Section 176 of THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 – BNSS

Procedure for
investigation.

176. (1) If, from information received or otherwise, an officer in charge of a police
station has reason to suspect the commission of an offence which he is empowered under
section 175 to investigate, he shall forthwith send a report of the same to a Magistrate
empowered to take cognizance of such offence upon a police report and shall proceed in
person, or shall depute one of his subordinate officers not being below such rank as the
State Government may, by general or special order, prescribe in this behalf, to proceed, to
the spot, to investigate the facts and circumstances of the case, and, if necessary, to take
measures for the discovery and arrest of the offender:
Provided that—
(a) when information as to the commission of any such offence is given against
any person by name and the case is not of a serious nature, the officer in charge of a
police station need not proceed in person or depute a subordinate officer to make an
investigation on the spot;
(b) if it appears to the officer in charge of a police station that there is no
sufficient ground for entering on an investigation, he shall not investigate the case:
Provided further that in relation to an offence of rape, the recording of statement of
the victim shall be conducted at the residence of the victim or in the place of her choice and
as far as practicable by a woman police officer in the presence of her parents or guardian or
near relatives or social worker of the locality and such statement may also be recorded
through any audio-video electronic means including mobile phone.
(2) In each of the cases mentioned in clauses (a) and (b) of the first proviso to
sub-section (1), the officer in charge of the police station shall state in his report the
reasons for not fully complying with the requirements of that sub-section by him, and,
forward the daily diary report fortnightly to the Magistrate and in the case mentioned in clause (b) of the said proviso, the officer shall also forthwith notify to the informant, if any,

in such manner as may be prescribed by rules made by the State Government.

(3) On receipt of every information relating to the commission of an offence which is

made punishable for seven years or more, the officer in charge of a police station shall, from

such date, as may be notified within a period of five years by the State Government in this

regard, cause the forensic expert to visit the crime scene to collect forensic evidence in the

offence and also cause videography of the process on mobile phone or any other electronic

device:

Provided that where forensic facility is not available in respect of any such offence,

the State Government shall, until the facility in respect of that matter is developed or made

in the State, notify the utilisation of such facility of any other State.