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CS Executive · Jurisprudence, Interpretation and General Laws · Laws relating to Crime and its Procedure

Under the Bharatiya Nagarik Suraksha Sanhita, 2023, an officer in charge of a police station has reason to suspect the commission of an offence which he is empowered to investigate. What is he required to do first, as per the procedure for investigation?

He must forthwith send a report of the suspected offence to a Magistrate empowered to take cognizance on a police report, and then proceed to the spot himself or depute a qualifying subordinate officer to investigate. No prior court permission is required.

  1. AWait for the Magistrate's order before taking any step
  2. BForthwith send a report of the offence to a Magistrate empowered to take cognizance upon a police report, and proceed or depute a subordinate officer to the spotCorrect
  3. CFile a charge-sheet before beginning any inquiry
  4. DRefer the matter to the High Court for permission to investigate

Explanation

Section 176(1) requires the officer in charge, on reasonable suspicion of an offence he can investigate, to forthwith report it to the competent Magistrate and to proceed in person or depute a subordinate to the spot to investigate. No prior Magistrate order or High Court permission is needed, and a charge-sheet comes only after investigation.

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