Section 176 of BNSS : Section 176: Procedure for investigation.

Explanation using Example

Example 1:

Scenario: A theft has been reported in a local market.

Details:

• The officer in charge of the police station receives information about a theft in a local market.
• The officer suspects the commission of an offence which he is empowered to investigate under Section 175.
• The officer sends a report to the Magistrate empowered to take cognizance of such offence.
• The officer proceeds to the market to investigate the facts and circumstances of the case.
• During the investigation, the officer discovers evidence and identifies the suspect.
• The officer takes measures to arrest the suspect.

Application of Section 176:

• The officer follows the procedure outlined in Section 176(1) by sending a report to the Magistrate and proceeding to the spot to investigate.
• If the theft was reported against a specific person and was not of a serious nature, the officer might choose not to proceed in person but instead send a subordinate officer.
• The officer records the reasons for not fully complying with the requirements in his report as per Section 176(2).

Example 2:

Scenario: A case of rape has been reported.

Details:

• The officer in charge of the police station receives information about a rape case.
• The officer sends a report to the Magistrate empowered to take cognizance of such offence.
• The officer ensures that the statement of the victim is recorded at the victim's residence or a place of her choice.
• The statement is recorded by a woman police officer in the presence of the victim's parents, guardian, or a social worker.
• The statement is also recorded through audio-video electronic means, such as a mobile phone.

Application of Section 176:

• The officer follows the procedure outlined in Section 176(1) for investigating the offence.
• The officer ensures that the victim's statement is recorded in a sensitive manner as per the second proviso to Section 176(1).
• The officer includes the reasons for any deviations in his report and forwards the daily diary report to the Magistrate as per Section 176(2).

Example 3:

Scenario: A murder case punishable with imprisonment for seven years or more.

Details:

• The officer in charge of the police station receives information about a murder.
• The officer sends a report to the Magistrate empowered to take cognizance of such offence.
• The officer ensures that a forensic expert visits the crime scene to collect forensic evidence.
• The officer ensures that the process is videographed using a mobile phone or other electronic device.

Application of Section 176:

• The officer follows the procedure outlined in Section 176(1) for investigating the offence.
• The officer ensures compliance with Section 176(3) by involving a forensic expert and videographing the process.
• If forensic facilities are not available, the officer follows the State Government's notification to utilize facilities from another State as per the proviso to Section 176(3).