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Section 188 BNSS: Report of Investigation by Subordinate Police Officer
Updated 11 October 2026 · Fact-checked
Section 188 of the Bharatiya Nagarik Suraksha Sanhita, 2023 says that when a subordinate police officer has made an investigation under the Chapter, he must report the result to the officer in charge of the police station. It is an internal reporting duty. The station officer then deals with the Magistrate report under Section 193.
Understand Report of Investigation by Subordinate Police Officer (Section 188 BNSS)
An investigation is often not done by the station house officer personally. Under Section 176, the officer in charge of a police station may either go to the spot himself or depute a subordinate officer of the prescribed rank. Section 55 also lets him require a subordinate to arrest without warrant, by a written order.
This creates a gap. The person who investigated is not the person who answers to the Magistrate. Section 188 closes that gap. When a subordinate police officer has made an investigation under this Chapter, he must report the result of it to the officer in charge of the police station.
The section is short, and it does only one thing. It makes the subordinate report upward, to the station officer. It does not name the Magistrate, set a deadline, or prescribe contents. Do not add those details when you write the answer.
The formal report to the Magistrate is a different step. Under Section 193(3), as soon as the investigation is completed, the officer in charge of the police station forwards a report to the Magistrate empowered to take cognizance on a police report. This report states the names of the parties, the nature of the information, the names of persons who appear to be acquainted with the circumstances, whether any offence appears to have been committed and by whom, whether the accused has been arrested, and more. It also includes the sequence of custody in case of an electronic device, which matters in cyber crime cases.
So the chain is: information received, station officer acts under Section 176 (personally or through a subordinate), subordinate reports to the station officer under Section 188, and the station officer reports to the Magistrate under Section 193. For cyber crime, the subordinate's report is where digital evidence handling is first recorded, so a clear report helps the later Section 193 report.
Key rules to remember
- Section 188 rule
- Subordinate police officer who made an investigation → reports the result → to the officer in charge of the police station
- This is the whole section. The report goes to the station officer, not directly to the Magistrate.
- Section 176(1) link
- Officer in charge may proceed in person OR depute a subordinate officer (of prescribed rank) to investigate
- Section 188 applies when the investigation was done by a subordinate.
- Section 193(3) link
- On completion → officer in charge forwards report to Magistrate empowered to take cognizance on a police report
- This may be sent including through electronic communication. The form is as State Government rules provide.
- Section 193(1) and (2) timelines
- Investigation completed without unnecessary delay; offences under BNS sections 64, 65, 66, 67, 68, 70, 71 and POCSO sections 4, 6, 8, 10 within two months from the date information was recorded
- The two-month limit applies only to those listed offences. Section 188 itself fixes no time.
- Section 193(3)(ii) progress update
- Within ninety days, police officer informs progress of investigation to informant or victim
- May be by any means including electronic communication.
How to solve Report of Investigation by Subordinate Police Officer (Section 188 BNSS) questions
Use this method for any question on who reports to whom after an investigation, in a cyber crime or other case.
- 1Identify who actually carried out the investigation: the officer in charge of the police station or a subordinate.
- 2If a subordinate, state that Section 176 allows the station officer to depute a subordinate of the prescribed rank.
- 3Apply Section 188: the subordinate must report the result of the investigation to the officer in charge of the police station.
- 4Say what happens next: on completion, the officer in charge forwards the report to the Magistrate under Section 193(3).
- 5Add the relevant Section 193 points the facts call for, such as the two-month limit, the ninety-day progress update, the sequence of custody for electronic devices, or further investigation.
- 6Conclude clearly: state whether the officer complied with Section 188 and what he should do now.
Quickest way: Three-link chain method
When to use it: When time is short and the question asks who reports to whom.
- Write the chain: Section 176 (investigate) → Section 188 (subordinate to station officer) → Section 193 (station officer to Magistrate).
- Match the facts to the link that is missing or wrong.
- Write the one-line rule for that link and apply it to the facts in two or three sentences.
- Close with a conclusion and one practical compliance point, such as keeping a record of the custody of the electronic device.
Common mistakes in Report of Investigation by Subordinate Police Officer (Section 188 BNSS)
Saying Section 188 requires the subordinate to report to the Magistrate.
Students mix it with Section 193, which is the Magistrate report.
Fix: Remember that Section 188 is internal: the report goes to the officer in charge of the police station. Section 193 is the one that goes to the Magistrate.
Adding a time limit to Section 188.
Students carry the two-month period from Section 193(2) across.
