In short
Crime investigation is the statutory sequence by which the police convert information about an offence into evidence fit for trial: recording the first information, visiting the scene, collecting physical and oral evidence, arresting and interrogating the accused, and filing a final report (charge-sheet) before a competent magistrate. Since 1 July 2024 the process is governed by the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), which replaced the Criminal Procedure Code, 1973, with the Bharatiya Nyaya Sanhita, 2023 (BNS) supplying the offences and the Bharatiya Sakshya Adhiniyam, 2023 (BSA) the law of evidence. The topic is the backbone of Criminology and Police Administration papers on "Police and Investigation", and is asked in every interview for police sub-inspector and constable recruitment (SSC CPO, state PSC, CAPF), and in private roles — corporate investigations, insurance fraud, compliance and legal-process outsourcing — where staff must read an FIR and a charge-sheet correctly. Note that BNSS is recent law: section numbers below are the BNSS numbers, with the old CrPC equivalent in brackets only where the mapping is settled.
Explained
Information, cognizable and non-cognizable offences
- Cognizable offence — one in which a police officer may arrest without warrant and investigate without a magistrate's order; non-cognizable — neither is permitted without the magistrate's leave. The classification for each offence is listed in the First Schedule to the BNSS.
- FIR (First Information Report) — the first information relating to the commission of a cognizable offence, reduced to writing under BNSS s.173 (CrPC s.154), read over to the informant, signed by them, and a free copy given forthwith. The expression "FIR" itself is not used in the statute; it comes from police rules and practice.
- BNSS s.173 additions: information may be given orally, in writing or by electronic communication; an electronic FIR must be signed within three days by the informant to be entered in the book. This is the statutory basis for e-FIR / online FIR portals run by state police.
- Zero FIR — where the offence was not committed within the station's jurisdiction, the station must still register it, number it "zero", and transfer it to the competent station; it is given a regular number there. Earlier an administrative practice, it is now backed by s.173's duty to register irrespective of where the offence was committed.
- Preliminary enquiry: for offences punishable with 3 years or more but less than 7 years, s.173(3) permits the officer, with the prior permission of a DSP-rank officer, to conduct a preliminary enquiry within 14 days to see whether a prima facie case exists, before proceeding to investigate.
- Non-cognizable cases — the officer enters the substance in the station diary (the NCR / non-cognizable register) and refers the informant to the magistrate; investigation only on the magistrate's order under s.174 (CrPC s.155).
- Refusal to register: the informant may send the substance in writing to the Superintendent of Police (s.173(4)), who investigates or directs investigation; failing that, a complaint to the magistrate under s.175(3) (CrPC s.156(3)), who may order investigation after hearing the police on their report.
- Lalita Kumari v. Govt. of U.P. (2014, Constitution Bench) — registration of an FIR is mandatory on information disclosing a cognizable offence; no preliminary enquiry is permitted to verify truth, only (in limited categories) to see whether a cognizable offence is disclosed. BNSS s.173(3) has now put a narrow enquiry on a statutory footing for the 3-to-7-year band.
- FIR is not substantive evidence — it is used to corroborate (BSA, former Evidence Act s.157) or contradict (s.145) the informant; it becomes substantive only if it is a dying declaration or a confession by the informant-accused (then hit by s.25 Evidence Act / BSA bar).
- Sensitive-offence rules: in sexual offences the statement of the victim is recorded by a woman police officer (or woman officer) at the victim's residence or a place of her choice, in the presence of a parent/guardian/social worker; for a victim who is mentally or physically disabled the statement is recorded at her residence with an interpreter/special educator and must be videographed. A victim's statement in specified sexual offences is recorded by a Judicial Magistrate under s.183 (CrPC s.164) where required, and medical examination within 24 hours is provided for.
The investigation: scene, documents and evidence
- Entry in the station diary and dispatch of the FIR copy — a copy of the FIR must be sent forthwith to the jurisdictional magistrate so an external, time-stamped record exists; delay in FIR dispatch is a standard defence point.
- Visit to the scene (s.175, former s.157) — the officer in charge proceeds in person or deputes a subordinate; the scene is cordoned, photographed and the site plan (rough and scaled) prepared.
