Investigation by Police
Assignment for the Subject: Criminal Procedure Code I
Submitted in the
INSTITUTE OF LAW
MAHARAJA SURAJMAL BRIJ UNIVERSITY, BHARATPUR
Submitted to: Submitted by:
Amulya Parashar
Miss. Deepali fauzdar Name & Roll No.
Institute of Law, B.A. LL.B. Semester VII
Maharaja Surajmal Brij University,
Bharatpur
321201
Session: 2024-2025
Miss. Deepali Fauzdar
Assistant Professor
Institute of Law,
Maharaja Surajmal Brij University
Bharatpur, Rajasthan-321201
CERTIFICATE
This is to certify that the Assignment entitled “Investigation by Police " is a bona fide record of
research work done by Amulya Parashar during the session 2024-25 submitted to Institute of Law,
Maharaja Surajmal Brij University, Bharatpur in partial fulfillment of the requirement for the award
of the Degree of B.A. LL.B. and that the project has not previously formed the basis for the award of any
other Degree, Diploma, Fellowship and that the project represents independent and original work on the
part of the candidate under my guidance.
Date: 20.05.2025 Teacher’s Name & Signature
Place: Institute of Law
DECLARATION
I, [Amulya Parashar], hereby declare that the assignment entitled “Investigation by Police”
submitted for the subject Criminal Procedure Code I is my original work and has not been copied from
any other source or borrowed from previous submissions. I affirm that the contents of this assignment
are the result of my own independent research and have been developed through my understanding
and analysis of the topic.
I further declare that I have provided due credit to all sources, references, and authors
whose works have been consulted or quoted within this assignment. I understand that any attempt
to violate academic integrity or plagiarism regulations will be subject to disciplinary actions as per
the university’s guidelines.
Date: 20.05.2025 Student’s Name & Signature
Place: Institute of law Amulya Parashar
ACKNOLEDGEMENT
I have written this project titled “Investigation by Police " under the supervision of Miss.
Deepali Fauzdar , Asst. Professor of Law, Institute of Law, Maharaja Surajmal Brij
University, Bharatpur. her valuable suggestions have not only helped me in making this work
but also in developing an analytical approach to this work.
I found no words to express my gratitude to all the faculty members of the Institute of Law
for constant encouragement at every step.
I am extremely grateful to the Librarian and Library Staff of the Institute of Law, Maharaja
Surajmal Brij University, Bharatpur for their invaluable support and cooperation extended by them
to me for accomplishing this minor project work from time to time.
Date: 20.05.2025 Student’s Name & Signature
Place: Institute of Law Amulya Parashar
Table of Contents
1. Introduction
o Overview of BNSS
o Importance of Police Investigation in the Criminal Justice System
o Objectives of BNSS in Streamlining Investigation
2. Historical Background
o Evolution of Criminal Investigation in India
o Transition from CrPC to BNSS
o Key Legal Reforms Introduced
3. Legal Framework of Police Investigation under BNSS
o Registration of FIR (First Information Report)
o Preliminary Inquiry before FIR Registration
o Process of Investigation: Crime Scene Examination, Witness Statements,
Evidence Collection
o Submission of Investigation Report
4. Key Features of BNSS in Police Investigation
o Fixed Time Frame for Investigation
o Reforming Arrest Procedures
o Use of Technology in Investigation
5. Challenges in Implementation
o Resistance to Change in Law Enforcement
o Training Needs and Capacity Building
o Balancing Efficiency with Protection of Citizens' Rights
6. Impact on Justice Delivery
o Speeding Up Investigations and Trials
o Strengthening Victim-Centric Reforms
o Ensuring Fairness and Transparency
7. Conclusion
o Summary of Key Findings
o Future Scope of BNSS in Improving Criminal Justice
o Recommendations for Effective Implementation
8. Bibliography
o Books & Legal Texts
o Legislative Documents
o Case Laws & Judicial Precedents
o Journal Articles & Online Resources
Investigation by Police under Bhartiya Nagarik Suraksha Sanhita (BNSS)
Introduction
The Bhartiya Nagarik Suraksha Sanhita (BNSS) represents a monumental reform in
India’s criminal procedure laws, replacing the Code of Criminal Procedure (CrPC),
1973. The primary aim of BNSS is to modernize investigative mechanisms, improve
efficiency, and ensure transparency in police procedures.
