clause 193 & 210 of BNSS

 clause 193 & 210 of BNSS

Clause 193 of BNSS

 

(1)       Every investigation under this Chapter shall be completed without unnecessary delay. (2) The investigation in relation to an offence under sections 64, 66, 67, 68, 70, 71 of the Bharatiya Nyaya Sanhita, 2023 or under sections 4, 6, 8 or section 10 of the Protection of Children from Sexual Offences Act, 2012 shall be completed within two months from the date on which the information was recorded by the offi cer in charge of the police station. (3) (i) As soon as the investigation is completed, the offi cer in charge of the police station shall forward to a Magistrate empowered to take cognizance of the offence on a police report, a report in the form as the State Government may, by rules provide, stating— (a) the names of the parties; (b) the nature of the information; (c) the names of the persons who appear to be acquainted with the circumstances of the case; (d) whether any offence appears to have been committed and, if so, by whom; (e) whether the accused has been arrested; (f) whether the accused has been released on his bond and, if so, whether with or without sureties; (g) whether the accused has been forwarded in custody under section 190; (h) whether the report of medical examination of the woman has been attached where investigation relates to an offence under sections 64, 66, 67, 68 or section 70 of the Bharatiya Nyaya Sanhita, 2023. (ii) The police offi cer shall, within a period of ninety days, inform the progress of the investigation by any means including electronic communication to the informant or the victim. (iii) The offi cer shall also communicate, in such manner as the State Government may, by rules, provide, the action taken by him, to the person, if any, by whom the information relating to the commission of the offence was fi rst given. (4) Where a superior offi cer of police has been appointed under section 177, the report shall, in any case in which the State Government by general or special order so directs, be submitted through that offi cer, and he may, pending the orders of the Magistrate, direct the offi cer in charge of the police station to make further investigation. (5) Whenever it appears from a report forwarded under this section that the accused has been released on his bond, the Magistrate shall make such order for the discharge of such bond or otherwise as he thinks fi t. (6) When such report is in respect of a case to which section 190 applies, the police offi cer shall forward to the Magistrate along with the report— (a) all documents or relevant extracts thereof on which the prosecution proposes to rely other than those already sent to the Magistrate during investigation; (b) the statements recorded under section 180 of all the persons whom the prosecution proposes to examine as its witnesses. (7) If the police offi cer is of opinion that any part of any such statement is not relevant to the subject-matter of the proceedings or that its disclosure to the accused is not essential in the interests of justice and is inexpedient in the public interest, he shall indicate that part of the statement and append a note requesting the Magistrate to exclude that part from the copies to be granted to the accused and stating his reasons for making such request. (8) Subject to the provisions contained in sub-section (7), the police offi cer investigating the case shall also submit such number of copies of the police report along with other documents duly indexed to the Judicial Magistrate for supply to the accused as required under section 230: Provided that supply of report and other documents by electronic communication shall be considered as duly served. (9) Nothing in this section shall be deemed to preclude further investigation in respect of an offence after a report under sub-section (3) has been forwarded to the Magistrate and, where upon such investigation, the offi cer in charge of the police station obtains further evidence, oral or documentary, he shall forward to the Magistrate a further report or reports regarding such evidence in the form as the State Government may, by rules, provide; and the provisions of sub-sections (3) to (7) shall, as far as may be, apply in relation to such report or reports as they apply in relation to a report forwarded under sub-section (3): Provided that further investigation during the trial may be permitted with the permission of the Court trying the case and the same shall be completed within a period of ninety days which may extend with the permission of the Court.

Clause 210 - Cognizance of Offences by Magistrates

(1) Subject to the provisions of this Chapter, any Magistrate of the fi rst class, and any Judicial Magistrate of the second class specially empowered in this behalf under sub-section (2), may take cognizance of any offence— (a) upon receiving a complaint of facts, including any complaint fi led by a person authorised under any special law, which constitutes such offence; (b) upon a police report (recorded in any mode including digital mode) of such facts; (c) upon information received from any person other than a police offi cer, or upon his own knowledge, that such offence has been committed. (2) The Chief Judicial Magistrate may empower any Magistrate of the second class to take cognizance under sub-section (1) of such offences as are within his competence to inquire into or try (3) Any Magistrate empowered under this section, shall upon receiving a complaint against a public servant arising in course of the discharge of his offi cial duties, take cognizance, subject to— (a) receiving a report containing facts and circumstances of the incident from the offi cer superior to such public servant; and (b) after consideration of the assertions made by the public servant as to the situation that led to the incident so alleged.