- Forensic collection is now compulsory: BNSS s.176(3) requires, for offences punishable with 7 years or more, that a forensic expert visit the scene and collect and videograph the evidence; where the state lacks facilities it may use another state's, and states were given up to five years from commencement to build the capacity.
- Case diary (s.192, CrPC s.172) — a day-by-day record of the investigation, now to be maintained with paragraph-numbered entries. The court may use it to aid the trial, but it is not evidence; the accused cannot claim it as of right, though they may use it if the police refer to it (s.192(3) read with BSA provisions on refreshing memory).
- Inquest (s.194, CrPC s.174) in unnatural, suicidal, accidental or suspicious deaths — the officer records the apparent cause, injuries and weapons in the inquest report (panchnama) before witnesses, and forwards the body for post-mortem; a magisterial inquiry under s.196 (CrPC s.176) is mandatory for custodial deaths, death in police firing, and deaths of women in custody or within seven years of marriage in specified circumstances.
- Search and seizure — with warrant (ss.96-103) or without, in the situations the BNSS allows (s.185, former s.165, search by the investigating officer after recording grounds). Searches require two independent and respectable local witnesses, a seizure memo / search list signed by them, and a copy to the occupant. BNSS s.105 requires audio-video recording (preferably by mobile phone) of search and seizure, including the list of seized articles, and the recording to be forwarded to the magistrate without delay.
- Chain of custody — sealed packets with the IO's distinctive seal, specimen seal to the court, Form for forwarding exhibits to the FSL, acknowledged receipts at each transfer; a break in the chain is the commonest reason forensic reports are discounted.
- Statements of witnesses (s.180, CrPC s.161) — recorded by the IO; not signed by the maker, and not substantive evidence: under s.181 (CrPC s.162) they may be used only to contradict the witness in cross-examination, after the portion is put to them. Statements may be recorded by audio-video electronic means.
- Statement before a magistrate (s.183, CrPC s.164) — confessions and statements recorded by a Judicial Magistrate after the prescribed warning and voluntariness check; a confession so recorded is admissible, unlike one to the police.
- Identification — Test Identification Parade (TIP) conducted by a magistrate or executive magistrate with similar-looking dummies; it is only corroborative of identification in court. BNSS s.349 (CrPC s.311A) empowers a magistrate to order an accused or any person to give specimen signature, handwriting, finger impressions and voice samples, including from a person not arrested.
- Expert and medical evidence — injury report, post-mortem, FSL report on viscera, DNA, ballistics, fingerprints, cyber forensics; the Government Examiner of Questioned Documents for documents. Under the BSA, an electronic record must be accompanied by the prescribed certificate for admissibility.
- Completion within time: investigation must be completed without unnecessary delay; for specified sexual offences against children and women the BNSS requires completion within two months from the date of recording the information.
Arrest, custody and bail during investigation
- Arrest without warrant (s.35, CrPC s.41) — permitted for cognizable offences, but for an offence punishable with less than 7 years the officer must record reasons for arrest, or for not arresting; notice of appearance under s.35(3) (CrPC s.41A) replaces arrest where arrest is not necessary. *Arnesh Kumar v. State of Bihar (2014)* laid down the checklist, now largely statutory.
- s.35(7) BNSS: no arrest of a person of 60+ years charged with an offence punishable with less than 3 years without the prior written permission of an officer of DSP rank.
- Safeguards: grounds of arrest to be communicated; s.47 (s.50) information of arrest to a nominated person; s.48 duty to give information of arrest and place of detention to relatives/friends; s.37 requires every district and police station to designate a police officer and display, including on a notice board at the station, the names and addresses of arrested persons and the offences; medical examination of the arrested person (ss.51-53); *D.K. Basu v. State of West Bengal (1997)* arrest memo, inspection memo and intimation requirements.
- 24 hours (s.58, CrPC s.57; Article 22(2) Constitution) — no detention beyond 24 hours (excluding journey time) without production before a magistrate; remand under s.187 (CrPC s.167).
- Maximum period of remand before charge-sheet: 90 days where the offence is punishable with death, life imprisonment or imprisonment of 10 years or more; 60 days otherwise. Police custody within that period is limited (first 15 days, which BNSS permits to be taken in parts within the initial 40/60 days — a change from CrPC practice).
