Closure Report and Police Report under Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023

The Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, establishes a structured legal framework for conducting investigations and submitting police reports. Section 193 of BNSS outlines the procedures for concluding investigations, filing police reports, and issuing closure reports, thereby enhancing transparency, accountability, and efficiency in the criminal justice system.

Completion of Investigations

Timely Investigation (Section 193(1))

Section 193(1) mandates that every investigation be completed without unnecessary delay, ensuring that justice is neither delayed nor denied.

Timeframes for Specific Offences (Section 193(2))

For certain grave offenses, Section 193(2) specifies that investigations must conclude within two months from the date of recording the information. This applies to offenses under Sections 64, 65, 66, 67, 68, 70, 71 of the Bharatiya Nyaya Sanhita, 2023, and Sections 4, 6, 8, 10 of the Protection of Children from Sexual Offenses Act, 2012 (POCSO Act).

Submission of Police Report

Procedure for Submitting the Police Report (Section 193(3))

Upon completing an investigation, the officer in charge of the police station is required to forward a report to the magistrate empowered to take cognizance of the offense. This report, which can be transmitted electronically, must include:

• Names of the parties involved
• Nature of the information received
• Names of persons acquainted with the case circumstances
• Details of any offences committed and by whom
• Arrest status of the accused
• Information on whether the accused has been released on bond or bail
• Whether the accused has been forwarded in custody under Section 190
• Attachment of medical examination reports, if applicable
• Sequence of custody in cases involving electronic devices

The report may take the form of a chargesheet if sufficient evidence exists to proceed with prosecution or a closure report if no offence is established.

Communication of Investigation Progress (Section 193(3)(ii) & (iii))

To promote transparency, Section 193(3)(ii) and (iii) require the investigating officer to inform the informant or victim about the investigation’s progress within ninety days, utilizing electronic communication or other means. Additionally, the officer must communicate the actions taken to the person who initially provided information about the offense.

Role of Superior Officer in Police Reports

Authority of a Superior Officer (Section 193(4))

In certain instances, the state government may direct that the police report be submitted through a superior officer of police appointed under Section 177. This superior officer has the authority to direct further investigation pending the Magistrate’s orders, ensuring thorough oversight in complex cases.

Judicial Oversight and Discharge of Accused’s Bond

Magistrate’s Authority to Discharge Bond (Section 193(5))

When a report indicates that the accused has been released on bond or bail, Section 193(5) empowers the Magistrate to issue appropriate orders for the discharge of such bonds, thereby preventing undue legal hardship on individuals not proceeding to trial.

Prosecution Documentation and Exclusion of Irrelevant Information

Submission of Prosecution Documents (Section 193(6))

For cases under Section 190 of BNSS, the investigating officer must forward to the Magistrate:

• All documents or relevant extracts on which the prosecution intends to rely
• Statements recorded under Section 180 of all persons whom the prosecution proposes to examine as witnesses

Exclusion of Irrelevant Information (Section 193(7))

If the investigating officer believes that certain parts of a statement are irrelevant or that their disclosure is not in the interests of justice or public interest, they may request the Magistrate to exclude those portions from the copies provided to the accused.

Supply of Documents to the Accused

Submission and Communication (Section 193(8))

Section 193(8) mandates that the investigating officer submit the requisite number of copies of the police report and other documents to the Magistrate for supply to the accused, as required under Section 230. The provision also recognizes electronic communication as a valid means of serving these documents, enhancing procedural efficiency.

Further Investigation and Supplementary Chargesheets

Scope for Further Investigation (Section 193(9))

Section 193(9) clarifies that further investigation is not precluded after the initial report has been submitted. If additional evidence is discovered, the investigating officer must forward a supplementary report to the Magistrate. Notably, any further investigation during the trial requires the Court’s permission and must be completed within ninety days, extendable with the Court’s consent.

Legal Remedies Against Closure Reports

When a closure report is filed, the complainant or informant has specific legal remedies:

1. Filing a Protest Petition: The complainant can file a protest petition before the Magistrate, challenging the closure report and requesting the Court to take cognizance of the offence.
2. Judicial Review: The Magistrate may accept the closure report, direct further investigation, or take cognizance of the offence based on the available materials.
3. Revision Petition: Under Section 438 of BNSS, an aggrieved person may file a revision petition before the Sessions Court or High Court challenging the Magistrate’s decision on the closure report.

Conclusion

Section 193 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, plays a crucial role in streamlining criminal investigations and ensuring procedural efficiency. By setting clear timelines, facilitating electronic communication, empowering superior officers, and maintaining judicial oversight, this provision strengthens the criminal justice system and upholds the principles of fairness, transparency, and accountability.