Section 173 of BNSS : Section 173: Information in cognizable cases.

Explanation using Example

Example 1:

Scenario: A woman named Priya is walking home from work when she is harassed by a group of men. She manages to escape and wants to report the incident to the police.

Application of the Act:

1. Priya goes to the nearest police station and informs the officer in charge about the harassment (a cognizable offence).
2. Since the information is given orally, the officer reduces it to writing, reads it back to Priya, and asks her to sign it.
3. As the offence involves harassment (covered under sections 64 to 79 of the Bharatiya Nyaya Sanhita, 2023), a woman police officer is called to record Priya's statement.
4. The recording of Priya's statement is videographed.
5. Priya is given a copy of the recorded information free of cost.
6. The police officer proceeds with the investigation after obtaining necessary permissions, if required.

Example 2:

Scenario: Raj, a physically disabled man, is a victim of a burglary at his home. He wants to report the crime but finds it difficult to visit the police station.

Application of the Act:

1. Raj calls the police station and informs them about the burglary (a cognizable offence).
2. A police officer visits Raj's residence to record his statement, as Raj is physically disabled.
3. An interpreter is present to assist Raj in communicating his statement clearly.
4. The officer videographs the recording of Raj's statement.
5. Raj is given a copy of the recorded information free of cost.
6. The police officer gets Raj's statement recorded by a Magistrate as soon as possible.
7. The police officer, with prior permission from a Deputy Superintendent of Police, conducts a preliminary enquiry to ascertain if there is a prima facie case for proceeding with the investigation.

Example 3:

Scenario: An individual named Anil witnesses a hit-and-run accident and wants to report it to the police.

Application of the Act:

1. Anil sends an email to the police station detailing the hit-and-run accident (a cognizable offence).
2. The officer in charge takes the email on record and asks Anil to visit the police station within three days to sign the report.
3. Anil visits the police station, signs the report, and the substance of the information is entered into the police records.
4. Anil is given a copy of the recorded information free of cost.
5. The police officer proceeds with the investigation after obtaining necessary permissions, if required.

Example 4:

Scenario: A person named Sunita tries to report a case of domestic violence to the police, but the officer in charge refuses to record her information.

Application of the Act:

1. Sunita writes down the details of the domestic violence incident and sends it by post to the Superintendent of Police.
2. The Superintendent of Police reviews the information and, if satisfied that it discloses a cognizable offence, directs an investigation to be made by a subordinate police officer.
3. The subordinate police officer has all the powers of an officer in charge of the police station in relation to the offence.
4. If the Superintendent of Police does not take action, Sunita can make an application to the Magistrate for further steps.

Example 5:

Scenario: A businessman named Ramesh reports a case of fraud involving a significant amount of money to the police.

Application of the Act:

1. Ramesh goes to the police station and reports the fraud (a cognizable offence punishable for three years or more but less than seven years).
2. The officer in charge, with prior permission from a Deputy Superintendent of Police, conducts a preliminary enquiry within fourteen days to ascertain if there is a prima facie case.
3. If a prima facie case is established, the officer proceeds with the investigation.
4. Ramesh is given a copy of the recorded information free of cost.