BNSS Investigation Procedure and FIR Filing-Friendly Guide for Judiciary Exam

INTRODUCTION: Why This Topic Matters

Imagine this scenario: A crime happens in your neighborhood. Someone gets robbed, or falsely accused on social media, or a rape occurs. What happens next? How does the police investigation actually start? What are your rights?

The answer lies in the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 - India's NEW criminal procedure law that replaced the old Code of Criminal Procedure (CrPC), 1973.

And here's the thing: The investigation procedures under BNSS are COMPLETELY DIFFERENT from what your parents' generation knew. The confusion is REAL. Students struggle with this. Lawyers struggle with this. Even some police officers are still confused about the NEW rules.

In 2025, THIS topic is trending everywhere because:

• The 14-day preliminary enquiry under Section 173(3) has created massive confusion
• Students don't understand when police MUST register FIR vs when they CAN delay
• The rules about how police record witness statements (Sections 179-180) are unclear
• The mandatory forensic investigation requirement (Section 176) for serious crimes is new
• Only Magistrates can record confessions now - a huge change from before

This guide will break down EVERYTHING in simple, easy-to-understand language with real-life examples so you can actually UNDERSTAND these procedures, not just memorize them.

PART 1: THE BASICS - Understanding What FIR Really Is

What Does FIR Stand For?

FIR = First Information Report

But what does that really mean? Let's think about it practically.

Example: Suppose your bicycle is stolen from outside your house. You go to the police station crying and frustrated. You tell the police officer, "My bicycle was stolen! Please catch the thief!"

The police officer LISTENS to your story. This information - YOUR story about your stolen bicycle - is the "First Information" about a crime. The police officer then WRITES DOWN your story in an official document. That official document is the FIR.

So: FIR = Official written record of YOUR FIRST INFORMATION about a crime

Why is FIR So Important?

Think of FIR as the STARTING POINT of the entire criminal justice process:

1. You report crime → Police records your statement → Creates FIR
2. FIR is registered → Investigation officially begins
3. Investigation happens → Police collects evidence and witnesses
4. Charge sheet filed → Case goes to court
5. Trial happens → Judge decides guilt/innocence

If there's no FIR, there's no investigation. If there's no investigation, there's no case. If there's no case, the criminal walks free.

That's why FIR is CRITICAL. It's the foundation of everything.

What is a "Cognizable Offence"?

Here's where it gets important for BNSS understanding.

Definition: A cognizable offence is ANY crime that is punishable by the Bharatiya Nyaya Sanhita (BNS) with imprisonment for THREE YEARS or MORE.

Examples of Cognizable Offences:

• Murder (BNS 103) - 7 years punishment → Cognizable
• Rape (BNS 64) - 7 years minimum → Cognizable
• Theft (BNS 304) - Up to 3 years → Cognizable (because it can go UP TO 3 years)
• Cheating (BNS 318) - Up to 3 years → Cognizable
• Simple hurt (BNS 118) - Only 3 months to 1 year → NOT Cognizable (less than 3 years)

Why does this matter? Because the BNSS has different rules for cognizable vs non-cognizable offences. And THIS is where Section 173(3) comes in.

PART 2: SECTION 173(3) - THE 14-DAY PRELIMINARY ENQUIRY EXPLAINED IN DETAIL

The Problem This Section Solves

Before BNSS came, the CrPC had a HUGE problem:

Imagine you post on social media: "I think this politician is corrupt and taking bribes."

The politician gets angry and files a complaint against you for defamation (saying false things) and creating public mischief.

What happened before? Police would immediately register FIR. Your name would be in the FIR. People would know you were accused of a crime. Your reputation would be damaged.

BUT... what if the politician was lying? What if your statement was TRUE criticism, which you had every RIGHT to make under freedom of speech?

Too bad! The FIR was already registered. Your reputation already damaged. Even if the case is later DISMISSED, the damage is done.

This is the PROBLEM Section 173(3) solves.

What Section 173(3) Actually Says

Section 173(3) of BNSS allows police to conduct a 14-day PRELIMINARY ENQUIRY BEFORE registering FIR - but ONLY for specific types of offences.

In simple words: "Instead of immediately registering FIR for some offences, police can spend 14 days checking if the complaint is TRUE or FALSE. Only if it's TRUE, they register FIR."

