Introduction
The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, enacted to replace the Code of Criminal Procedure, 1973 (CrPC), significantly reshapes the role of the police in investigation and preventive action in India. BNSS is part of a broader criminal law reform that also includes the Bharatiya Nyaya Sanhita (BNS), 2023, and Bharatiya Sakshya Adhiniyam (BSA), 2023.
Under the BNSS, the police are entrusted with enhanced responsibilities to not only investigate offences efficiently but also to prevent crimes before they occur. The law emphasizes technology-driven policing, citizen-centric safeguards, and speedy justice.
This essay explores in detail how the police function under BNSS in relation to investigation and preventive action, including relevant sections, procedural mandates, technological integration, and constitutional safeguards.
Overview of the BNSS and Police Functions
BNSS, 2023, codifies the investigative and preventive powers of police, including:
- Registration of FIR
- Collection of evidence
- Use of forensic and digital tools
- Arrest and interrogation
- Preventive action to avert crimes
- Maintenance of law and order
Police Role in Investigation under BNSS
1. Registration of FIR (Section 173 of BNSS)
- Police must register an FIR upon receiving information about a cognizable offence.
- FIR may be filed electronically or in writing.
- A copy of the FIR is to be given to the complainant free of cost.
2. Investigation of Cognizable Offences (Section 176)
- Police are empowered to investigate without prior approval in cognizable cases.
- They must:
- Visit the crime scene
- Examine witnesses
- Record statements
- Seize evidence
- Arrest accused (if required)
3. Investigation of Non-Cognizable Offences (Section 175)
- Police must obtain Magistrate’s permission before investigating.
- Encourages judicial oversight in minor cases.
4. Use of Forensic and Digital Tools (Section 176(3))
- In offences punishable with 7 years or more, forensic investigation is mandatory.
- Police must:
- Videograph the crime scene
- Collect and preserve digital and physical evidence
- Send it to forensic laboratories
5. Time-Bound Investigation (Section 193)
- Investigation must be completed within 90 days (extendable to 180 days with permission).
- Prevents delay and misuse of judicial process.
6. Police Diary and Case Diary (Section 189)
- Police officers must maintain daily diaries of steps taken in investigation.
- Courts may refer to these diaries but not rely solely on them for conviction.
7. Witness Protection and Victim Rights
- Police must ensure the safety and dignity of victims and witnesses during investigation.
- Statements of women and vulnerable persons must be recorded at their residence or in the presence of female officers.
8. Charge Sheet (Section 193)
- Upon completion of investigation, police must submit a charge sheet (police report) to the Magistrate.
Police Role in Preventive Action under BNSS
1. Preventing Cognizable Offences (Section 149 BNSS)
- Police officers are duty-bound to intervene to prevent any cognizable offence.
- They may:
- Issue warnings
- Disperse gatherings
- Monitor potential offenders
2. Intelligence Gathering (Section 150)
- Police must collect credible information about:
- Likely offences
- Suspicious persons
- Risk-prone areas
- This helps them act preemptively to prevent crimes.
3. Preventive Arrest (Section 151)
- Police may arrest a person without warrant if:
- He is about to commit a cognizable offence
- Immediate action is necessary
- The person must be produced before a Magistrate within 24 hours.
4. Security for Good Behaviour (Sections 107–110 BNSS)
- Magistrate may direct police to demand bonds or surety from:
- Habitual offenders
- Rowdy elements
- Persons threatening peace
5. Dispersal of Unlawful Assemblies (Sections 148–152)
- Police officers (of rank sub-inspector or above) may:
- Order dispersal of assemblies of 5 or more persons
- Use reasonable force if required
- Armed forces may be called in extreme situations with Magistrate’s approval.
6. Emergency Orders (Section 144 of BNSS)
- Magistrates, assisted by police, may issue prohibitory orders to prevent:
- Riots
- Obstructions
- Danger to life or property
- Police enforce these orders, including curfews, protest restrictions, etc.
Technological Enhancements to Police Function Under BNSS
BNSS mandates several tech-driven reforms, such as:
- Digital FIRs and e-summons
- Use of body cameras during arrest and investigation
- CCTV recording in police stations
- Real-time uploading of investigation updates to central servers
- Online tracking of FIR and charge sheets
These measures promote transparency, accountability, and efficiency.
Legal and Constitutional Safeguards
While BNSS empowers police, it also ensures citizen protections:
| Right | Safeguard in BNSS |
|---|---|
| Protection from arbitrary arrest | Notice under Section 35, conditions for arrest |
| Right to legal aid | Sections on informing rights and free counsel |
| Right to be informed of grounds of arrest | Section 36 |
| Right to medical examination | Section 49 |
| Right to bail in bailable cases | Section 480 |
Summary Table of Key Provisions
| Function | Relevant Sections of BNSS | Description |
|---|---|---|
| FIR Registration | Section 173 | FIR to be filed digitally or in writing |
| Investigation | Sections 175–193 | Forensic use, statements, timelines |
| Preventive Arrest | Section 151 | Arrest to prevent imminent cognizable offence |
| Forensic Mandate | Section 176(3) | Crime scene videography for serious crimes |
| Unlawful Assemblies | Sections 148–152 | Dispersal and use of armed forces if needed |
| Emergency Orders | Section 144 | Preventive orders to maintain public order |
| Security for Good Conduct | Sections 107–110 | Bonds for habitual and repeat offenders |