Truth or Tactics? Inside India's New Crime Investigation Procedures Under BNSS Act 2023

 

Under the Bharatiya Nyaya Sanhita (BNSS) Act, 2023, police investigations for crimes must follow clear steps to ensure justice is served correctly. At the same time, the Bharatiya Sakshya Adhiniyam (BSA) Act, 2023 lays down rules on how evidence should be collected, handled, and presented in court. Let's break down these steps :

 

1. Registering the FIR (First Information Report):

• When someone reports a serious crime (called a cognizable offense), the police must record this information in writing, called an FIR.
• The FIR is the first step in starting an investigation. It includes details like the name of the person reporting the crime, the time, place, and description of the incident.
• A copy of the FIR is given to the person reporting the crime (the informant) free of charge.

2. Preliminary Inquiry:

• In some cases, the police may first conduct a short inquiry to check if the crime report is genuine before officially registering the FIR.
• This is done in cases like family disputes or financial frauds, where false complaints are sometimes made.

3. Visiting the Scene of the Crime:

• After registering the FIR, the Investigating Officer (IO) visits the crime scene. This is important for understanding what happened and gathering evidence.
• The officer takes photographs, makes sketches, and collects physical evidence (like bloodstains, weapons, etc.) from the scene.

4. Collection of Evidence (as per BSA Act, 2023):

• Evidence means anything that helps prove whether a crime happened or not. It can be physical (like weapons), documentary (like letters or contracts), or electronic (like emails or CCTV footage).
• The BSA Act, 2023 provides guidelines for how evidence must be collected and preserved to ensure it is not tampered with and remains reliable in court.
• The police must carefully document each piece of evidence, keep it safe, and maintain a chain of custody (a record showing who handled the evidence and when).

5. Examining Witnesses and Recording Statements:

• Witnesses are crucial in solving a crime. The IO identifies and questions witnesses to gather more information.
• The police record witness statements under Section 161 of the BNSS Act. Witnesses must provide accurate details; these statements are written down and signed by them.

6. Interrogation of the Accused:

• If the police identify the person suspected of committing the crime, they may be taken in for questioning.
• The accused person is asked questions about the crime. However, any confession (admission of guilt) made to the police is usually not accepted in court unless it leads to finding new evidence (under Section 27 of the Indian Evidence Act).

7. Arrest and Remand of the Accused:

• If enough evidence points towards someone’s involvement in the crime, the police can arrest the person.
• After the arrest, the accused must be brought before a Magistrate within 24 hours. The Magistrate can then decide to keep the accused in police or judicial custody for more investigation.

8. Search and Seizure:

• Sometimes, the police need to search a place, vehicle, or person to find evidence. They can get a search warrant from a Magistrate or conduct a search without one in emergencies.
• When items are seized, the police must list all seized items, have witnesses sign, and give a copy to the person whose property is searched.

9. Medical Examination:

• If the crime involves physical harm or sexual offenses, medical examinations of the victim and sometimes the accused are necessary.
• Medical reports provide strong evidence in court and must be conducted by authorized doctors.

10. Forensic Examination and Expert Opinions:

• Forensic evidence like DNA, fingerprints, or digital data is examined by experts.
• The BSA Act ensures that expert opinions are taken seriously in court. The experts’ findings help in understanding complex evidence like blood samples, bullet markings, etc.

11. Filing the Charge Sheet or Closure Report:

• After completing the investigation, if the police find enough evidence to charge the accused, they prepare a charge sheet and submit it to the court. This document outlines all the evidence and charges against the accused.
• If there isn’t enough evidence, a closure report is filed, explaining why the case should be closed. The court will then decide whether to accept this report or order further investigation.

12. Court Takes Cognizance and Trial Begins:

• Once the charge sheet is submitted, the court "takes cognizance" of the case, which means it officially starts the judicial process.
• The trial begins with both the prosecution (police and complainant side) and the defense (accused side) presenting their evidence and arguments. The court decides based on the evidence, witness testimonies, and legal arguments.

 

Key Points to Remember:

• Time-Bound Investigations: The BNSS Act emphasizes that investigations should be completed quickly to avoid delays.
• Use of Technology: Evidence collection using modern technology like digital evidence, CCTV footage, and electronic records is encouraged to ensure transparency.
• Rights of Victims and Accused: Both parties' rights are protected during the investigation, ensuring a fair process.
• Protection of Witnesses: Witnesses are given protection in sensitive cases to ensure they are not threatened or harmed.