- Default bail / statutory bail (s.187(3), proviso to CrPC s.167(2)) — if the charge-sheet is not filed within 60/90 days, the accused is entitled to bail on offering it; the right is indefeasible if claimed before the charge-sheet is filed.
- Handcuffs: s.43(3) permits handcuffing in specified cases (habitual/repeat offender, escape, organised crime, offences against the state, serious offences listed) — a change from the earlier position under *Prem Shankar Shukla v. Delhi Administration (1980)* that handcuffing was impermissible except on recorded justification.
- Proclaimed offender and trial in absentia: s.84-85 attachment of property; s.356 BNSS newly provides for trial and judgment in absentia of a proclaimed absconder.
- Victim/informant's right to information: s.193(3)(ii) BNSS requires the police to inform the informant/victim of the progress of investigation within 90 days, including by electronic means.
Report on completion: charge-sheet and closure
- Charge-sheet (police report / final report) is filed under BNSS s.193 (CrPC s.173) by the officer in charge of the station to the magistrate empowered to take cognizance. "Charge-sheet" is the police term; BNSS s.2(1) defines a "police report". A charge (ss.234-246) is framed later by the court — the two are different documents.
- Contents of the s.193 report: names of the parties; nature of the information; names of the persons who appear acquainted with the circumstances; whether an offence appears to have been committed and by whom; whether the accused has been arrested, released on bond/bail and whether with or without surety; whether they have been forwarded in custody; and the medical report in sexual-offence cases.
- Documents to accompany it (s.193(6)-(7), CrPC s.173(5)): all documents or relevant extracts the prosecution proposes to rely on, the s.180 statements of the witnesses, the list of witnesses, the list of seized property, FSL and medical reports, and (as practice directs) a memo of evidence. s.193(9) requires further investigation reports (supplementary charge-sheets) to be filed in the same form, and BNSS caps further investigation after a charge-sheet at 90 days, extendable with the court's permission.
- Supply of copies: the accused is entitled to copies of the police report and accompanying documents free of cost under s.230 (CrPC s.207), and BNSS requires supply within 14 days of production or appearance, including in electronic form; s.193 also contemplates supply through electronic communication.
- Closure / final report categories (police practice, not statute): (A) true but undetected; (B) false; (C) non-cognizable / mistake of fact or law / civil dispute; and the "untraced" report. The magistrate is not bound by a closure report — on a negative report he may (i) accept it and close the case, (ii) take cognizance anyway on the material, (iii) order further investigation, or (iv) treat the protest petition as a complaint and proceed under Chapter XVI. The informant must be given notice before a closure report is accepted (*Bhagwant Singh v. Commissioner of Police, 1985*).
- Cognizance (s.210, CrPC s.190) — on a police report, on a complaint, or on information/own knowledge. Sanction for prosecution (e.g. s.218 BNSS for judges and public servants; s.17A Prevention of Corruption Act, 1988 for enquiry/investigation into a public servant's official decisions; s.197 CrPC equivalent) must be on record where required.
- Further investigation vs re-investigation vs fresh FIR: the police may conduct further investigation under s.193(9) even after a charge-sheet without the court's leave (as a matter of statutory power; courts expect intimation); re-investigation by another agency requires a court order; a second FIR on the same facts is barred (*T.T. Antony v. State of Kerala, 2001*) unless the facts and offences are genuinely distinct (*Upkar Singh*, *Nirmal Singh Kahlon*).
- Monitoring and limits: a court cannot direct the police to file a charge-sheet or dictate its conclusion; it can direct that an investigation be conducted properly. Writ courts may transfer investigation to the CBI only in exceptional cases (*State of West Bengal v. Committee for Protection of Democratic Rights, 2010*), and the CBI needs the state's general consent under the Delhi Special Police Establishment Act, 1946 (several states have withdrawn it).
Timelines, forms and the electronic layer
- FIR: forthwith; copy to informant free, copy to magistrate forthwith; electronic FIR to be signed in 3 days.
- Preliminary enquiry (3-to-7-year offences): 14 days.