But There Are STRICT CONDITIONS

Condition 1: The offence must be COGNIZABLE

• The punishment must be 3 years or more
• If punishment is less than 3 years, FIR must be registered immediately

Condition 2: The offence must be SPECIFICALLY in the 3-7 YEAR range

• NOT for offences punishable 7 years or MORE (those get immediate investigation)
• NOT for offences punishable less than 3 years (those get immediate FIR)
• ONLY for offences punishable between 3-7 years

Example of Eligible Offences for Section 173(3):

• BNS 500 (Defamation) - 2 years → Not eligible (less than 3 years... wait, it says 2 years but CAN be extended)
• BNS 505 (Statements causing public mischief) - up to 3 years → ELIGIBLE
• BNS 153 (Promoting communal disharmony) - up to 3 years → ELIGIBLE
• BNS 354 (Assault with criminal force to outrage modesty) - 3 years → ELIGIBLE

Condition 3: The offence must involve SPEECH, WRITING, or ARTISTIC EXPRESSION

• Freedom of speech is a fundamental right in India (Article 19 of Constitution)
• Section 173(3) specifically protects this right
• So preliminary enquiry applies to crimes involving what you SAY, WRITE, or CREATE
• NOT for physical crimes, financial crimes, etc.

Example:

• Social media post criticizing politician → Involves "writing" → Section 173(3) applies
• Cartoon/artwork criticizing government → Involves "artistic expression" → Section 173(3) applies
• Verbal criticism → Involves "speech" → Section 173(3) applies
• Theft/robbery → No speech involved → Section 173(3) does NOT apply

The 14-Day Timeline - CRITICAL FOR EXAM

This is THE most important thing to remember:

What happens:

1. Police receives complaint
2. Police checks if cognizable offence with 3-7 year punishment
3. Police checks if involves speech/writing/artistic expression
4. If ALL three conditions met: Police CAN conduct 14-day preliminary enquiry (but ONLY with permission from DySP or higher officer)
5. During those 14 days: Police investigates whether complaint is TRUE or FALSE
6. After 14 days: Police MUST decidern
   • If complaint is TRUE (prima facie case exists): FIR is REGISTERED
   • If complaint is FALSE (no case exists): Matter is CLOSED with reasons given to informant

IMPORTANT: The 14-day deadline is ABSOLUTE. Police CANNOT extend it. If 14 days pass, FIR MUST be registered (if any evidence found) or case MUST be closed.

Supreme Court Ruling: Imran Pratapgadhi v. State of Gujarat (2025)

In this landmark judgment, India's Supreme Court clarified EVERYTHING about Section 173(3).

The Court said:

Quote: "Section 173(3) is a WELCOMED ADDITION to protect freedom of expression. It prevents frivolous complaints from immediately damaging innocent persons' reputations. The 14-day limit is BINDING and cannot be extended even by one day. After 14 days, the matter must be decided."

What the Court meant:

• Section 173(3) is GOOD law because it protects freedom of speech
• It ONLY applies to specific types of cases involving expression
• The 14-day limit is ABSOLUTELY FIXED
• Police cannot use 173(3) to delay cases indefinitely
• After 14 days, police MUST either register FIR or close case

This ruling is CRUCIAL for exam questions. If any question asks "What happens after 14 days in Section 173(3)?" the answer is "FIR MUST be registered or case MUST be closed. No further delay."

Comparison Table: OLD CrPC vs NEW BNSS

Real-Life Scenario 1: Social Media Post - How Section 173(3) Works

The Situation:

• Priya posts on Facebook: "I believe Minister XYZ is taking bribes. I have seen evidence. Government should investigate."
• Minister's aide files complaint at police station for defamation (BNS 500) and promoting communal disharmony (BNS 153)
• BNS 500 = 2 years punishment; BNS 153 = 3 years punishment

Police Analysis:

1. Is it cognizable? YES (minimum 3 years for 153)
2. Is punishment 3-7 years? YES (153 has up to 3 years)
3. Does it involve speech/writing? YES (social media post = writing)
4. Can Section 173(3) apply? YES

What Happens Now:

1. Police Station Officer (PSO) goes to Deputy Superintendent of Police (DySP)
2. DySP reviews and grants permission for 14-day preliminary enquiry
3. Police spends 14 days:
   • Checking if Minister actually took bribes (investigating Priya's claim)
   • Finding evidence of corruption
   • OR finding no evidence of corruption
   
   
4. After 14 days:
   • If evidence found: "Preliminary enquiry shows prima facie case exists. FIR is REGISTERED under BNS 153."
   • If no evidence: "Preliminary enquiry shows no prima facie case. Matter closed. Priya informed of closure reason."

Why This Matters: Without Section 173(3), Priya's FIR would be registered immediately, damaging her reputation, even if her allegation was TRUE criticism she had every right to make.

