Bharatiya Criminal Laws Overview 2023

A preliminary inquiry in a cognizable offense punishable with 3 to 7 years imprisonment requires permission from a DSP and must be completed within 14 days.

The victim must be informed about the progress of their case within 90 days from the date the FIR (First Information Report) is registered.

The investigation of each case must be completed within the allotted time frame.

Any search or seizure of property, articles, or things during an investigation must be video recorded and photographed using a mobile phone or other electronic device. The recordings must be sent to the area magistrate.

In cases of cognizable offenses, a police officer can arrest a person without a magistrate's order or warrant.

In cases where the punishment for an offense is less than 3 years and the accused has a serious illness or is above 60 years old, an arrest can only be made with the permission of the Deputy Superintendent of Police (DSP).

Every police officer making an arrest must identify themselves with their name and rank. A memorandum of arrest must be prepared and signed by a witness and the person arrested.

The arrested person has the right to meet a lawyer of their choice during police interrogation, but not throughout the entire interrogation.

Police officers can use handcuffs when arresting individuals suspected of serious crimes like terrorism, drug trafficking, acid attacks, and counterfeiting.

A woman cannot be arrested at night without written permission from a Magistrate of the First Class.

When a warrant is issued for someone's arrest, the police can enter a place believed to contain the suspect and conduct a search with the occupant's permission.

Arrested individuals must be informed about the reason for their arrest and their right to bail.

Upon arrest, police officers must inform the arrested person's relative or a nominated individual about the arrest and their location.

If someone is arrested on charges of rape or attempted rape, a medical practitioner must examine them upon request from a police officer.

Police officers must provide the arrested person or their nominee with a copy of the medical report after the medical examination.

The medical report on an arrested person should include DNA profiling of the accused and be forwarded to the investigating officer.

A cognizable case is an offense where the police can immediately arrest a person without a warrant. This is because the offense is serious enough to warrant this action.

A non-cognizable offense is less serious and the police cannot arrest someone without a magistrate's order. These cases are usually referred to the court, but the police can investigate with the court's permission.

If a person is unhappy with a police officer's refusal to record an information report, they can appeal to the Superintendent of Police or a Magistrate.

A police officer investigating a case must send a report to the relevant magistrate or delegate a subordinate officer to investigate.

In a case involving multiple offenses, even if only one is cognizable, the entire case is considered cognizable.

A Magistrate can order a police officer to investigate a case after reviewing the application received by the police.

A police officer in charge of a station can investigate cognizable cases without a magistrate's order if the case falls within their jurisdiction.

The police are required to record a victim's statement and provide them with a copy free of charge.

A police officer in charge is not required to investigate a case if there is insufficient evidence to suggest a crime has occurred.

Statement recording for rape cases must be conducted at the victim's residence or a chosen location in the presence of trusted individuals.

For crimes with a potential sentence of 7 years or more, a forensic expert must be called to the crime scene to collect evidence.

Every report submitted to a Magistrate under Section 176 must be sent through a higher-ranking police officer.

The Magistrate, upon receiving a report, can either order a full investigation or conduct a preliminary inquiry before deciding how to proceed.

A police officer can summon witnesses to an investigation, but children under 15, women over 60, disabled individuals, or those with serious illnesses cannot be required to attend outside their residence.

A police officer can question anyone believed to be knowledgeable about the facts of a case during an investigation.

Statements from women accused of certain offenses (mostly related to sexual offenses) must be recorded by a female officer.

No police officer or authority figure can make any threats, promises, or inducements to gain a confession or statement from a suspect.

Confessions and statements can be recorded electronically with the accused's lawyer present.

In specific serious offenses, like those related to sexual abuse or terrorism, a woman magistrate must record the statements of witnesses brought by the police. In the magistrate's absence, a male magistrate can do so in the presence of a woman officer.

The police must take a female rape victim to a registered medical practitioner within 24 hours for examination. The doctor must send a report to the investigating officer within 7 days.

Police officers can search a place if they have grounds to believe evidence relevant to a crime is present. They must record the search electronically and inform the magistrate.

If a police officer from one station needs to search a place in another station's jurisdiction, they must forward the search request to the officer in charge of that area.

If an investigation cannot be completed within 24 hours, the police officer must inform the magistrate and request an extension.

The police officer in charge of a station or a sub-inspector investigating in another jurisdiction needs to send the search list to the officer in charge of the area where the search was conducted.

The police officer investigating a case must inform the victim or informant about the progress of the investigation within 90 days using any means of communication, including electronic methods.

When investigating an offense under specific sections of the BNS 2023 or POCSO Act 2012, the police officer must complete the investigation within 60 days from the date the information was recorded.

The police officer conducting an investigation must maintain a daily record of their proceedings.

The police officer must submit their investigative report to the appropriate officer within the designated timeframe. This report should be submitted promptly.

When a subordinate police officer completes an investigation, they must report their findings to the officer in charge of the police station.

The police officer investigating a case must provide the accused with a copy of the 'challan', which is a document summarizing the charges against them.

A Magistrate can authorize the detention of an accused person for a maximum of 15 days in total within the initial 40 or 60 days of the detention period, depending on the case.

If a Magistrate determines they lack jurisdiction to try a case or commit it for trial, and further detention is unnecessary, they can transfer the accused to a Magistrate with the appropriate jurisdiction.