Section 176 BNSS: Procedure for investigation
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 176 BNSS at a Glance
Section 176 BNSS deals with procedure for investigation. It replaced Section 157 CrPC on 1 July 2024.
Section 176 BNSS Bare Act Text
(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.
Source: Section 176, Bharatiya Nagarik Suraksha Sanhita, 2023
Section 176 BNSS in Simple Words
Section 176 of the Bharatiya Nagarik Suraksha Sanhita, 2023 applies when an officer in charge of a police station, from information received or otherwise, has reason to suspect the commission of an offence. The offence is one that the officer is empowered under section 175 to investigate. The officer shall forthwith send a report of the matter to a Magistrate empowered to take cognizance of the offence upon a police report. The officer shall proceed in person to the spot, or shall depute one subordinate officer to proceed there, to investigate the facts and circumstances of the case. The subordinate officer shall not be below the rank that the State Government prescribes by general or special order. If necessary, the officer shall also take measures for the discovery and arrest of the offender. Under the first clause of the first proviso, the officer need not proceed in person or depute a subordinate officer to investigate on the spot. This applies when information is given against a person by name and the case is not of a serious nature.
Under the second clause, the officer shall not investigate the case if it appears that there is no sufficient ground for entering on an investigation. The further proviso applies to an offence of rape. The recording of the statement of the victim shall be conducted at the residence of the victim or in the place of the victim's choice. It shall be conducted, as far as practicable, by a woman police officer. It shall be conducted in the presence of the victim's parents or guardian or near relatives or a social worker of the locality. The statement may also be recorded through any audio-video electronic means, including a mobile phone. Under section 176(2), in each case mentioned in the first and second clauses of the first proviso, the officer shall state in the report the reasons for not fully complying with section 176(1). The officer shall also forward the daily diary report fortnightly to the Magistrate.
In the case mentioned in the second clause, the officer shall also forthwith notify the informant, if any, in the manner prescribed by rules made by the State Government. Under section 176(3), the officer in charge of a police station shall cause the forensic expert to visit the crime scene to collect forensic evidence in the offence. This applies on receipt of every information relating to the commission of an offence made punishable for seven years or more. The officer shall also cause videography of the process on a mobile phone or any other electronic device. This duty applies from the date that the State Government notifies within a period of five years. Under the proviso to section 176(3), where a forensic facility is not available for such an offence, the State Government shall notify the use of the facility of any other State. That notification applies until the facility for that matter is developed or made in the State.
When Section 176 BNSS Applies
- Under the Bharatiya Nagarik Suraksha Sanhita, 2023, when an officer in charge of a police station has reason to suspect from information received or otherwise the commission of an offence which the officer is empowered under Section 175 BNSS to investigate, the officer shall proceed in person or depute one of the subordinate officers not below the rank prescribed by the State Government by general or special order to proceed to the spot to investigate the facts and circumstances and, if necessary, take measures for the discovery and arrest of the offender.
- Clause a of the first proviso to Section 176(1) BNSS relaxes the spot investigation duty by providing that 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.
- Clause b of the first proviso to Section 176(1) BNSS restricts the obligation to investigate by directing that if it appears to the officer in charge of a police station that there is no sufficient ground for entering on an investigation, the officer shall not investigate the case.
- The further proviso to Section 176(1) BNSS requires that in relation to an offence of rape, the recording of the victim's statement shall be conducted at her residence or in the place of her choice and, as far as practicable, by a woman police officer in the presence of her parents, guardian, near relatives, or a social worker of the locality, and such statement may also be recorded through any audio-video electronic means including a mobile phone.
- In each of the cases mentioned in clause a and clause b of the first proviso to Section 176(1) BNSS, Section 176(2) BNSS requires the officer in charge of the police station to state in the report the reasons for not fully complying with the requirements of Section 176(1) BNSS.
- On receipt of every information relating to the commission of an offence made punishable for seven years or more, and from the date notified by the State Government, Section 176(3) BNSS requires the officer in charge of a police station to cause the forensic expert to visit the crime scene to collect forensic evidence and also cause videography of the process on a mobile phone or any other electronic device, while its proviso requires the State Government to notify the utilisation of the forensic facility of any other State where such facility is not available in respect of any such offence.