Real-Life Scenario 2: When Section 173(3) DOES NOT Apply

The Situation:

• Ram goes to police station: "Shyam robbed my house and stole 50,000 rupees"
• Crime: Robbery (BNS 392) - 7 years minimum punishment

Police Analysis:

1. Is it cognizable? YES
2. Is punishment 3-7 years? NO (it's 7 years MINIMUM, not 3-7)
3. Offence is SERIOUS (7+ years)
4. Can Section 173(3) apply? NO

What Happens:

• Police MUST register FIR IMMEDIATELY
• No 14-day preliminary enquiry allowed
• Serious crimes get immediate investigation
• Investigation must proceed according to Section 176 procedures

PART 3: SECTIONS 179-180 - WITNESS EXAMINATION DETAILED EXPLANATION

Why Witness Examination Matters

Imagine you're investigating a murder case. There are 5 witnesses:

• 65-year-old woman who saw suspect fleeing
• 16-year-old girl who heard gunshot
• 28-year-old man (victim's friend) who arrived after murder
• 10-year-old boy who was playing nearby
• 55-year-old man with severe arthritis (difficult to walk)

Under OLD CrPC, police could summon ALL of them to police station. The elderly woman, the child, the disabled man - all forced to travel to police station, sit in uncomfortable chairs, answer questions.

This caused REAL problems:

• Elderly witnesses suffered physically
• Child witnesses got frightened at police station
• Disabled witnesses faced hardship
• Women felt unsafe at police stations

BNSS Section 179 FIXED this problem.

Section 179: Who Can Police Force to Come to Police Station?

Section 179 says: Police can issue written order to REQUIRE attendance of any person who appears to know facts about the case.

BUT - and this is important - SOME PEOPLE ARE EXEMPT FROM THIS REQUIREMENT.

WHO IS EXEMPT? (CRITICAL FOR EXAM)

1. Males under 15 years old

   • Example: 12-year-old boy
   • Police cannot force him to police station
   • Police must interview him at his home
   
   

2. FEMALES OF ANY AGE

   • Example: 8-year-old girl, 25-year-old woman, 75-year-old grandmother
   • ALL females are exempt
   • Police cannot force them to come to station
   • Police MUST go to their home/preferred location
   
   

3. Any male over 60 years old

   • Example: 62-year-old grandfather
   • Police cannot force to police station
   • Police should go to his residence
   
   

4. Anyone with physical or mental disability

   • Example: Person with cerebral palsy, person with schizophrenia
   • Police cannot force to police station
   • Police must interview at their residence
   
   

5. Anyone with acute illness

   • Example: Person with high fever, severe injury
   • Police cannot force to police station
   • Police can interview once person recovers or at hospital

IMPORTANT EXCEPTION: All these exempt persons CAN come to police station IF THEY THEMSELVES WANT TO. The exemption means police CANNOT FORCE them, not that they're forbidden.

Example: "Officer, I'm a 70-year-old woman, but I WANT to come to police station to give my statement." Police cannot refuse. She can come if she wishes.

Section 180: How Police Examine Witnesses - Detailed Procedure

Now that police has brought witness to correct location (police station OR their home), what's the PROCEDURE?

Step 1: Explain Legal Position Police officer tells witness: "You are legally bound to tell the truth. If you lie, that's called perjury and is a crime."

Step 2: Ask Questions Police officer asks questions about what witness saw, heard, or knows about the crime.

Step 3: Record Answers Police officer WRITES DOWN the answers. There are different ways:

Option A: Question-Answer Format

Q1: "What is your name?"A1: "Ramesh Kumar"Q2: "Where were you on 5th January at 8 PM?"A2: "I was at home sleeping"Q3: "Did you hear any noise?"A3: "Yes, I heard a loud gunshot around 8:30 PM"

Option B: Narrative Format

"Witness Ramesh Kumar states that he was sleeping at home on 5th January. Around 8:30 PM, he heard a loud gunshot. He got up and looked outside his window. He saw a man running away from the neighbor's house. The man was wearing a red shirt and carrying a bag."

Option C: Audio-Video Recording Police officer records the entire witness examination on video/audio (like a voice note or video call).

