You have come back from the police station after giving your statement. The officer was polite. He typed something on his computer, asked you to sign three sheets, and said, "We will call you again". You walked out unsure of what just happened. Was that an investigation? Will the case ever go to court? Should you have asked questions before signing? You did not get a copy of anything.
This article maps out what happens between the FIR and the chargesheet, in plain words, under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). Investigation is the long stretch where the police gather evidence. The BNSS has tightened parts of this stage — forensic visits for serious offences, mandatory videography of searches, time limits, and a few new tools — and it pays to know what is now your right and what is now the police's duty.
What "Investigation" Actually Means
Under the law, "investigation" is a defined word. It covers all the steps the police take to collect evidence — visiting the spot, recording statements, seizing things, sending samples to forensic labs, examining the accused, and ending with a report to the magistrate. Whether the FIR is for a road accident or a serious offence, the structure is the same. The Supreme Court in H.N. Rishbud v. State of Delhi (1955) laid down five stages of investigation that the modern law still follows.
Once an FIR is registered, the officer in charge or a sub-inspector deputed by him takes the case forward. The accused is not a passive object during this period. The lawyer can write to the investigating officer, attend statements, ask for copies of seizure memos, and step in if rights are being ignored.
The BNSS Investigation Chapter at a Glance
The investigation chapter sits in Chapter 13 of the BNSS, sections 176 to 193. It corresponds to sections 156 to 173 of the old CrPC. The headings have moved but the system is recognisable.
- Section 176 BNSS — procedure for investigation; new sub-section on forensic visits.
- Section 180 BNSS — examination of witnesses by the police.
- Section 183 BNSS — recording of confessions and statements by a magistrate.
- Section 187 BNSS — custody when investigation cannot finish in 24 hours.
- Section 193 BNSS — the final report (chargesheet) of the police.
Two ideas run through the new chapter: technology (audio-video electronic means, electronic communication) and time discipline (forensic visits, fortnightly daily diary forwarding, ninety-day update to informant). Together they shift investigation from a paper-only routine to a digital, time-bound process.
Section 176 BNSS: How an Investigation Begins
Section 176 BNSS replaces Section 157 CrPC. Once the officer in charge has reason to suspect the commission of a cognizable offence, he records this and proceeds to investigate or sends a subordinate officer to do so. He also forwards a report to the magistrate who has jurisdiction.
The new clause (b) of sub-section (1) allows the officer to record statements at the spot, including by audio-video electronic means. The fortnightly forwarding of daily diary entries to the magistrate is now made explicit in sub-section (2). This is meant to keep the magistrate informed of progress, so the investigation is not a black box.
For an ordinary reader, the practical message is: if you are an informant, you can ask the SHO when the daily diary went to the magistrate. If you are an accused, your lawyer can inspect the diary entries in court. The system is designed to leave a paper trail.
Forensic Visits and Videography: The Big Change
The most striking change in BNSS sits in Section 176(3). For offences punishable with seven years of imprisonment or more, a forensic expert must visit the crime scene. He or she has to collect forensic evidence, and the process must be videographed by mobile phone or other electronic device. This is mandatory, not optional.
The aim is to make conviction rest on harder, scientific evidence rather than only oral statements. In rape cases, dowry deaths, murder, robbery, large frauds and other serious offences, the prosecution will now lead forensic findings as a routine matter. For an accused, this also means that any failure to videograph or to bring forensic experts can be a strong defence point if conviction depends only on bare oral evidence.
Connected to this, Section 105 BNSS mandates audio-video recording of search and seizure proceedings. The recording is sent to the magistrate with the recovery memo. So the process of search now creates its own video evidence. If an FIR has just been filed against you and search is likely, knowing about the recording right is useful — you can politely ask whether videography is being done, and note any deviations.
Section 180 BNSS: Statements to the Police
Section 180 BNSS is the new home of Section 161 CrPC. It allows the police to examine any person believed to be acquainted with the facts of the case. The witness is bound to answer truly all questions, except those whose answers would tend to expose him to a criminal charge or penalty.
The text has not been substantively changed. The proviso continues to permit recording statements by audio-video electronic means. Section 181 BNSS continues to say that statements recorded under Section 180 are not signed and are not admissible substantively at trial — they are used only for limited purposes such as contradicting a witness.
What practical sense does this make for the public? When the police call you for a "statement", they are exercising Section 180 BNSS. You are not the accused merely because you have been called. Speak truthfully, do not exaggerate, and ask politely for the time to leave once your statement is over. You are not required to sign a Section 180 statement; you are only required to sign acknowledgments such as Section 35(7) notices or seizure memos.
Statements of Women and Persons With Disability
BNSS continues the protections that earlier amendments had built into CrPC. Statements of a woman who is the victim of certain sexual offences must be recorded by a woman officer. Statements of persons who are mentally or physically disabled must be recorded with the help of an interpreter or a special educator, and must be videographed. The drafters chose to retain these safeguards.
For Section 183 BNSS (recording of confessions and statements by a magistrate, equivalent to old Section 164 CrPC), the proviso allows audio-video recording of any confession or statement of an accused person, in the presence of his or her advocate. Section 183 also expressly says that for a victim with disability, the magistrate's recording must be videographed and may serve as evidence-in-chief at trial.