Time Limits Under Section 176 BNSS
- Under Section 176(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, an officer in charge of a police station who has reason to suspect the commission of an offence that the officer is empowered under Section 175 BNSS to investigate shall forthwith send a report of the same to a Magistrate empowered to take cognizance of such offence upon a police report.Act text: “he shall forthwith send a report of the same to a Magistrate empowered to take cognizance of such offence upon a police report”
- In each of the cases mentioned in clause a and clause b of the first proviso to Section 176(1) BNSS, Section 176(2) BNSS requires the officer in charge of the police station to forward the daily diary report fortnightly to the Magistrate.Act text: “forward the daily diary report fortnightly to the Magistrate”
- Where it appears under clause b of the first proviso to Section 176(1) BNSS that there is no sufficient ground for entering on an investigation, Section 176(2) BNSS requires that 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.Act text: “the officer shall also forthwith notify to the informant, if any, in such manner as may be prescribed by rules”
- Under Section 176(3) BNSS, the duty of the officer in charge of a police station to cause the forensic expert to visit the crime scene and cause videography of the process for an offence made punishable for seven years or more applies from such date as may be notified within a period of five years by the State Government in this regard.Act text: “from such date, as may be notified within a period of five years by the State Government in this regard”
- Where a forensic facility is not available in respect of an offence covered by Section 176(3) BNSS, the proviso to Section 176(3) BNSS requires the State Government to notify the utilisation of such facility of any other State until the facility in respect of that matter is developed or made in the State.Act text: “until the facility in respect of that matter is developed or made in the State, notify the utilisation of such facility”
Example of Section 176 BNSS
When Section 176 BNSS Does Not Apply
- Under Section 176(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the investigation procedure does not apply if the officer in charge of a police station does not have reason to suspect the commission of an offence which the officer is empowered under Section 175 BNSS to investigate.
- Under clause b of the first proviso to Section 176(1) BNSS, an investigation does not proceed if it appears to the officer in charge of a police station that there is no sufficient ground for entering on an investigation, in which case the officer shall not investigate the case.
- Under clause a of the first proviso to Section 176(1) BNSS, the duty to proceed in person or depute a subordinate officer to make an investigation on the spot does not apply 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.
- Under Section 176(3) BNSS, the requirement to cause the forensic expert to visit the crime scene and cause videography of the process does not apply where the information does not relate to the commission of an offence which is made punishable for seven years or more.
Section 176 BNSS in the CrPC (Previous Law)
Section 176 BNSS replaced Section 157 CrPC from 1 July 2024.
Section 157 of the Code of Criminal Procedure, 1973 became Section 176 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Renumbering, updating the reference from Section 156 CrPC to Section 175 BNSS, and phrasing adjustments in Section 176(2) BNSS are changes of form, while the main rule and first proviso in Section 176(1) BNSS remain unchanged. Substantively, Section 176(1) BNSS permits recording a rape victim's statement by audio-video electronic means including a mobile phone, Section 176(2) BNSS requires forwarding the daily diary report fortnightly to the Magistrate, and new Section 176(3) BNSS requires forensic visits and videography for offences punishable for seven years or more, from a date the State Government notifies.
Each sub-section below names its own source.
FAQs on Section 176 BNSS
What must a police station officer do when suspecting an offence under Section 176(1) BNSS?▼
When an officer in charge of a police station has reason to suspect the commission of an offence which the officer is empowered under Section 175 of the Bharatiya Nagarik Suraksha Sanhita, 2023 to investigate, Section 176(1) BNSS requires the officer to forthwith send a report to a Magistrate empowered to take cognizance upon a police report. The officer shall also proceed in person or depute a subordinate officer of prescribed rank to the spot to investigate and, if necessary, discover and arrest the offender.
How is the statement of a rape victim recorded under Section 176(1) BNSS?▼
In relation to an offence of rape, the further proviso to Section 176(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 requires that the recording of the statement of the victim shall be conducted at her residence or in the place of her choice. It shall be conducted, as far as practicable, by a woman police officer in the presence of her parents, guardian, near relatives, or a local social worker, and the statement may also be recorded through any audio-video electronic means including a mobile phone.
What reporting duties apply under Section 176(2) BNSS when the police do not make a spot visit or do not investigate?▼
In each case under clause a or clause b of the first proviso to Section 176(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, Section 176(2) BNSS requires the officer in charge of the police station to state in the report the reasons for not fully complying with Section 176(1) BNSS and forward the daily diary report fortnightly to the Magistrate. Under clause b, the officer shall also forthwith notify the informant, if any, in the manner prescribed by State Government rules.
When must the police cause a forensic expert to visit the crime scene under Section 176(3) BNSS?▼
On receipt of every information of an offence made punishable for seven years or more, Section 176(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 requires the police station officer, from a date notified within a period of five years by the State Government, to cause the forensic expert to visit the crime scene to collect forensic evidence and cause videography on a mobile phone or other electronic device. Where forensic facility is not available, the State Government shall notify utilisation of another State's facility.
What changed in Section 176 BNSS compared to Section 157 of the Code of Criminal Procedure, 1973?▼
Compared to Section 157 of the Code of Criminal Procedure, 1973, Section 176 of the Bharatiya Nagarik Suraksha Sanhita, 2023 permits recording a rape victim's statement through audio-video electronic means including a mobile phone under Section 176(1) BNSS. Section 176(2) BNSS adds a duty to forward the daily diary report fortnightly to the Magistrate and refers to State Government rules. Section 176(3) BNSS is a new provision requiring crime scene visits by a forensic expert and videography for offences punishable for seven years or more.
Section 176 BNSS: Sub-sections Explained
Section 176(1) BNSS: Procedure for investigation
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Bare Act Text
(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.
Section 176(2) BNSS: Procedure for investigation
▶
Bare Act Text
(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.
Section 176(3) BNSS: Procedure for investigation
▶
Bare Act Text
(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.
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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 27 Oct 2026 ·