Police investigation is the cornerstone of criminal justice. It determines how offenses
are identified, documented, and prosecuted, ultimately impacting the conviction
rates and the protection of rights. BNSS seeks to revamp the outdated investigation
procedures by integrating technological advancements and enforcing stricter
accountability measures.
This assignment explores the investigative framework under BNSS in detail,
analyzing its legal aspects, procedural structure, challenges, and impact on justice
delivery.
Historical Background
India’s criminal justice system has undergone various transformations to adapt to
societal changes and emerging security challenges. Prior to BNSS, the **Code of
Criminal Procedure, 1973** was the central legislation governing police
investigation. Over the years, limitations such as procedural delays, lack of
technological integration, and inefficient policing surfaced as major concerns.
The BNSS was introduced to address these shortcomings and enhance criminal
justice delivery. The transition from CrPC to BNSS signifies India’s commitment to:
1. Ensuring quick disposal of cases by setting time limits on investigations.
2. Improving citizens’ access to justice through digital provisions like E-FIR and
online case tracking.
3. Enhancing police accountability and transparency by refining arrest protocols
and strengthening safeguards against misuse.
The historical necessity for BNSS can be understood through key judicial rulings
that exposed the weaknesses of previous procedures:
- D.K. Basu v. State of West Bengal (1997): Highlighted the importance of
safeguards against custodial torture.
- Lalita Kumari v. Govt. of U.P. (2013): Emphasized the mandatory registration of
FIR in cognizable offenses.
BNSS builds upon such precedents, aiming to make investigations more structured
and citizen-friendly.
Legal Framework of Police Investigation under BNSS
Registration of FIR (First Information Report)
The FIR serves as the foundation for a criminal investigation. BNSS introduces
modernized provisions to streamline FIR registration, including:
- Section 173 BNSS: Allows FIRs to be filed through multiple channels—written,
oral, and electronic.
- Zero FIR: Individuals can file complaints at any police station, regardless of
jurisdiction.
- E-FIR: Online platforms enable victims to lodge complaints remotely, reducing
bureaucratic delays.
- Preliminary Inquiry: In exceptional cases, police officers conduct a brief inquiry
before registering an FIR to assess the merits of the complaint.
These reforms aim to eliminate procedural hurdles and prevent instances of police
refusal in filing genuine complaints.
Investigation Process
Once an FIR is registered, the investigation process unfolds through a series of
structured steps:
1. Crime Scene Inspection (Section 174 BNSS):Police officers must visit the crime
scene, document forensic evidence, and assess material traces left by the
perpetrators.
2. Summoning Witnesses (Section 175 BNSS): Witnesses and individuals
connected to the crime are called for questioning to corroborate evidence.
3. Recording Statements (Section 176 BNSS): Police officers formally document
the statements of witnesses and suspects. Under BNSS, this must be done in a
manner ensuring legal safeguards against coercion.
4. Medical Examination (Section 177 BNSS): In cases involving physical injuries
or sexual offenses, victims and accused may undergo medical examinations to
establish crucial forensic evidence.
5. Submission of Investigation Report (Section 178 BNSS): A final report
encapsulating findings, collected evidence, and expert opinions is submitted for
judicial review.
These provisions tighten investigative protocols, ensuring that cases are built on
concrete evidence rather than conjecture.
---
Key Features of BNSS in Police Investigation
Fixed Time Frame for Investigation
BNSS mandates strict deadlines** for completing investigations:
- 90 days:For cases punishable with less than seven years imprisonment.
- 180 days: For serious offenses involving more than seven years of punishment.
This prevents prolonged delays and enhances efficiency by compelling police
officers to work within a predefined timeframe.
Reforming Arrest Procedures
To prevent arbitrary arrests and custodial abuses, BNSS introduces safeguards:
- Mandatory Documentation of Arrest:Police must record reasons for arrest and
notify the magistrate.
