FIR, Investigation & Charge Sheet under BNSS, 2023: A Complete Guide

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FIR, Investigation & Charge Sheet under BNSS, 2023: A Complete Guide

With the introduction of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, the landscape of criminal procedure in India has undergone a modern transformation. One of the most crucial stages in any criminal matter is the registration of the First Information Report (FIR) and the investigation that follows.

This blog will explain the step-by-step process of FIR, investigation, and filing of the charge sheet under BNSS in simple and practical language.

📌 1. What is an FIR?

An FIR (First Information Report) is the official complaint made to the police when a cognizable offence (serious offence) is committed. It sets the criminal law in motion and leads to an investigation.

Under BNSS, the FIR is dealt with in Section 173 (previously Section 154 CrPC).

📄 2. What Must an FIR Contain?

  • Name and address of complainant

  • Date, time, place of the offence

  • Facts of the offence

  • Description of accused (if known)

  • Names of witnesses (if any)

  • Signature of the complainant

It must be recorded in writing and read over to the complainant before taking their signature.

📲 3. FIR Through Electronic Means (Section 173 BNSS)

A major innovation under BNSS is the provision for electronic FIR:

  • FIR can be lodged online or through electronic communication (e.g. email, app, website)

  • The complainant must verify the report in person within 3 days

  • Police must issue a copy of FIR to the complainant free of cost

This is a huge step toward digitization and accessibility.

🔐 4. When is FIR Mandatory?

Police must register an FIR if:

  • The complaint discloses a cognizable offence

  • There is prima facie credibility

  • The jurisdiction is within their area

Non-registration of FIR can be challenged in court and may result in disciplinary action.

🚫 5. When Can Police Refuse to Register FIR?

Police may refuse to register FIR if:

  • The offence is non-cognizable

  • The complaint is false, frivolous or vague

  • The matter is civil in nature (e.g. property dispute)

In such cases, the police may advise filing a complaint before Magistrate under Section 190 BNSS.

⚖️ 6. What to Do If Police Refuse FIR?

  • Approach Superintendent of Police (SP) under Section 174 BNSS

  • File a complaint before Magistrate

  • Approach High Court for directions

Filing FIR is a legal right, especially for victims of serious offences like rape, murder, assault, etc.

🔍 7. Investigation after FIR (Section 175 BNSS)

After FIR, police initiate investigation:

  • Visit scene of crime

  • Collect evidence (CCTV, documents, blood samples, etc.)

  • Record witness statements (Section 180 BNSS)

  • Conduct medical examination (if required)

  • Arrest suspect (if needed)

Investigation must be fair, impartial, and timely.

⏱️ 8. Time Limit for Completing Investigation

BNSS mandates timely completion of investigation:

Type of Case Time Limit
Cognizable offence punishable with death/life 90 days
Other offences 60 days
Juvenile cases 30 days

Delays must be explained to the court, or the accused may get default bail under Section 187 BNSS.

📝 9. Statements and Confessions

  • Witnesses are examined under Section 180

  • Accused’s confession to police is not admissible

  • Confession before a Magistrate is valid under Section 183

BNSS prohibits torture and coercion during investigation.

🚓 10. Arrest During Investigation (Section 35 BNSS)

Police can arrest without warrant if:

  • The offence is cognizable

  • They have reasonable suspicion

  • There is a chance of absconding

  • The person may tamper with evidence

Arrest memo must be issued, and the accused has the right to legal counsel.

⚖️ 11. Role of Magistrate During Investigation

The Magistrate:

  • Grants remand (police or judicial custody)

  • Ensures compliance of rights of accused

  • May order medical examination

  • Can monitor investigation progress

BNSS encourages early judicial oversight to prevent abuse of power.

📁 12. What is a Charge Sheet?

A charge sheet (now under Section 193 BNSS) is the final police report that:

  • Lists the accused

  • Specifies the charges

  • Attaches evidence and witness list

  • Is filed before Magistrate to start trial

If the police find no evidence, they may file a closure report instead.

⌛ 13. Delay in Filing Charge Sheet

If the charge sheet is not filed within 90 or 60 days, and the accused is in custody, they have a right to statutory bail (also called default bail) under Section 187(2) BNSS.

🧑‍⚖️ 14. Filing of Supplementary Charge Sheet

If new evidence comes after the first charge sheet, police may file a supplementary charge sheet (Section 193(8)).

This allows for further charges, addition of accused, or new witnesses.

👨‍👩‍⚖️ 15. Rights of Victims During Investigation

  • Right to receive a copy of FIR

  • Right to receive updates on investigation

  • Right to assist prosecution

  • Right to oppose bail of the accused

BNSS places greater emphasis on victim participation and protection.

🔐 16. Police Diary (Section 181 BNSS)

Police maintain a daily diary of investigation:

  • Time of visits

  • Witnesses examined

  • Evidence collected

  • Arrests made

Court can inspect this diary to check fairness of investigation.

📦 17. Seizure and Search (Section 79-88 BNSS)

Police can search premises or seize articles relevant to the offence, with proper warrant or procedural safeguards.

Digital evidence like mobile phones, laptops, CCTV footage are included.

🧒 18. Special Protection for Women and Children

BNSS ensures:

  • Woman officers to record statement of female victims

  • Victim of sexual offence can record statement at home or safe place

  • No arrest of woman after sunset and before sunrise

  • Child-friendly investigation procedures

📞 19. Role of Technology in FIR and Investigation

BNSS promotes digital innovation:

  • e-FIR registration

  • Electronic evidence collection

  • Video-recording of statements

  • Use of forensic and DNA labs

  • Online case status updates

This aligns with the vision of Digital India and paperless policing.

📢 20. Summary: Key Takeaways

Stage Section Key Feature
FIR 173 Online/electronic FIR
Investigation 175 Police must collect evidence, record statements
Charge Sheet 193 Police report to court to begin trial
Bail on Delay 187(2) Accused entitled to bail if charge sheet delayed

🧑‍⚖️ Conclusion: A Victim-Centric and Transparent Approach

The new BNSS framework modernizes the criminal justice process. It gives both the victim and the accused clarity, speed, and a fair process. The emphasis on technology, timelines, and accountability ensures that:

  • Victims get justice faster

  • False cases can be identified early

  • Police function more transparently

  • Citizens can access the system easily

📞 Need legal help for FIR or criminal complaint?
Contact Advocate Anurag Gupta
📱 Mobile: 8240642015
💬 WhatsApp: 8931942803
📧 Email: gripshawlaw2005@gmail.com


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