CS Executive · Jurisprudence, Interpretation and General Laws · Laws relating to Crime and its Procedure
A police officer receives information naming a person for an offence that is not of a serious nature and decides not to go to the spot. Under section 176 of the BNSS, 2023, what must he do?
He must state in his report the reasons for not fully complying with the requirement to proceed to the spot, and forward the daily diary report fortnightly to the Magistrate. Informant notification applies separately where he declines to investigate for insufficient ground.
- ANothing further, as no duty arises
- BState in his report the reasons for not fully complying and forward the daily diary report fortnightly to the MagistrateCorrect
- CObtain written consent from the accused
- DForward the daily diary report weekly to the High Court
Explanation
Section 176(2) requires that where the officer relies on the first proviso, clause (a) (named person, non-serious case), he must state in his report the reasons for not fully complying and forward the daily diary report fortnightly to the Magistrate. Notifying the informant is additionally required only in the clause (b) case of insufficient ground.
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