IMPORTANT RULES FOR RECORDING:

• Verbatim Recording: Write EXACTLY what witness says, not your interpretation
• Read Back to Witness: After writing, read the entire statement back to the witness
• Ask for Corrections: "Is this correct? Do you want to change anything?"
• Make Allowed Corrections: If witness says "That's wrong. I said 9 PM, not 8 PM," change it
• Signature/Thumbprint: In writing, witness can sign or put thumbprint (NOT mandatory)
• In Sexual Offence Cases: Woman police officer MUST record, audio-video RECOMMENDED

PROTECTION RULES: Witness CANNOT be forced to answer:

• Questions that would expose witness to criminal charge (Example: "Did YOU steal anything?" if witness stole something)
• Questions that would expose witness to penalty
• Questions that would expose witness to forfeiture (loss of property)

Real-Life Scenario 3: Robbery Investigation - Witness Examination Under Section 179-180

The Crime: Jewelry store robbery. 3 witnesses identified.

Witness 1: Ramesh (35-year-old male store owner)

• Exempt? NO
• Police procedure: Can issue written order to come to police station
• Recording: At police station, statement recorded in Q&A format

Witness 2: Savitri (72-year-old woman, neighbor)

• Exempt? YES (female + over 60)
• Police procedure: Police CANNOT force her to station. Police goes to HER home
• Recording: At her home/garden, statement recorded. She wants video, so audio-video done on officer's phone

Witness 3: Arjun (14-year-old boy, nearby student)

• Exempt? YES (male under 15)
• Police procedure: Police CANNOT force to station. Police goes to HIS school/home
• Recording: At school (with principal present), statement recorded on paper

PART 4: SECTION 183 - CONFESSIONS RECORDED BY MAGISTRATE (ABSOLUTE RULE)

The Critical Rule You Must Remember

ONLY A MAGISTRATE CAN RECORD CONFESSION. NO POLICE OFFICER, EVER, UNDER ANY CIRCUMSTANCE, CAN RECORD CONFESSION.

This is not a suggestion. This is not "usually the case." This is an ABSOLUTE RULE.

Even if:

• Police officer has Magistrate powers
• Police officer has 20 years experience
• Officer has permission from Commissioner
• Suspect is willing and eager to confess

NONE of this matters. ONLY Magistrate can record confession.

Why This Rule Exists

Historically, under old CrPC, police could force false confessions through torture, threats, or unfair pressure. Innocent people would confess to crimes they didn't commit just to stop the pain.

BNSS Section 183 prevents this by saying: "Confession is so serious, ONLY a neutral judge (Magistrate) - not the police investigating the case - can record it."

This ensures:

• Magistrate is neutral (doesn't have investigating incentive)
• Magistrate can assess if confession is VOLUNTARY
• Magistrate can ensure accused person's rights are protected
• Magistrate can verify accused understands what they're confessing to

The Exact Procedure Under Section 183

Step 1: Accused Goes to Magistrate After arrest, police brings accused person before the Magistrate of the district.

Step 2: Magistrate Explains Rights Magistrate tells accused person:

"You are NOT bound to make any confession. You have the right to remain silent. If you DO make a confession, anything you confess can be used as EVIDENCE AGAINST YOU in court. Do you understand?"

This is CRITICAL. Accused must understand they're confessing VOLUNTARILY, not being forced.

Step 3: Magistrate Assesses Voluntariness Magistrate questions accused person:

• "Has police threatened you?"
• "Are you confessing on your own will?"
• "Are you feeling physically well?"
• "Do you have any mental issues?"

Purpose: Ensure confession is TRULY voluntary.

Step 4: Magistrate Records Confession If Magistrate is convinced confession is voluntary, Magistrate records it in:

• Writing (preferred)
• Audio-video format (allowed)
• Shorthand (allowed)

Step 5: Magistrate Writes Memorandum After recording, Magistrate writes official memorandum (note):

"I, [Magistrate Name], have explained to [Accused Name] that:

• He is NOT bound to make confession
• Any confession can be used as evidence against him

I have examined the accused person and believe the confession made is VOLUNTARY and NOT induced by any threat, promise, or coercion.

This confession was taken in my presence and hearing. I have read it over to [Accused Name] and he confirmed it is accurate."

Step 6: Accused Signs Confession Accused person signs or puts thumbprint on the confession, confirming accuracy.

Step 7: Magistrate Signs Magistrate signs, putting official seal.

THE CRITICAL PROTECTION: Section 183(3)

What if accused person REFUSES to make confession?

Answer: Section 183(3) says:

"If the Magistrate is satisfied that the accused is NOT willing to make any confession, the Magistrate CANNOT authorize police custody and must release the accused."

In simple words: If accused refuses to confess, police CANNOT detain them further. They MUST be released immediately. Period.

This is ABSOLUTE protection. Cannot be overridden.