Fix: Section 188 has no time limit. Use the two-month rule only for the offences listed in Section 193(2).
Writing that the superior officer under Section 177 receives the Section 188 report.
The word 'superior' appears in both topics.
Fix: Section 177 concerns reports sent to a Magistrate under Section 176, which may go through a superior officer if the State Government directs. Section 188 names only the officer in charge of the police station.
Treating Section 188 as applicable to every police officer, including the station officer.
Students read it as a general reporting rule.
Fix: It applies when a subordinate police officer has made the investigation. A station officer who investigates himself has no one to report to under this section.
Listing the contents of the report under Section 188.
Students recall the list in Section 193(3) and apply it to the subordinate's report.
Fix: Section 188 prescribes no contents. The listed items belong to the Section 193(3) report to the Magistrate.
Ignoring the electronic device point in cyber crime questions.
Students focus on the reporting chain only.
Fix: Mention that the Section 193(3) report must include the sequence of custody in case of an electronic device, so the subordinate's report should record how devices were seized and held.
Worked examples
Example 1
A sub-inspector, deputed by the station house officer of a cyber police station in Pune, investigates a complaint of online financial fraud and seizes the accused's laptop. He sends his findings straight to the Magistrate and keeps nothing for the station officer. Examine whether he has followed the law.
Show the solution
- Provision: Section 176 lets the officer in charge depute a subordinate officer to investigate. Section 188 then requires that subordinate to report the result to the officer in charge of the police station.
- Analysis: The sub-inspector is a subordinate who made the investigation. His duty was to report to the station house officer. He bypassed him.
- Further, the Magistrate report is made by the officer in charge under Section 193(3) on completion of the investigation, not by the subordinate.
- Practical point: that report must state, among other things, the sequence of custody of the laptop, so the station officer needs the subordinate's record of the seizure.
- Conclusion: The sub-inspector has not complied with Section 188.
Answer: No. Under Section 188 he should have reported the result to the officer in charge of the police station. The officer in charge then forwards the Section 193(3) report, including the sequence of custody of the laptop, to the Magistrate.
Example 2
Rohan lodges a complaint of an offence under section 64 of the Bharatiya Nyaya Sanhita, 2023. A subordinate officer investigates. State the reporting steps and the time limit that apply.
Show the solution
- Provision: Section 188 requires the subordinate officer to report the result of his investigation to the officer in charge of the police station.
- Next link: On completion, the officer in charge forwards the report to the Magistrate under Section 193(3).
- Time limit: Section 193(2) covers offences under section 64 of the BNS. Investigation must be completed within two months from the date the information was recorded by the officer in charge.
- Additional point: The report to the Magistrate must also state whether the report of medical examination of the woman has been attached, as Section 193(3)(i)(h) provides for offences under section 64.
- Progress: Under Section 193(3)(ii), the police officer must inform the informant or victim of progress within ninety days, including by electronic communication.
- Conclusion: Chain is subordinate to station officer to Magistrate, within two months.
Answer: The subordinate reports to the officer in charge under Section 188. The officer in charge forwards the Section 193(3) report to the Magistrate, with the medical examination report attached. The investigation must be completed within two months from the date the information was recorded.
Exam tips
- Draw the three-link chain (Sections 176, 188, 193) first. It earns marks for structure and shows you know where Section 188 sits.
- Quote Section 188 almost word for word: subordinate police officer, investigation, report the result, officer in charge of the police station.
- Do not invent contents or time limits for Section 188. Keep those for Section 193.
- In cyber crime case questions, add the sequence of custody for electronic devices from Section 193(3).
- End with a clear conclusion on compliance, as case-based answers need provision, analysis and conclusion.
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Report of Investigation by Subordinate Police Officer (Section 188 BNSS): frequently asked questions
What does Section 188 of the BNSS say?
It says that when a subordinate police officer has made any investigation under the Chapter, he shall report the result of the investigation to the officer in charge of the police station. It is a short internal reporting rule.
Does the subordinate officer send the report to the Magistrate under Section 188?
No. The subordinate reports to the officer in charge of the police station. The report to the Magistrate is forwarded by the officer in charge under Section 193(3) once the investigation is completed.
Is there a time limit for the report under Section 188?
Section 188 states none. Section 193 separately requires investigation to be completed without unnecessary delay, and within two months for certain listed offences.
How is Section 188 different from Section 193?
Section 188 is the subordinate's report to the station officer. Section 193 is the station officer's report to the Magistrate, with prescribed particulars, documents and statements, and rules for further investigation.