- Judicial Oversight: Courts oversee the legality of arrests to ensure compliance.
- Preventing Custodial Violence: Officers failing to follow legal arrest procedures
are subject to disciplinary action.
These measures align BNSS with global human rights standards in law enforcement.
Use of Technology in Investigation
Advancements in digital crime and forensic science necessitate the incorporation of
technology:
- Cyber Forensics: BNSS allows specialized forensic teams to analyze digital
footprints in cyber crimes.
- Electronic Surveillance: GPS and biometric tracking aid in identifying suspects.
AI-Assisted Crime Analysis: Data-driven investigations improve accuracy in
tracking criminal patterns.
Such technological provisions modernize the police investigative framework and
improve case resolution rates.
---
Challenges in Implementation
Despite its progressive reforms, BNSS faces multiple hurdles:
1. Police Resistance to Change: Officers accustomed to CrPC procedures may
struggle to adapt.
2. Training and Skill Development: Police forces require specialized training to
handle digital and forensic investigations.
3. Balancing Efficiency and Rights Protection: While speeding up investigations,
authorities must ensure procedural fairness and safeguard individual liberties.
Addressing these challenges necessitates police reform initiatives, including
refresher training programs and infrastructural enhancements.
Impact on Justice Delivery
BNSS aims to positively transform criminal justice by:
- Reducing Judicial Backlog: Time-bound investigations prevent indefinite trial
delays.
- Enhancing Transparency: Public access to case tracking increases legal
accountability.
- Strengthening Victim Protection Measures: Provisions safeguard complainants
against undue harassment.
By instilling greater procedural discipline, BNSS can restore trust in law
enforcement agencies and foster a justice system that functions efficiently while
upholding citizens’ rights.
---
Conclusion
The BNSS introduces critical reforms in police investigation procedures,
modernizing India’s criminal justice system. Through structured FIR registration,
defined investigative steps, integration of technology, and enhanced accountability
measures, BNSS aims to bridge gaps in law enforcement efficiency.
While implementation challenges remain, the long-term impact of BNSS in ensuring
faster case resolution, protecting human rights, and promoting transparency makes
it a landmark reform.
Efforts to train police forces, incorporate technological solutions, and enforce strict
procedural adherence will determine BNSS’s success in transforming criminal
justice investigations.
Bibliography
Books & Legal Texts
1. Chandrasekharan Pillai, K. N. (2018). Criminal Procedure Law in India.
LexisNexis.
2. Kelkar, R. V. (2022). Criminal Procedure. Eastern Book Company.
3. Ratanlal & Dhirajlal (2021). The Code of Criminal Procedure. LexisNexis.
Legislative Documents
4. Ministry of Home Affairs, Government of India (2023). The Bharatiya
Nagarik Suraksha Sanhita, 2023.
5. Government of India (1973). The Code of Criminal Procedure, 1973.
Case Laws & Judicial Precedents
6. D.K. Basu v. State of West Bengal (1997) 1 SCC 416 – Guidelines on arrest
procedures and custodial safeguards.
7. Lalita Kumari v. Govt. of U.P. (2013) 4 SCC 1 – Mandatory registration
of FIR in cognizable offenses.
8. State of Haryana v. Bhajan Lal (1992) AIR 604 – Landmark ruling on
police discretion in investigations.
Journal Articles & Research Papers
9. Nair, P. (2023). "Reforming Criminal Procedure in India: The Impact of BNSS
on Law Enforcement." Indian Journal of Legal Studies, Vol. 38(4), pp. 145–
160.
10.Singh, R. (2024). "The Role of Technology in Modern Police Investigations
under BNSS." Journal of Criminal Justice & Technology, Vol. 22(3), pp. 78–
95.
Online Resources
11.TaxGuru (2024). "Impact of BNSS on Police Procedures and Investigations."
Retrieved from: https://taxguru.in.
12.Legal School (2024). "Inquiry, Investigation, and Trial under BNSS."
Retrieved from: https://www.legalschool.in.