Audio-Video Recording of Confessions

Confession CAN be recorded using audio-video means (like video on phone or official camera) PROVIDED:

• Accused's lawyer/advocate is PRESENT during recording
• Proper procedure is followed
• Voluntariness is established
• All formalities (Magistrate signature, memorandum) completed

Key Comparison: Confession vs Statement Under Section 183

Real-Life Scenario 4: Rape Case - Confession Recording

The Case:

• Rape FIR registered
• Suspect arrested
• Police bring suspect before Magistrate next day

Magistrate's Procedure:

1. Magistrate asks accused: "Do you want to make a confession?"

   • Accused nods: "Yes, I want to admit my guilt"
   
   

2. Magistrate explains rights:

   • "You're not forced to confess"
   • "Confession can be used against you"
   • "You have right to remain silent"
   
   

3. Magistrate assesses voluntariness:

   • "Has police beaten you?" → "No"
   • "Has police threatened you?" → "No"
   • "Are you confessing of your own will?" → "Yes"
   • "Any physical/mental issues?" → "No"
   
   

4. Magistrate records confession (audio-video with advocate present):

   • "I confess that I committed rape as charged"
   • "I understand the severity of this crime"
   • Details recorded
   
   

5. Magistrate memorandum written:

   • Confirming voluntariness
   • Confirming no coercion
   
   

6. Accused signs: Video evidence of signing

PART 5: SECTION 176 - FORENSIC INVESTIGATION (REVOLUTIONARY CHANGE)

What's Revolutionary About Section 176?

Before BNSS, forensic investigation was OPTIONAL. Police could investigate crimes without collecting ANY scientific evidence. Many cases relied entirely on witness statements, which could be false or unreliable.

BNSS Section 176(3) made forensic investigation MANDATORY for serious crimes.

In simple words: "For crimes punishable 7+ years (serious crimes), police MUST have forensic expert go to crime scene, collect scientific evidence, and videograph everything."

What is Forensic Investigation?

Forensic investigation means using SCIENCE to collect evidence:

• Blood samples from crime scene
• DNA from hair/skin/saliva
• Fingerprints from objects
• Bullet casings in shooting
• Soil samples
• Digital evidence from phones/computers
• Chemical analysis
• Medical examination

Why Science? Because science doesn't lie. Eyewitnesses can make mistakes, forget details, or lie intentionally. But scientific evidence is objective, reliable, and often conclusive.

Section 176(3) - The Mandatory Forensic Requirement

Who: Any police officer conducting investigation

For Which Crimes: Offences punishable with 7 YEARS OR MORE imprisonment

Examples of 7+ Year Crimes:

• Murder (BNS 103) - 7 years minimum
• Rape (BNS 64) - 7 years minimum
• Dacoity (BNS 391) - 10 years minimum
• Organized crime (BNS 109) - Can be 7+ years

NOT Covered (Less than 7 years):

• Theft (BNS 304) - 3 years
• Assault (BNS 118-121) - 1-3 years
• Cheating (BNS 318) - 3 years

What Officer MUST Do

Requirement 1: Forensic Expert Must Visit Crime Scene Police cannot do forensic work themselves. They must call official forensic expert from Forensic Science Laboratory (FSL).

Requirement 2: Evidence Must Be Collected Properly Expert collects blood, DNA, fingerprints, etc. in PROPER procedure (chain of custody maintained).

Requirement 3: ENTIRE Process Must Be Videographed This is new and IMPORTANT. Everything - from expert arriving at crime scene to evidence being collected to evidence being packed - MUST be videographed.

Technology Used:

• Mobile phone video (allowed)
• Professional camera (preferred)
• Any electronic video recording device

Why Videography? Because it creates permanent record. Later, if police change evidence or make fake claims, the video proves what really happened.

Requirement 4: Report to Magistrate IMMEDIATELY After crime scene investigation starts, police MUST immediately inform Magistrate with details.

Requirement 5: Fortnightly Diary to Magistrate Every 2 weeks (fortnightly), police sends written diary (status update) to Magistrate about investigation progress.

Timeline for Implementation

Section 176(3) has been introduced but full implementation takes time to build FSL infrastructure.

Timeline: FULL implementation by July 2029 (5 years from July 2024)

Meanwhile: States can use forensic facilities from:

• Other states (through mutual agreement)
• Central Forensic Science Laboratory
• Private labs (if government approves)

What If Police Don't Have Forensic Equipment Yet?

