CS Executive · Jurisprudence, Interpretation and General Laws · Laws relating to Crime and its Procedure
The officer in charge of a police station receives information about an offence and concludes under the proviso to Section 176(1) of the BNSS, 2023 that there is no sufficient ground for entering on an investigation. Which statement correctly describes his obligations under Section 176(2)?
He must state his reasons in the report, forward the daily diary report fortnightly to the Magistrate, and forthwith notify the informant, if any, in the manner prescribed by State Government rules. Section 176(2) imposes these duties specifically where there is no sufficient ground to investigate.
- AHe need only record the decision in his own diary, with no report required
- BHe must state the reasons in his report, forward the daily diary report fortnightly to the Magistrate, and notify the informant, if any, as prescribed by State rulesCorrect
- CHe must state the reasons in his report and forward the diary, but notifying the informant is required only in cases of minor offences
- DHe must investigate on the spot anyway and may close the case afterwards
Explanation
Under Section 176(2), in both proviso cases the officer states his reasons for not fully complying and forwards the daily diary report fortnightly to the Magistrate. In the clause (b) case (no sufficient ground) he must also forthwith notify the informant, if any, as prescribed by State rules. The option limiting notice to minor offences is wrong because the Sanhita contains no such limitation.
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