Bharatiya Nagarik Suraksha Sanhita, 2023
Section 193 BNSS: Report of Police Officer on Completion of Investigation
Section 193 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) governs completion of a police investigation and forwarding of the police report to the Magistrate. It also prescribes special investigation timelines, victim and informant updates, supporting documents, electronic service and the procedure for further investigation.
What Section 193 BNSS provides
Every investigation under the relevant Chapter must be completed without unnecessary delay. For specified sexual offences under the Bharatiya Nyaya Sanhita, 2023 and specified offences under the Protection of Children from Sexual Offences Act, 2012, the investigation must be completed within two months from the date on which the information was recorded by the officer in charge of the police station.
After completion of investigation, the officer in charge forwards the prescribed police report, including through electronic communication, to the Magistrate empowered to take cognizance on a police report. Section 193 also specifies the information, documents and witness statements that accompany the report.
Important timelines under Section 193
| Requirement | Statutory period |
|---|---|
| Investigation of specified BNS sexual offences and specified POCSO offences | Within two months from recording of information by the officer in charge |
| Progress update to informant or victim | Within ninety days |
| Further investigation during trial | Within ninety days, extendable with permission of the Court |
Text of Section 193 BNSS
193. (1) Every investigation under this Chapter shall be completed without unnecessary delay.
(2) The investigation in relation to an offence under sections 64, 65, 66, 67, 68, 70, 71 of the Bharatiya Nyaya Sanhita, 2023 or under sections 4, 6, 8 or section 10 of the Protection of Children from Sexual Offences Act, 2012 shall be completed within two months from the date on which the information was recorded by the officer in charge of the police station.
(3)(i) As soon as the investigation is completed, the officer in charge of the police station shall forward, including through electronic communication to a Magistrate empowered to take cognizance of the offence on a police report, a report in the form as the State Government may, by rules provide, stating-
(a) the names of the parties;
(b) the nature of the information;
(c) the names of the persons who appear to be acquainted with the circumstances of the case;
(d) whether any offence appears to have been committed and, if so, by whom;
(e) whether the accused has been arrested;
(f) whether the accused has been released on his bond or bail bond;
(g) whether the accused has been forwarded in custody under section 190;
(h) whether the report of medical examination of the woman has been attached where investigation relates to an offence under sections 64, 65, 66, 67, 68, 70 or section 71 of the Bharatiya Nyaya Sanhita, 2023;
(i) the sequence of custody in case of electronic device;
(ii) the police officer shall, within a period of ninety days, inform the progress of the investigation by any means including through electronic communication to the informant or the victim;
(iii) the officer shall also communicate, in such manner as the State Government may, by rules, provide, the action taken by him, to the person, if any, by whom the information relating to the commission of the offence was first given.
(4) Where a superior officer of police has been appointed under section 177, the report shall, in any case in which the State Government by general or special order so directs, be submitted through that officer, and he may, pending the orders of the Magistrate, direct the officer in charge of the police station to make further investigation.
(5) Whenever it appears from a report forwarded under this section that the accused has been released on his bond or bail bond, the Magistrate shall make such order for the discharge of such bond or bail bond or otherwise as he thinks fit.
(6) When such report is in respect of a case to which section 190 applies, the police officer shall forward to the Magistrate along with the report-
(a) all documents or relevant extracts thereof on which the prosecution proposes to rely other than those already sent to the Magistrate during investigation;
(b) the statements recorded under section 180 of all the persons whom the prosecution proposes to examine as its witnesses.
(7) If the police officer is of opinion that any part of any such statement is not relevant to the subject matter of the proceedings or that its disclosure to the accused is not essential in the interests of justice and is inexpedient in the public interest, he shall indicate that part of the statement and append a note requesting the Magistrate to exclude that part from the copies to be granted to the accused and stating his reasons for making such request.
(8) Subject to the provisions contained in sub-section (7), the police officer investigating the case shall also submit such number of copies of the police report along with other documents duly indexed to the Magistrate for supply to the accused as required under section 230:
Provided that supply of report and other documents by electronic communication shall be considered as duly served.
(9) Nothing in this section shall be deemed to preclude further investigation in respect of an offence after a report under sub-section (3) has been forwarded to the Magistrate and, where upon such investigation, the officer in charge of the police station obtains further evidence, oral or documentary, he shall forward to the Magistrate a further report or reports regarding such evidence in the form as the State Government may, by rules, provide; and the provisions of sub-sections (3) to (8) shall, as far as may be, apply in relation to such report or reports as they apply in relation to a report forwarded under sub-section (3):
Provided that further investigation during the trial may be conducted with the permission of the Court trying the case and the same shall be completed within a period of ninety days which may be extended with the permission of the Court.
What must the police report contain?
- Names of the parties and the nature of the information received.
- Names of persons acquainted with the circumstances of the case.
- Whether an offence appears to have been committed and, if so, by whom.
- Whether the accused has been arrested, released on bond or bail bond, or forwarded in custody under Section 190.
- Whether the required medical examination report of the woman is attached in the specified BNS offences.
- The sequence of custody where an electronic device is involved.
Two-month investigation deadline for specified offences
Section 193(2) imposes a specific two-month completion period for investigations concerning offences under Sections 64, 65, 66, 67, 68, 70 and 71 of the Bharatiya Nyaya Sanhita, 2023, and Sections 4, 6, 8 and 10 of the Protection of Children from Sexual Offences Act, 2012. The period runs from the date on which the information was recorded by the officer in charge of the police station.
Informant and victim must receive investigation updates
Section 193(3)(ii) requires the police officer to inform the informant or victim about the progress of the investigation within ninety days. The communication may be made by any means, including electronic communication.
Section 193(3)(iii) separately requires communication of the action taken to the person who first gave the information relating to commission of the offence, in the manner prescribed by State Government rules.
Documents and witness statements to accompany the report
Where Section 190 applies, the investigating officer must send the prosecution documents or relevant extracts on which reliance is proposed, except those already sent during investigation, together with the statements recorded under Section 180 of the witnesses whom the prosecution proposes to examine.
When part of a witness statement may be withheld
Under Section 193(7), the investigating officer may identify a part of a statement considered irrelevant or whose disclosure is considered unnecessary in the interests of justice and inexpedient in the public interest. The officer must request the Magistrate to exclude that part from the copies supplied to the accused and must state reasons for the request. The decision on exclusion therefore lies with the Magistrate.
Electronic supply of the report and documents
Section 193(8) requires copies of the police report and other duly indexed documents to be submitted for supply to the accused as required under Section 230. The proviso expressly states that supply of the report and other documents through electronic communication is treated as duly served.
Further investigation after filing the police report
Filing the report under Section 193(3) does not prevent further investigation. If additional oral or documentary evidence is obtained, a further report or further reports may be submitted to the Magistrate. Where further investigation is conducted during the trial, permission of the trial Court is required, and the investigation is to be completed within ninety days unless the Court permits an extension.
Official legal resources
For authoritative reference, consult the current text of the Bharatiya Nagarik Suraksha Sanhita, 2023 through India Code and the Ministry of Home Affairs materials on the new criminal laws. State rules and notifications issued under Section 193 should also be checked where the form or manner of reporting is relevant.
Note: This article provides general legal information and is not a substitute for case-specific legal advice.