1. MEANING AND PURPOSE
Under the Bharatiya Nagarik Suraksha Sanhita (BNSS), the law draws clear distinctions between “investigation,” “inquiry,” and “trial,” keeping them in distinct procedural compartments despite their interchangeable use in everyday language.
An investigation is carried out by police officers or individuals authorized by a Magistrate, excluding Magistrates themselves, primarily for evidence collection.
It includes visiting the crime scene, establishing facts, tracking and arresting suspects, recording statements, conducting searches, and ultimately forming an opinion to file a police report under Section 193 BNSS.
Preliminary checks before case registration are excluded from formal investigation, and investigating officers must maintain strict ethical fairness toward both the victim and the accused.
In contrast, an inquiry is conducted exclusively by a Magistrate or court, never the police, for judicial determinations that do not decide guilt or innocence, such as maintenance claims under Section 144 BNSS or good-behavior bonds under Sections 126–129 BNSS.
Finally, a trial refers to the specific judicial process through which a court evaluates evidence to determine an accused person’s guilt or innocence.
2. POLICE, WHEN TO INVESTIGATE
The police serve as the principal agency for criminal investigations under the Bharatiya Nagarik Suraksha Sanhita (BNSS), possessing the authority to initiate proceedings based on information regarding a cognizable offence, reasonable suspicion of one, or a direct directive from a Judicial Magistrate under Section 210 BNSS.
While non-cognizable offences are typically regarded as private wrongs outside routine police involvement, a Magistrate’s order can mandate a police investigation, conferring full investigative powers with the sole exception of warrantless arrest; furthermore, if a crime involves both cognizable and non-cognizable aspects, the entire case is treated as cognizable.
Investigative authority is restricted under Section 175(1) BNSS to station house officers or higher ranks—or designated subordinates acting on their behalf—with senior officers such as a Superintendent of Police holding the power to assign severe cases to a Deputy Superintendent.
Territorially, an officer’s authority generally aligns with the local limits of their designated police station, but for complex offenses spanning multiple areas or occurring during travel, investigative jurisdiction runs parallel and coterminous with the local jurisdiction of the court empowered to try the offense under Chapter XIV BNSS (Sections 197–209 BNSS).
3. DUTY TO INFORM AND ASSIST THE POLICE
Under the criminal procedure framework of the Bharatiya Nagarik Suraksha Sanhita (BNSS), citizens are legally bound to inform and assist law enforcement regarding major criminal acts.
Under Section 33 BNSS, any individual aware of the commission of—or intent to commit—specified serious offenses under the Bharatiya Nyaya Sanhita (BNS), 2023, must immediately inform the nearest police officer or Magistrate.
This obligation applies even to acts planned or committed outside India that would constitute offenses locally, and failure to inform is punishable under Sections 211 and 239 BNS unless a valid excuse is proven by the accused.
The offenses requiring mandatory reporting encompass murder/culpable homicide (Sections 103–105), organized crime and terrorism (Sections 111–113), trafficking and kidnapping (Sections 140–144), state offenses (Sections 147–154, 158), currency counterfeiting (Sections 178–182), rioting (Sections 189, 191), food/drug adulteration (Sections 274–280), aggravated theft, robbery, dacoity (Sections 307, 309–312), breach of trust by officials (Section 316(5)), property mischief (Sections 326–328), and house-breaking (Sections 331, 332).
Recognizing the remote nature of rural regions, Section 34 BNSS extends a similar proactive duty to village officers and residents to report local suspicious activities, stolen goods, escaped criminals, and unnatural deaths.
Complementing these self-initiated reporting duties, Section 31 BNSS mandates that any person must provide reasonable assistance when explicitly requested by a police officer or Magistrate to stop escaping suspects, suppress breaches of peace, or protect public property, with intentional refusal punishable under Section 222 BNS, 2023.
4. INFORMATION TO THE POLICE
Section 173 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) outlines the statutory procedure for recording First Information Reports (FIRs) concerning cognizable offences, establishing that any individual may report a crime orally, in writing, or via electronic communication.
Police officers are legally bound to record an FIR when information discloses a cognizable crime regardless of local jurisdiction; if the incident took place outside their station’s limits, they must issue a “Zero FIR” and transfer it to the proper authority under Section 190 BNSS.
Strict safeguards exist for female victims of sexual offences, requiring statements to be taken by female officers, and in cases involving disabled victims, requiring videography, assistance from special educators, and prompt recording by a Judicial Magistrate.
Furthermore, deliberate police failure to register FIRs for enumerated sexual and violent offences carries criminal penalties of 6 months to 2 years imprisonment under Section 199 of the Bharatiya Nyaya Sanhita (BNS), 2023.
While the Lalita Kumari ruling establishes mandatory FIR registration for cognizable claims, Section 173(g) allows a 14-day preliminary enquiry with DSP approval for offences carrying 3 to 7 years of imprisonment to verify whether a prima facie case exists.
If local police refuse to record an FIR, aggrieved citizens can escalate the matter to the Superintendent of Police or apply directly to a Magistrate.
In contrast, non-cognizable offences under Section 174 BNSS are treated as private wrongs, recorded in general diaries, and referred to Magistrates without immediate police investigation powers—unless ordered by the court or bundled with at least one cognizable offence.
5. PROCEDURE AFTER THE RECORDING OF THE FIR
Following the recording of an FIR, Section 176(1) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) dictates that an investigation commences as soon as an officer suspects a cognizable offense, requiring an immediate occurrence report to be forwarded to the competent Magistrate to prevent post-event fabrication and maintain judicial supervision.
While delay in transmitting this report does not automatically invalidate a prosecution unless it causes clear prejudice to the accused, it allows defense counsel to challenge the timeliness and authenticity of the FIR.
The investigating officer is generally bound to inspect the crime scene directly, though exceptions are permitted for non-serious offenses naming specific suspects or cases lacking sufficient grounds to investigate—provided the police record their reasons for the Magistrate, submit fortnightly diary updates, and formally notify the complainant.
Notably, Section 176(3) BNSS introduces a mandatory requirement for offenses punishable by seven years or more, obligating a forensic expert to collect crime scene evidence under mandatory video recording.
Throughout this process, judicial authority remains distinct from executive action; as established in King Emperor v. Khwaja Nazir Ahmed, the functions of the judiciary and police are complementary rather than overlapping, restricting Magistrates from interfering in investigative procedures unless police arbitrarily refuse to investigate or where an FIR fails to disclose any offense—in which case proceedings may be quashed under Section 528 BNSS or Article 226 of the Constitution to protect rights guaranteed under Articles 20 and 21.