- Production before magistrate: 24 hours. Charge-sheet: 60/90 days of remand for a person in custody; 2 months for specified offences against women and children.
- Victim information: progress within 90 days. Copies to accused: 14 days. Framing of charge: within 60 days of the first hearing on charge (s.251 BNSS). Judgment: within 30 days of conclusion of arguments, extendable to 45 (s.392).
- Medical examination report of a rape victim to be forwarded to the IO within 7 days by the registered medical practitioner.
- Electronic layer: BNSS s.530 permits all trials, inquiries and proceedings — including issue, service and examination of witnesses and recording of evidence — to be held in electronic mode; summons may be served electronically. CCTNS (Crime and Criminal Tracking Network and Systems) and ICJS carry the FIR, case diary and charge-sheet digitally; the National Crime Records Bureau (NCRB) publishes *Crime in India* from this data. State FIR forms are prescribed by Police Manuals/Rules (e.g. Integrated Investigation Forms, IIF-1 for FIR, IIF-5 for the charge-sheet in CCTNS; form numbering varies by state).
- Special statutes override the general procedure: e.g. the NDPS Act, 1985 (ss.42, 50, 52A, 57 compliance), POCSO Act, 2012 (Special Juvenile Police Unit, child-friendly recording, evidence of the child to be recorded within 30 days of cognizance and trial completed within one year), Juvenile Justice Act, 2015 (no FIR for a child in conflict with law in petty offences; Child Welfare Police Officer), SC/ST (Prevention of Atrocities) Act, 1989 (investigation by a DSP-rank officer, charge-sheet within 60 days, special courts), UAPA, 1967 (180-day extended period for charge-sheet), PMLA, 2002 (ED complaint, not a charge-sheet), Prevention of Corruption Act, 1988.
Advantages, limitations and the evidentiary value of each document
- Strengths of the BNSS scheme: fixed timelines across the chain; mandatory forensics for grave offences; audio-video recording of search, seizure and statements; e-FIR and zero FIR in statute; victim's right to be kept informed; electronic trial.
- Limitations: forensic manpower and FSL capacity are far short of what mandatory scene visits for all 7-year-plus offences require; timelines carry no stated consequence for breach (other than default bail); the preliminary-enquiry window can delay registration; investigation remains with the same hierarchy that is also responsible for law and order (the long-pending recommendation — *Prakash Singh v. Union of India, 2006*, and the National Police Commission — is separation of investigation from law and order).
- Evidentiary value, in one view:
| Document | Statute | Signed by maker | Substantive evidence? | Main use |
|---|---|---|---|---|
| FIR | BNSS s.173 | Yes, by informant | No | Corroborate/contradict the informant; fix the time of first report |
| Witness statement to police | BNSS s.180 | No | No | Contradiction in cross-examination only (s.181) |
| Statement/confession before magistrate | BNSS s.183 | Yes | Yes (confession, if voluntary) | Proof against maker; corroboration |
| Case diary | BNSS s.192 | IO | No | Aid to the court; not for the defence as of right |
| Inquest report | BNSS s.194 | IO + witnesses | No | Corroboration on the state of the body |
| Charge-sheet | BNSS s.193 | IO/SHO | No | Basis for cognizance and framing of charge |
| Confession to a police officer | BSA (former Evidence Act s.25) | — | Inadmissible | Only the discovery part (former s.27) is saved |
Key points
- BNSS, 2023 — replaced the CrPC, 1973 from 1 July 2024; investigation provisions are in Chapters XII-XIII.
- Cognizable offence — arrest without warrant and investigation without a magistrate's order; the First Schedule classifies every offence.
- FIR (s.173) — first information of a cognizable offence; oral, written or electronic; free copy to the informant; copy to the magistrate forthwith.
- Zero FIR — registered at any station regardless of jurisdiction and transferred; now statutory, no longer mere practice.
- Lalita Kumari (2014) — FIR registration is mandatory where a cognizable offence is disclosed; truth is for the investigation, not for pre-registration screening.
- Preliminary enquiry (s.173(3)) — only for 3-to-7-year offences, with DSP permission, within 14 days.
- Remedies for refusal — SP under s.173(4), then magistrate under s.175(3) (old s.156(3)).
