Odisha Police Crime Branch Circular 04/2024 on Preliminary Enquiry (Criminal Procedure)

# CRIME BRANCH CIRCULAR NO.04/2024 ## Sub: Standard Operating Procedure for Preliminary Enquiry (Sec-173 (3) BNSS 2023) ### 1. Objective Unlike the Cr.P.C., an express provision has been made in the BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 to enable the police to conduct preliminary enquiry in ce...

# CRIME BRANCH CIRCULAR NO.04/2024 ## Sub: Standard Operating Procedure for Preliminary Enquiry (Sec-173 (3) BNSS 2023) ### 1. Objective Unlike the Cr.P.C., an express provision has been made in the BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 to enable the police to conduct preliminary enquiry in certain categories of cases. The objective of such provision is to prevent false and malicious prosecution. ### 2. Definition A pre-investigation enquiry to ascertain whether there exists a prima facie case. Such Preliminary enquiry can be conducted in the matters where the reported cognizable offence is punishable with imprisonment of three years or more but less than seven years. ### 3. Process - The OIC/IIC shall register a case upon receipt of any information if he is satisfied that there exists a prima facie case regarding commission of cognizable offence from the contents of the report. - However, in case the OIC/IIC has doubt regarding the existence of a prima facie case he, instead of registering an FIR, may take steps to conduct a preliminary enquiry into the matter. It is important to note that such enquiry can only be conducted in cases where the alleged offence is punishable with an imprisonment of three years or more but less than seven years. - In case the OIC/IIC decides to counter preliminary enquiry into the matter he will take following steps: - He shall enter the fact in Station Diary of the Police Station. - He will seek permission of the jurisdictional SDPO/ACP/DSP for initiating preliminary enquiry immediately but not exceeding 48 hours after receipt of such information. - The jurisdictional SDPO/ACP/DSP on receipt of such request may permit or decline for such preliminary enquiry as soon as possible but not exceeding 48 hours from the receipt of such request. - In case the SDPO/ACP/DSP declines to accord such permission for preliminary enquiry he shall record his reason in writing for such refusal and communicate the same to the OIC/IIC. - On receipt of the permission from SDPO/ACP/DSP, the OIC/IIC may himself conduct the preliminary enquiry or cause it to be enquired by his subordinate officer of and above the rank of ASI. - OIC/IIC must ensure that the preliminary enquiry is completed within the statutory period of 14 days from the date of receipt of the information, as prescribed under section 173 (3). - It may be noted that the objective of such Preliminary Enquiry is not to ascertain the veracity of the allegation. The enquiring officer has to verify if the incident narrated in the report has actually taken place or not. The questions like who committed the offence and to what extent are not covered under the ambit of the preliminary enquiry. - The Police officer conducting the enquiry may visit the spot, examine the complainant and the persons acquainted with the facts and circumstances of the case. - The Enquiring Officer shall submit a report to the OIC/IIC of the Police Station regarding actions taken during the enquiry and his opinion about the occurrence of the alleged incident and whether there exists a prima-facie cognizable case. - The result of such Preliminary Enquiry shall be entered in 'Preliminary Enquiry Register' kept in the PS by the OIC/any officer so entrusted for the purpose. Registration or non-registration of the case will be decided on the outcome of the Preliminary Enquiry. - While registering the case after the preliminary enquiry, the original written report submitted by the complaint shall be registered as FIR. - The time consumed for the preliminary enquiry shall be duly mentioned in the FIR form as well as the case diary. - The result of such Preliminary Enquiry and consequent steps taken by the OIC/IIC shall also be intimated to the complainant/informant under intimation to the SDPO/ACP/DSP. - This provision is not applicable in respect of complaint cases received from the cognizance taking Magistrates. - Preliminary enquiry is not required upon registration of Zero FIRs by the non-jurisdictional Police Station registering of zero FIR. However, the jurisdictional Police station may conduct such preliminary enquiry in deserving cases. - Where a case has already been registered by order of the Court or any authority, no further Preliminary Enquiry is necessary. - It may be noted that as per section 18-A of the SC and SC (POA) Act no preliminary enquiry can be conducted. ### 4. Responsibility - All SDPOs/SHOs/EO shall maintain the complete record of proceedings conducted in any preliminary enquiry. - It will be the responsibility of OIC/IIC to see that the preliminary enquiry is completed within the statutory period of 14 days from the date of receipt of the information. - SDPO/SP/DCP to review preliminary enquiries conducted in his jurisdiction during the monthly crime review meeting and take corrective measures, if any. **Note:** This Standard Operating Procedure (SOP) is subject to modification based on feedback from field units, post implementation of the new criminal laws. ### Memo No. 7343 /CID-Law **Date:** 29.06.2024. **Copy forwarded to:** - All Dist. SsP including DCsP, Bhubaneswar / Cuttack, SsRP Cuttack/Rourkela, SsP HRPC/ CAW & CW/ EOW/STF - Spl. D.G of Police, HRPC, Commissioner of Police, Bhubaneswar- Cuttack, ADGP Railways & Coastal Security - IGP Training, IGP CAW & CW, IGP EOW, IGP STF - All Range IsGP / DIsGP for information and necessary action. **Addl. Director General of Police, CID Crime Branch, Odisha.** **Address:** Buxibazar, Cuttack - 753 001, Tel: 0671-2339622 **email:** [email protected] ## Annexure A ### FORMAT OF SEEKING PERMISSION FOR CONDUCTING PRELIMINARY ENQUIRY UNDER SECTION 173 (3) BNSS, 2023 **Police Station:** **District** **No.** **Date** **Information for conducting Preliminary Enquiry u/s 173(3) of BNSS** | Sl. No. | Particulars | Contents| |---|---|---|---| | 1 | Nature of the information/ complaint | | | 2 | Date and time of receipt of the information/complaint | | | 3 | Details of the informant/ complainant | | | | (a) Name | | | | (b) Address | | | | (c) Contact details | Mobile No: | | | | Email id: | | | 4 | Details of the person against whom information/ complaint given | | | | (a) Name | | | | (b) Address | | | | (c) Contact details | Mobile No: | | | | Email id: | | | 5 | Whether informant/ complainant is a minor/woman/senior-citizen | | | 6 | Time and place of occurrence of alleged offence | | | | No. | | | | Time | | | | Date | | | | | Officer-in-charge/SHO | | | | Police Station | | | **Reasons for approval/ denial for conducting Preliminary Enquiry u/s 173(3) BNSS:** | | | | | | | | Date: | | | | | Seal and Designation of the Officer |