in how the police handle reports of cognizable offences. By allowing oral and electronic reporting, the law aims to make the process more accessible and user-friendly. The special provisions for women and individuals with disabilities further ensure that sensitive cases are treated with the care they deserve.
Additionally, the emphasis on accountability within the police force is a positive step towards building trust between the community and law enforcement. Victims can now be more assured that their complaints will be taken seriously and acted upon in a timely manner.
Conclusion
In summary, Section 173 BNSS introduces a comprehensive framework for reporting cognizable offences in India. By accommodating various reporting methods and addressing the needs of vulnerable populations, this section seeks to enhance the accessibility and effectiveness of the justice system. As we move forward, it is crucial for both citizens and law enforcement to understand these provisions to foster a safer and more just society. The changes brought about by Section 173 BNSS represent an important step towards empowering victims and ensuring that their voices are heard and respected.