Until 2029, if state doesn't have forensic facility:

• Use neighboring state's facility (temporary arrangement)
• Get central government assistance
• Hire contracted labs
• Still MUST comply with Section 176(3) requirements

Important: Not having equipment is NOT an excuse to skip forensic investigation. Police must find a way to comply.

Section 176(3) Exceptions

Exception 1 (Section 176(3)(a)): If complaint names specific individual AND case is NOT of serious nature:

• Police doesn't personally need to visit
• Can depute subordinate officer
• Reduces bureaucracy for minor cases

Exception 2 (Section 176(3)(b)): If investigating officer thinks insufficient grounds for investigation:

• Can RECORD REASONS
• Close investigation without visiting
• Must NOTIFY informant with reasons

Real-Life Scenario 5: Murder Investigation with Section 176 Forensic Requirement

The Crime: Murder (BNS 103) in Patna.

Forensic Procedure:

1. FIR Registered: Crime scene sealed, evidence protected

2. Investigating Officer Calls Forensic Expert:

   • From Patna FSL or Bihar FSL
   • Expert arrives with equipment
   
   

3. Crime Scene Videography Begins:

   • Entire scene recorded on phone/camera before anything touched
   • Expert's arrival and setup recorded
   • Evidence collection recorded
   
   

4. Evidence Collection:

   • Blood samples from victim (for DNA)
   • Blood from suspect (if identified)
   • Fingerprints from murder weapon
   • Fiber samples from victim's clothes
   • Photographs
   
   

5. Videography Continues: All of above process filmed

6. Chain of Custody:

   • Evidence sealed in packages
   • Labels with date/time/officer name
   • Signature of expert and officer
   • Each package photographed
   
   

7. Report to Magistrate:

   • IO sends detailed report: "Forensic expert visited on [date], collected [evidence], videography done on phone (video saved at [location])"
   
   

8. Evidence Sent to Lab: Packaged evidence sent to FSL for analysis

9. Fortnightly Updates: Every 2 weeks, IO sends status to Magistrate: "Awaiting DNA report", "Medical report received", etc.

Timeline: Forensic report expected in 2-4 weeks (depends on lab workload)

PART 6: COMPLETE STEP-BY-STEP FIR FILING PROCESS - DETAILED

Step 1: Where to File FIR?

IMPORTANT: You can file FIR at ANY police station, ANYWHERE in India.

This is called "ZERO FIR" - because the FIR starts at ZERO jurisdiction (not the local jurisdiction where crime occurred).

Examples:

• Crime happened in Delhi, but you're in Patna → File FIR in Patna
• Crime happened in Mumbai, but you're in Bangalore → File FIR in Bangalore
• Later, the FIR is TRANSFERRED to proper jurisdiction

Benefit: You don't have to travel to crime location to file FIR. File anywhere convenient.

Step 2: What Information to Provide?

Tell police officer:

1. Your Details:

   • Name
   • Address
   • Phone number
   • Email (optional)
   
   

2. Victim Details (if different from you):

   • Name
   • Address
   • Relationship to you
   
   

3. Crime Details:

   • Date of crime (exact date or approximate)
   • Time of crime (exact or approximate)
   • Location of crime (exact address or location description)
   • What happened (detailed narration)
   
   

4. Suspect Details (if known):

   • Name(s)
   • Description (height, color, age)
   • Address (if known)
   • Any nicknames
   
   

5. Witnesses (if any):

   • Names
   • Contact details
   • What they saw/know
   
   

6. Evidence:

   • Physical evidence (weapon, stolen items)
   • Documents (receipts, written threats)
   • Photos/videos
   • Any other proof

Step 3: HOW Police Records Information

Option 1: Oral Recording (In-Person)

You go to police station and tell your story. Police officer:

1. Listens carefully
2. Takes notes
3. Asks clarifying questions
4. Writes down your statement
5. Reads it back to you
6. Asks if you want any corrections
7. You sign the statement

Option 2: E-FIR (Online)

Many police stations now have online FIR filing:

1. Go to state police website
2. Click "File FIR Online" or "e-FIR"
3. Fill in form with all details
4. Upload documents/photos/videos
5. Submit
6. Within 3 days: You MUST sign the e-FIR at police station
7. e-FIR converts to official FIR

Advantage of e-FIR:

• Can file anytime (even 2 AM)
• Don't have to go to police station immediately
• Digital record
• Less chances of recording errors

Step 4: Police Checks - Is This a Cognizable Offence?

Police officer analyzes: "Does this information show a cognizable offence?"