- s.176(3) — forensic expert must visit the scene and videograph collection for offences punishable with 7 years or more.
- s.105 — audio-video recording of search and seizure, with the seizure list, forwarded to the magistrate.
- s.180 statement — unsigned, not substantive; usable only to contradict under s.181.
- s.183 statement — recorded by a Judicial Magistrate; a confession here is admissible, a confession to the police is not.
- Case diary (s.192) — paragraph-numbered daily record; aids the court, is not evidence.
- Inquest (s.194) and magisterial inquiry (s.196) — unnatural death; custodial death goes to a magistrate, not the police.
- Arrest safeguards — s.35 reasons to arrest or not arrest, s.35(3) notice instead of arrest, 24-hour production (s.58, Art. 22), D.K. Basu memos.
- Remand limits — 90 days (death/life/10 years or more) or 60 days; failure to file the charge-sheet gives default bail under s.187(3).
- Charge-sheet (s.193) — police report with the prescribed contents, statements, documents and lists; a charge is framed later by the court under ss.234-246.
- Closure report — the magistrate may reject it, take cognizance, order further investigation or treat a protest petition as a complaint; the informant gets notice (*Bhagwant Singh*).
- Second FIR on the same facts is barred (*T.T. Antony*); further investigation under s.193(9) is open, capped at 90 days without leave.
Formulas and examples
Detention limit before production = 24 hours from arrest, excluding the time of journey from the place of arrest to the magistrate's court (BNSS s.58; Constitution, Art. 22(2)).
Preliminary enquiry window = 14 days from receipt of information, available only where the punishment is 3 years or more but less than 7 years, with prior permission of an officer not below DSP rank.
Further investigation after charge-sheet = 90 days without the court's permission; beyond that, only with leave (BNSS s.193(9) scheme).
- Worked example 1 — counting the charge-sheet deadline. A is arrested on 1 March 2026 at 22:00 for an offence under BNS punishable with imprisonment for a term of not less than 10 years, and first produced before the magistrate on 2 March 2026, who remands him to custody that day.
- Punishment is "10 years or more" → the longer period applies: 90 days.
- Count from the date of first remand, 2 March: March contributes 29 days (3-31 March), April 30 → 59 days to 30 April, May 31 → 90 days on 31 May 2026.
- So the charge-sheet must be filed on or before 31 May 2026. If it is not, and A applies and offers bail on 1 June, he is entitled to default bail; if the charge-sheet is filed first, the right is lost.
- Had the maximum punishment been 7 years, the period would be 60 days from 2 March → 29 + 30 = 59 days to 30 April, so the 60th day is 1 May 2026.
- Worked example 2 — refusal to register. B goes to a station on 5 April with information that his shop was burgled (BNS theft/house-breaking, a cognizable offence). The SHO refuses to write anything.
- Step 1: B sends the substance of the information in writing by post to the Superintendent of Police under BNSS s.173(4); if the SP is satisfied a cognizable offence is disclosed, he investigates himself or directs a subordinate.
- Step 2: if nothing follows, B files a complaint before the Magistrate under s.175(3), supported by an affidavit; the magistrate must consider the police officer's submission on the refusal and may then order investigation.
- Step 3: B may also file a private complaint under s.223 and have the magistrate proceed to inquiry, or move the High Court under Article 226 in an extreme case.
- Under *Lalita Kumari*, the refusal itself is illegal and invites departmental action; the BNS punishes a public servant who disobeys the law with intent to cause injury, and non-recording of information in specified sexual offences is itself an offence (former IPC s.166A, now in the BNS).
- Worked example 3 — grave offence, full chain. A body with gunshot injuries is found in a field at 06:00; the offence is murder (BNS s.103), punishable with death or life.
- 06:40 information received by phone → FIR under s.173 registered, written up, number allotted, copy sent to the magistrate; informant given a free copy.
- 07:30 IO reaches the scene, cordons it; s.176(3) applies (punishment ≥ 7 years) → forensic team called; collection videographed.
- 08:30 inquest under s.194 in the presence of panch witnesses; body forwarded for post-mortem; blood samples, the empty cartridge and the weapon seized under a seizure memo with two independent witnesses and audio-video recording (s.105).
