Changes Related To Power Of Police To Investigate

Chapter XIII of BNSS deals with the ‘Information to the Police and their Power to Investigate’. Earlier, it was governed by the provisions of Chapter XII of the CrPC. However, all sections, whether from CrPC or BNSS, underscore the importance of compliance with legal provisions and maintaining transparency in the investigation process. While Section 165 of CrPC establishes the groundwork for searches, Sections 173, 176, and 185 of BNSS build upon this foundation, introducing refinements that adapt to the evolving landscape of criminal procedure. Notably, BNSS Sections 173 and 176 enhance victim protection by facilitating the recording of statements in a secure environment.

Reporting Offenses - Section 165 (CrPC) vs. Section 173 (BNSS):-

While both CrPC Section 165 and BNSS Section 173 address the reporting of offenses, BNSS introduces nuanced changes.

Section 165 CrPC

Section 173 BNSS

Focuses on reporting searches and seizures to the magistrate.

No provision for preliminary inquiry before investigation.

Mandates prompt reporting of cognizable crimes to the magistrate.

Emphasises recording information at the informant’s residence, especially in specific cases.
Allows for a preliminary inquiry before a full-fledged investigation for offenses punishable with imprisonment for three years or more but less than seven years.

These changes enhance transparency in the reporting process and ensures a more tailored response based on the gravity of the alleged offense.

Investigation Process - Section 165 (CrPC) vs. Section 176 (BNSS):-

Section 165 of CrPC primarily addresses search procedures, whereas BNSS Section 176 delves into the broader investigative process.

Section 165 CrPC

Section 176 BNSS

Primarily addresses search procedures.
Does not explicitly address the considerations for the less serious offences.
Does not emphasise the well-being and comfort of the victim during legal proceedings.

Details the investigation process, emphasising prompt reporting to the magistrate.
Allows the officer in charge to refrain from personally going to the crime scene in certain cases, introducing flexibility based on the nature of the offense.
Highlights the recording of the victim’s statement, particularly in cases of rape, at a chosen and secure location, prioritising the well-being and comfort of the victim.

Search Powers - Section 165 (CrPC) vs. Section 185 (BNSS):-

Section 165 CrPC	Section 185 BNSS
Grants authority for searches without a warrant based on reasonable grounds. Emphasises the transparency of the search process, requiring recording of grounds for belief and reporting to the magistrate.	Retains the power for warrantless searches with reasonable grounds. Introduces flexibility by allowing officers to delegate searches to subordinates, recognising practical challenges and maintaining efficiency in investigations.

This adaptation acknowledges the practical challenges in executing searches and empowers law enforcement to maintain efficiency in investigations.

In essence, the BNSS sections demonstrate an evolution in the present legal provisions, integrating flexibility, and incorporating safeguards to strike a delicate balance between law enforcement requirements and the protection of individual rights. These changes signify a commitment to ensuring fairness, efficiency, and victim-centric approaches within the criminal justice system.

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