If YES → FIR must be registered (or if 173(3) applies, 14-day enquiry)

If NO (non-cognizable) → Police cannot register FIR (can file report but not FIR)

Step 5: Check for Section 173(3) Applicability

Police checks:

• Is offence punishable 3-7 years?
• Does it involve speech/writing/artistic expression?
• If YES to both: Police can seek DySP permission for 14-day preliminary enquiry

Step 6: FIR Registration

Assuming cognizable offence (and no 173(3) applicable or preliminary enquiry completed):

Police registers FIR with:

• Unique FIR Number (Example: 0451/2025)
• Date of registration
• Name of informant
• Crime details
• Police station stamp and signature

You Get: Official copy of FIR (FREE)

Step 7: Investigation Officer Assigned

SHO (Station House Officer) assigns case to:

• Sub-Inspector (SI) or
• Assistant Sub-Inspector (ASI) or
• Head Constable (HC)

Selected officer becomes Investigating Officer (IO).

Step 8: Investigation Begins

Investigating Officer:

1. Visits crime scene
2. Collects evidence
3. Records forensic video (if 7+ year offence)
4. Examines witnesses (Sections 179-180)
5. Records victim statement
6. Collects technical evidence (CCTV, phone records)
7. Arrests suspect (if identified and prima facie case)

Step 9: Evidence Gathering

Physical Evidence:

• Weapon used in crime
• Stolen items
• Clothes of accused/victim
• Objects found at crime scene

Documentary Evidence:

• Receipts, bills
• Written threats
• Contracts, agreements
• Bank records

Photographic Evidence:

• Crime scene photos
• Injury photos (in assault/rape)
• CCTV footage

Witness Statements:

• Recorded under Section 180
• Written in question-answer format
• Signed by witnesses

Forensic Evidence (if 7+ years):

• Blood/DNA samples
• Fingerprints
• Fibers
• Lab reports

Step 10: Report to Magistrate

IO sends official report to Magistrate:

• Detailed description of investigation so far
• Evidence collected
• Witnesses examined
• Progress made

If serious crime (7+ years): Includes forensic videography details

Step 11: Investigation Complete

After full investigation, IO compiles all evidence and prepares CHARGE SHEET (if sufficient evidence) or CLOSURE REPORT (if insufficient evidence).

Step 12: Charge Sheet Filed

If sufficient evidence:

• Charge sheet filed before Magistrate/Sessions Court
• Case goes for trial
• Judge decides guilt/innocence

If insufficient evidence:

• Closure report filed
• Case closed
• No trial

PART 7: KEY TIMELINES (ESSENTIAL FOR EXAM)

PART 8: FREQUENTLY ASKED QUESTIONS (EXPANDED)

Q1: Can preliminary enquiry under 173(3) delay FIR registration indefinitely?

A1: NO. This is the #1 exam question. The Supreme Court in Imran Pratapgadhi (2025) made clear: Preliminary enquiry has ABSOLUTE 14-day limit. After 14 days, police MUST either register FIR or close case. Cannot extend even by one day.

Q2: Can police officer force woman witness to come to police station for questioning?

A2: NO. Section 179 explicitly exempts all females from compulsory police station attendance. Police MUST go to woman's residence or any other location she prefers. Woman can voluntarily come to station if she wishes, but police cannot force her.

Q3: Can police record confession from suspect?

A3: Absolutely NO. ONLY Magistrate can record confession under Section 183. This is absolute rule. Even police officer with Magistrate powers cannot record confession. This rule protects suspects from torture and forced confessions.

Q4: What if suspect refuses to confess before Magistrate?

A4: Section 183(3) states: Magistrate CANNOT authorize police custody. Suspect MUST be released immediately. This is absolute protection. Police cannot detain further.

Q5: Is forensic investigation mandatory for all crimes?

A5: NO. Section 176(3) makes forensic investigation MANDATORY ONLY for offences punishable with 7 YEARS OR MORE imprisonment. Lesser offences don't require mandatory forensic investigation (though police can use forensics voluntarily).

Q6: What is Zero FIR and why is it important?

A6: Zero FIR means FIR filed at any police station regardless of jurisdiction where crime occurred. Important because: (1) Informant doesn't have to travel to crime location, (2) FIR gets registered immediately, (3) Later transferred to proper jurisdiction. This prevents delays.

Q7: Can I file FIR online (e-FIR)?

A7: YES. Most states allow e-FIR through police website. You fill online form and submit. But within 3 days, you MUST sign the e-FIR at police station for it to become official. Advantage: Can file anytime, anyday.

Q8: What if police refuses to register FIR?