- Day 1-3 statements under s.180 (unsigned); the eyewitness's statement also recorded by the magistrate under s.183; exhibits sealed and sent to the FSL with a forwarding letter and specimen seal.
- Day 5 accused arrested; grounds communicated; relative informed (s.47-48); medical examination; produced within 24 hours; TIP by the magistrate; voice and handwriting samples ordered under s.349.
- Day 12 ballistics links the cartridge to the seized pistol; the victim's family is updated; progress to be communicated to the informant within 90 days (s.193(3)(ii)).
- By day 90 from the first remand the charge-sheet under s.193 is filed with statements, FSL and post-mortem reports, witness list and seizure list; copies supplied to the accused within 14 days (s.230); the court takes cognizance (s.210) and later frames the charge (s.251, within 60 days of the first hearing on charge).
- Worked example 4 — which document proves what. At trial, the eyewitness W says in court that he saw the accused fire; in his s.180 statement he had said he only heard a shot.
- The defence may confront W with the earlier statement under s.181 (old s.162) in cross-examination, after drawing his attention to the specific portion — this goes to his credibility.
- The prosecution cannot use the s.180 statement as proof of the contents; neither side can use it as substantive evidence.
- The FIR can be used to corroborate or contradict its own maker only — not W, unless W was the informant.
- If W had been examined by a magistrate under s.183, that statement still is not substantive evidence against the accused (except a confession against its maker), but it is a far stronger contradiction because it was judicially recorded.
- Comparison table — FIR, complaint, charge-sheet and charge
| FIR | Complaint | Charge-sheet (police report) | Charge | |
|---|---|---|---|---|
| Provision | BNSS s.173 | BNSS s.2(1) definition of complaint; s.223 | BNSS s.193; "police report" defined in s.2 | BNSS ss.234-246 |
| Made by | Informant, to the police | Complainant, to a magistrate | Officer in charge of the station | Framed by the court |
| Offence | Cognizable only (s.173); non-cognizable goes to s.174 | Any offence | Any offence investigated | Any offence tried |
| Stage | Start of investigation | Start of a complaint case | End of investigation | Start of trial |
| Effect | Investigation begins | Magistrate inquires under s.225 and may issue process | Magistrate may take cognizance under s.210 | Accused is told exactly what he must answer |
- Comparison — police custody vs judicial custody
| Police custody | Judicial custody | |
|---|---|---|
| Who holds the accused | Police lock-up | Jail, under the court |
| Purpose | Interrogation and recovery | Safe custody pending investigation/trial |
| Outer limit | First 15 days of the total period (BNSS allows it in parts within the initial 40/60 days) | Up to 60/90 days before charge-sheet, then as the trial requires |
| Confession value | Confession to police inadmissible (BSA, former Evidence Act s.25) | Statement before magistrate under s.183 admissible |
Where it is used
- State police and central forces: every SHO, investigating officer and DSP works this sequence daily; questions on s.173, s.180, s.187 and s.193 dominate SI/ASI departmental and promotion examinations and the interview boards of state PSCs, SSC CPO and CAPF.
- Prosecution and courts: Assistant Public Prosecutors scrutinise charge-sheets for completeness before cognizance; court staff and law clerks index the s.193 documents; defence counsel build cases on FIR delay, chain-of-custody gaps and s.181 contradictions.
- CBI, ED, NIA, state ACBs and the Prevention of Corruption Act stream: the same chain with statute-specific variations — ED files a *complaint* under the PMLA rather than a charge-sheet, UAPA allows 180 days.
- Corporate and private investigation: internal fraud investigators, insurance surveyors (motor and fire claim repudiation turns on the FIR and the final report), banks' forensic-audit teams and background-verification firms read FIRs and charge-sheets as primary documents; many LPO and legal-research roles in Bengaluru, Pune and Gurugram summarise them at volume.
- Forensic science laboratories and CCTNS/ICJS teams: FSL staff receive sealed exhibits against forwarding memos; CCTNS data-entry and analysis roles maintain the FIR-to-charge-sheet digital record that feeds NCRB's *Crime in India*.
