BNSS Sections on Police Investigation – A Complete Guide
The Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) has replaced the colonial-era Code of Criminal Procedure (CrPC), 1973, bringing significant reforms to India’s criminal justice system. One of the most important aspects covered under the BNSS is the role of police in investigation.
This blog explains the BNSS sections on police investigation, their procedure, powers, duties, and impact on criminal justice in India.
What is BNSS 2023?
The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 was introduced to modernize and simplify the criminal procedure system in India. It consolidates provisions related to:
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Registration of FIRs
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Police investigation powers
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Arrest procedures
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Evidence collection
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Trial processes
Since police investigation forms the backbone of any criminal case, understanding the BNSS sections related to investigation is crucial for both citizens and legal professionals.
BNSS Sections on Police Investigation
1. Registration of FIR (BNSS Section 173)
Under BNSS, it is mandatory for the police to register a First Information Report (FIR) for all cognizable offences.
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FIR can be registered online or at the police station.
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Victims can file FIRs from anywhere in India (zero FIR).
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Police must provide a copy of FIR free of cost to the complainant.
2. Powers of Investigation (BNSS Sections 174–180)
The BNSS empowers police officers to:
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Collect evidence, seize property, and record statements.
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Visit crime scenes and prepare reports.
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Interrogate accused and witnesses.
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Use digital evidence (like CCTV, mobile data) more effectively.
3. Timeline for Investigation
To ensure speedy justice, the BNSS introduces time-bound investigation:
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90 days maximum for serious offences.
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60 days for less serious offences.
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Charge sheet must be filed within the prescribed time to prevent prolonged custody.
4. Rights of Accused and Victims
BNSS balances investigative powers with safeguards:
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Accused – Right to legal representation, protection against illegal detention, and access to case documents.
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Victims – Right to be informed about case progress, access to FIR copies, and representation during trial.
5. Digital and Forensic Integration
A major reform in BNSS is emphasis on digital investigation:
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Video recording of statements and confessions.
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Mandatory forensic investigation in serious crimes (offences punishable with 7+ years).
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Use of electronic communication as valid evidence.
6. Judicial Oversight
Police investigation under BNSS is subject to judicial supervision:
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Magistrates can monitor investigation progress.
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Victims can approach courts if police delay or refuse FIR registration.
Impact of BNSS on Police Investigation
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Transparency – Digital FIR and case tracking enhance accountability.
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Speed – Time-bound charge sheet submission prevents delays.
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Efficiency – Forensic and digital evidence strengthen cases.
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Accessibility – Citizens can file complaints online, reducing harassment.
Key Challenges Ahead
While BNSS strengthens police investigations, challenges remain:
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Adequate training for police in digital tools.
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Infrastructure for forensic labs.
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Preventing misuse of police powers.
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Balancing rights of accused and victims.
The BNSS sections on police investigation modernize India’s criminal procedure by making it more transparent, accountable, and citizen-friendly. With emphasis on digital evidence, forensic integration, and time-bound trials, the BNSS is expected to reduce delays and improve justice delivery.
For law students, lawyers, and citizens, understanding these provisions is essential to know how the system functions under the new criminal law framework.
Disclaimer
This blog is for educational purposes only and does not constitute legal advice. For case-specific guidance, consult a qualified criminal lawyer.