About Inquiry, Investigation and Trial under BNSS
Under the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023, the inquiry, Trial and investigation process is meticulously structured to ensure transparency and efficiency. Here is a step-by-step explanation of the process, along with the relevant sections:
The Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023 is set to replace the Code of Criminal Procedure (CrPC), 1973 in India and seeks to modernize and reform the criminal justice process. It outlines the procedures for inquiries and investigations with more clarity and structure.
Registration of Information (FIR) – Section 173 BNSS
- Section 173: The process begins with registering a First Information Report (FIR). This section outlines the procedure for lodging an FIR, which is a written document prepared by the police upon receiving information about a cognizable offense. This marks the initiation of the investigation.
Investigation by Police – Section 174 and 175 BNSS
- Section 174: Upon receiving the FIR, the police are required to visit the scene of the crime, collect evidence, and record statements from witnesses. This section details the initial steps the police must take to gather preliminary information.
- Section 175: This section grants the police the authority to summon individuals for questioning and to collect further evidence. It ensures that the police have the necessary powers to conduct a thorough investigation.
Examination of Witnesses and Recording of Statements – Section 176 BNSS
- Section 176: Witnesses play a crucial role in the investigation process. This section describes the procedure for examining witnesses and recording their statements. It ensures that witness testimonies are documented accurately and comprehensively.
Medical Examination: Sections 177 BNSS
- Section 177: In cases where a medical examination is necessary, this section provides guidelines for the examination of both the victim and the accused. It ensures that medical evidence is collected in a manner that is both ethical and legally sound.
Submission of Report: Under BNSS
- Section 178: After completing the investigation, the police must compile a detailed report of their findings. This report, known as the charge sheet, is then submitted to the Magistrate. This section outlines the requirements for the report and the timeline for its submission.
Magistrate’s Role
- Section 179: The Magistrate reviews the police report to determine whether there is sufficient evidence to proceed with a trial. This section details the Magistrate’s responsibilities in evaluating the evidence and making a decision on the next steps.
Further Investigation
- Section 180: If new evidence comes to light after the initial investigation, the police can conduct further investigations with the Magistrate’s permission. This section ensures that the investigation can be reopened if necessary to uncover additional facts.
Conclusion of Investigation
- Section 181: Once the investigation is concluded, the police must inform the complainant about the outcome. This section ensures that the complainant is kept informed about the progress and results of the investigation.
Trial Preparation: Section 182 BNSS
- Section 182: This section outlines the steps for preparing for trial, including the collection of additional evidence and the preparation of witnesses. It ensures that the case is ready for presentation in court.
Conduct of Trial: Section 183 BNSS
- Section 183: The final step involves the conduct of the trial itself. This section provides guidelines for the trial process, ensuring that it is conducted fairly and efficiently.