- Victim support, NGOs and legal aid: paralegals in District Legal Services Authorities help with zero FIRs, s.175(3) applications, protest petitions and compensation claims under the victim compensation schemes (s.396 BNSS).
Interview questions
- Q: What is an FIR, and under which provision is it recorded? A: It is the first information relating to a cognizable offence recorded by the officer in charge of a police station under BNSS s.173 (formerly CrPC s.154), read over to and signed by the informant, who gets a free copy.
- Q: Is an FIR substantive evidence? A: No. It is used to corroborate or contradict its maker; it becomes substantive only if it amounts to a dying declaration, and a confession in it by the informant-accused is barred.
- Q: What is a zero FIR and why does it exist? A: An FIR registered by a station that lacks territorial jurisdiction, numbered "zero" and transferred to the proper station, so that the victim is never turned away and no time is lost — now backed by BNSS s.173.
- Q: Can the police refuse to register an FIR because the information looks false? A: No — *Lalita Kumari* (2014) makes registration mandatory once a cognizable offence is disclosed; falsity is tested during investigation. The only enquiry allowed is the narrow 14-day preliminary enquiry for 3-to-7-year offences under s.173(3).
- Q: What is the difference between a charge-sheet and a charge? A: The charge-sheet is the police's final report under s.193 on which a magistrate may take cognizance; the charge is the formal accusation framed by the court under ss.234-246 at the start of trial.
- Q: What happens if the charge-sheet is not filed in 60 or 90 days? A: The accused in custody becomes entitled to default bail under s.187(3) on offering bail — an indefeasible right if claimed before the charge-sheet reaches the court.
- Q: Why are s.180 statements not signed? A: To keep the witness free in court and prevent the police from fixing a version on paper; the statute makes them unsigned and usable only to contradict the witness under s.181.
- Q: What does BNSS s.176(3) change about crime-scene work? A: For offences punishable with seven years or more a forensic expert must visit the scene and collect and videograph the evidence, making forensic involvement mandatory rather than discretionary.
- Q: Can the police investigate further after filing a charge-sheet? A: Yes — further investigation and a supplementary report are permitted under s.193, within 90 days; beyond that the court's permission is needed. Re-investigation by a different agency requires a court order.
- Q: Can a magistrate reject a closure report? A: Yes. He may take cognizance on the material, order further investigation, or treat a protest petition as a complaint; the informant must be heard before a closure report is accepted (*Bhagwant Singh*, 1985).
- Q: Can a second FIR be registered on the same incident? A: Generally no (*T.T. Antony*, 2001) — the proper course is further investigation; a second FIR is valid only where the facts and offences are genuinely distinct, such as a counter-case.
- Q: What are the limits on arresting a person for a minor offence? A: For offences punishable with less than seven years the officer must record reasons for arresting or not arresting (s.35) and should normally issue a notice of appearance; a person aged 60 or more cannot be arrested for an offence punishable with less than three years without a DSP's written permission.
Common mistakes
- Quoting the CrPC sections (154, 161, 167, 173) as current law — the BNSS has been in force since 1 July 2024 and the numbers changed; give the BNSS number and add the old one only as the former provision.
- Calling the charge-sheet a "charge", or saying the police "frame the charge" — the court frames the charge.
- Counting the 60/90 days from the date of arrest or of the FIR instead of the date of first remand.
- Treating a s.180 (old s.161) statement, a case diary entry or an inquest report as proof of the facts stated in it.
- Saying a confession to the police is admissible — it is not; only the fact discovered in consequence (former Evidence Act s.27) is saved, and a judicial confession under s.183 is a different thing.
- Assuming a preliminary enquiry is always permitted before registration — it is confined to the 3-to-7-year band, needs DSP permission and must finish in 14 days.
- Quoting BSA section numbers as the old Evidence Act numbers plus a fixed shift — the renumbering is not uniform, so name the rule (confession to police, corroboration of a former statement) unless the exact BSA section is known.
Related topics
Police organisation and administration in India · Forensic science and the crime scene · Cyber crime · Criminal trial procedure and the law of evidence (BSA, 2023) · Victim rights, compensation and legal aid · Custodial violence, human rights and police accountability