Introduction
The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 replaces the Code of Criminal Procedure (CrPC), 1973, and modernizes India’s criminal procedural laws. One of the most significant areas of reform under BNSS relates to the role of the police in cognizance of offences—a critical step in the administration of criminal justice.
“Cognizance” refers to the act of a Magistrate or court taking notice of an offence. However, before a Magistrate can take cognizance, the police play a crucial role in receiving information, registering FIRs, conducting preliminary inquiries, and submitting reports. This process forms the basis upon which courts act to try offences.
This essay explores the legal framework, responsibilities, and procedures that define the police role in the cognizance process under the BNSS, 2023.
Understanding “Cognizance” in Criminal Law
- Cognizance means the application of judicial mind to facts presented before a court regarding an offence.
- A Magistrate takes cognizance when they decide to proceed with a trial or inquiry based on information provided, mostly by the police.
Legal Framework Under BNSS for Police Role in Cognizance
1. Section 173 – Information to the Police (FIR)
- When information about a cognizable offence is received, the police must register a First Information Report (FIR) without delay.
- The FIR can be lodged digitally or in writing and a copy must be provided to the informant.
2. Section 175 – Investigation in Non-Cognizable Cases
- For non-cognizable offences, police must first obtain Magistrate’s permission before beginning investigation.
- After permission is granted, the police initiate investigation and submit a police report.
3. Section 176 – Police Investigation Procedure
- After an FIR is filed, the police conduct an in-depth investigation, which may include:
- Visiting the crime scene
- Interrogating witnesses
- Collecting evidence
- Arresting suspects (if needed)
- Sub-section 3 mandates forensic investigation in serious offences punishable with 7 years or more.
- Crime scene videography and digital record-keeping are compulsory.
4. Section 193 – Completion of Investigation and Police Report (Charge Sheet)
- Once the investigation is complete, the police must submit a report to the Magistrate, commonly called a charge sheet.
- The charge sheet includes:
- Details of the offence
- Names of accused persons
- Witness statements
- List of evidence
- This report is the basis for cognizance by the Magistrate.
When Does the Magistrate Take Cognizance?
Cognizance by Magistrate is covered under Section 210 of BNSS:
- Magistrates take cognizance of an offence:
- Upon a police report under Section 193
- Upon a complaint
- Upon their own knowledge or information
Once the police submit the final report, the Magistrate:
- Applies judicial mind to the facts
- May:
- Issue process (summons/warrants)
- Order further investigation
- Dismiss the case (if no offence is made out)
Role of Police in Assisting Cognizance Process
| Stage | Police Role |
|---|---|
| FIR Registration (Sec 173) | Lodge FIR upon receipt of information |
| Preliminary Inquiry (if needed) | Decide if case requires full investigation |
| Investigation (Sec 176) | Collect evidence, question witnesses, conduct forensic analysis |
| Arrest and Statements | Arrest suspects, record statements under Section 180 |
| Filing Final Report (Sec 193) | Submit charge sheet to Magistrate |
| Supplementary Reports | Submit additional reports if new evidence emerges |
Technological Enhancements in BNSS Supporting Cognizance
BNSS mandates that police must now:
- Use digital portals for FIR registration
- Maintain electronic case diaries
- Record video evidence and witness statements
- Track and submit investigation progress online
- Use AI-based forensic analysis (where possible)
These measures reduce delays and strengthen the credibility of police investigation before a court takes cognizance.
Safeguards and Accountability Measures
BNSS ensures that police actions are balanced with citizen protections:
| Safeguard | Relevant Provision |
|---|---|
| Right to know grounds of arrest | Section 36 |
| Right to legal aid and information | Section 41D (also derived from CrPC practice) |
| Production before Magistrate within 24h | Section 57 |
| Time-bound investigation completion | Section 193 |
These provisions ensure that cognizance is based on timely and lawful police action, without misuse of power.
Case Law Context (Still Applicable Post-BNSS)
Although BNSS is new, established case laws under CrPC still provide guiding principles.
Tula Ram v. Kishore Singh (1977)
- Police report is not mandatory for Magistrate to take cognizance; can act on complaint too.
Abhinandan Jha v. Dinesh Mishra (1967)
- Magistrate is not bound by police conclusion; may reject the report and take cognizance directly.
These principles continue to apply unless expressly changed by BNSS.
Summary Table: Police Role in Cognizance Under BNSS
| Step | BNSS Provision | Police Responsibility |
|---|---|---|
| FIR Registration | Section 173 | Register FIR, digitally or in writing |
| Preliminary Inquiry | Section 175 | Obtain Magistrate’s approval in non-cognizable cases |
| Investigation Process | Section 176 | Collect evidence, forensic work, statements |
| Submission of Report | Section 193 | File charge sheet before Magistrate |
| Technology Use | Section 176(3) | Mandatory videography and forensic use |
| Assistance to Magistrate | Sections 189–193 | Respond to court queries, further reports if needed |