A8: If police wrongly refuses to register cognizable FIR, you can file application under Section 173(4) before Magistrate. Magistrate will direct police to register FIR. You can also complain to Senior Police Officer.

Q9: How long does police investigation take?

A9: No fixed timeline under Section 187, but "reasonable" period expected (typically 2-6 months for straightforward cases, longer for complex cases). Magistrate monitors through fortnightly diary and can direct faster completion if delayed unreasonably.

Q10: Can police continue investigation after charge sheet is filed?

A10: YES. Under Section 187, police can conduct "final investigation" after charge sheet. Any new evidence found can be submitted to court as "supplementary charge sheet."

PART 9: COMPREHENSIVE REVISION CHECKLIST FOR EXAM

Section-by-Section Checklist

Section 173 - FIR Registration

• Section 173(1): FIR MANDATORY when information discloses cognizable offence
• Section 173(3): Preliminary enquiry 14-day limit for 3-7 year speech-related offences
• Section 173(4): Application to Magistrate if FIR refused
• Section 173(5): e-FIR requires signature within 3 days
• Key Point: No discretion in registering cognizable FIR

Section 175 - Police Powers

• Police can investigate cognizable offences
• Police can search, seize, arrest without warrant
• Non-cognizable crimes require court permission

Section 176 - Investigation Procedure

• Section 176(1): Report to Magistrate immediately after starting investigation
• Section 176(2): Fortnightly diary to Magistrate
• Section 176(3): Forensic investigation MANDATORY for 7+ year offences
• Videography of entire forensic process required
• Implementation by July 2029

Section 179 - Witness Summoning

• Police can issue written order for attendance
• Exemptions: Females (all ages), males under 15, over 60, disabled, ill
• Exempt persons cannot be forced to police station
• Can be interviewed at their residence

Section 180 - Witness Examination

• Recording: Written, Q&A, narrative, or audio-video allowed
• Read back to witness and corrections allowed
• Signatures NOT mandatory
• Sexual offense cases: Woman officer records, audio-video recommended
• Witness rights: Cannot be forced to answer self-incriminating questions

Section 183 - Confessions

• ONLY Magistrate can record
• Not police, not any officer
• Magistrate must explain rights before recording
• Magistrate must assess voluntariness
• Section 183(3): If accused refuses, must be released immediately
• Audio-video recording allowed with advocate present
• Memorandum by Magistrate confirming voluntariness required

Section 184 - Medical Examination (Rape)

• Medical examination within 7 days to investigating officer
• Woman officer should conduct
• Forensic evidence preservation
• Consent required

Timeline Checklist (Memorize for Exam)

• Preliminary Enquiry: 14 days MAXIMUM
• FIR Registration: IMMEDIATE for cognizable
• Report to Magistrate: IMMEDIATELY
• Fortnightly Diary: Every 14 days
• Medical Report (Rape): Within 7 days
• Unnatural Death: Within 24 hours
• e-FIR Signature: Within 3 days

Key Supreme Court Cases

• Lalita Kumari v. UP: FIR MUST be registered if cognizable offence information received
• Imran Pratapgadhi v. State of Gujarat (2025): Section 173(3) 14-day limit is ABSOLUTE, purpose is protecting speech

Comparison Table - Exam Important

CONCLUSION: WHY THIS MATTERS FOR YOUR EXAM

Understanding BNSS investigation procedures is critical because:

1. Exam Focus: These sections (173, 176, 179, 180, 183) appear in almost every judiciary exam
2. Practical Application: If you become judge, you'll deal with these daily
3. Student Rights: Knowing these helps protect yourself if falsely accused
4. Professional Knowledge: Essential for lawyers, judges, police officers

Master These Concepts:

• Section 173(3) 14-day limit is ABSOLUTE
• Preliminary enquiry is ONLY for specific cases
• Witness examination has exemptions for vulnerable persons
• ONLY Magistrate can record confessions
• Forensic is mandatory for serious crimes (7+)

Practice Converting Fact Patterns:

• Read scenario
• Identify offence and punishment
• Determine which sections apply
• Apply procedure step-by-step
• This is what judiciary exams test

Disclaimer: While this guide has been prepared with utmost care, readers are advised to verify all section numbers, definitions, and legal provisions mentioned herein against the official Bharatiya Nyaya Sanhita, 2023 text and relevant court judgments. Laws are subject to amendments and judicial interpretations. For accurate legal advice, consult qualified legal professionals or official government sources. Judex Tutorials shall not be liable for any errors, omissions, or consequences arising from reliance on this content.