If you are accompanying a vulnerable witness, you can insist on the woman officer or interpreter requirement before the statement begins. The investigating officer is bound to comply. A non-compliant statement loses its weight at trial.
Section 187 BNSS: The Custody Clock
Section 187 BNSS replaces Section 167 CrPC. It tells the magistrate what to do when a person has been arrested but the investigation cannot be completed within twenty-four hours. The magistrate can authorise detention, in such custody as he thinks fit, for fifteen days at a time. The total period of detention cannot exceed sixty days for offences punishable with up to ten years, or ninety days for graver offences.
BNSS adds an important clarification. Police custody up to fifteen days can now be ordered "in whole or in parts" during the first forty days (out of sixty) or first sixty days (out of ninety). The earlier rule under CBI v. Anupam J. Kulkarni (1992), which strictly limited police custody to the first fifteen days, has been adjusted by this new wording. This is a meaningful change for accused persons, because it allows police custody to be reopened beyond the first fifteen days within those windows. Your lawyer should be alive to it when defending against police-custody requests.
If the chargesheet is not filed within the sixty or ninety days, the accused is entitled to default bail. This right is indefeasible — once it accrues, it must be granted on application, even if the chargesheet is filed the next day, as held in M. Ravindran v. Intelligence Officer, DRI (2020).
Cyber and Electronic Evidence Under BNSS
BNSS has been written with a clear awareness that today's evidence is largely digital. Section 193 BNSS, which governs the final report, expressly requires the police to mention the "sequence of custody in the case of electronic devices". The chain of custody — who handled the phone, when, and how it was sealed — is now part of the chargesheet itself.
Sub-section (3)(ii) of Section 193 says the police officer shall, within ninety days, inform the progress of the investigation by any means including electronic communication to the informant or the victim. This is a fresh transparency duty. If you are a complainant who is being kept in the dark, this provision is your basis for asking for a written status update.
For online offences — UPI fraud, social media defamation, cyber stalking — investigation often crosses state lines. BNSS's facility for electronic communication helps, but local police capacity remains the practical bottleneck. The legal position, however, has moved firmly in favour of digital, time-bound investigation.
What Should I Actually Do Now?
- If you are an informant, ask the police for the FIR copy under Section 173 BNSS, and then track the daily diary entries through your lawyer.
- For a serious offence, check whether the forensic expert visited the spot. If not, get this on record through a written representation.
- If a search is being conducted at your home, ask politely whether videography under Section 105 BNSS is being done.
- If called for a Section 180 BNSS statement, attend. Speak truthfully. Carry an ID, do not carry "extra papers".
- If you accompany a woman victim, insist on a woman officer for sexual-offence statements.
- For a person with disability, ensure an interpreter or special educator is present and the statement is videographed.
- Track the custody clock under Section 187 BNSS. Note the date of arrest carefully.
- If sixty or ninety days expire without a chargesheet, apply for default bail at once. It is your right, not a favour.
- Ask for the ninety-day investigation progress update under Section 193(3)(ii) if you are an informant.
- Keep all paperwork, recovery memos, seizure lists and notice copies in a single folder. They are the spine of your case at trial.
A Calmer Way to See the Investigation Stage
Investigation under BNSS is more disciplined than its CrPC ancestor. Forensic experts on the spot, videographed searches, fortnightly diary forwarding, ninety-day progress updates, and a custody clock with a clear default-bail rule — all of this is designed to make investigation more transparent. For ordinary people the practical takeaway is simple: the law now arms you with checks. Use them. Ask for paperwork. Note dates. Insist on procedure.
If you sense the investigation is being slowed down, mishandled, or pushed in a direction that feels unfair, do not wait. Speak to a lawyer. The Pinaka Legal team in Delhi advises both informants and accused persons through every stage of investigation, and the contact details are at the top and the bottom of this page.
Frequently Asked Questions
What sections of BNSS govern police investigation?
Police investigation is covered in Sections 176 to 193 of the BNSS, in Chapter 13. They replace Sections 156 to 173 of the old CrPC. Section 176 BNSS sets out the procedure for investigation, Section 180 deals with statements of witnesses, Section 187 with custody and chargesheet timelines, and Section 193 with the final police report. Section 105 governs videography of search and seizure.
Is forensic visit now mandatory under BNSS?
Yes, for serious offences. Section 176(3) BNSS makes it mandatory for forensic experts to visit the crime scene for offences punishable with seven years or more. They must collect evidence and the process must be videographed. This is a notable departure from the old CrPC, which did not insist on forensic visits in this way. Failure to comply can be raised as a defence point at trial.
Is videography of search and seizure compulsory under BNSS?
Yes. Section 105 BNSS requires recording of search and seizure proceedings through audio-video electronic means. This protects both the police and the accused — it prevents disputes about what was found, in whose presence, and in what condition. The video forms part of the investigation record sent to the magistrate. If videography is not done, the recovery loses much of its evidentiary value.
What is Section 180 BNSS about witness statements?
Section 180 BNSS replaces Section 161 CrPC. It allows the police to examine any witness during investigation. The witness is bound to answer truly except where the answer would expose him to a criminal charge. The proviso allows audio-video recording of statements. Statements of women victims of certain offences must be recorded by a woman officer. The earlier safeguards continue under BNSS.
What is the time limit for completing an investigation under BNSS?
Section 187 BNSS sets the outer limit on detention during investigation: sixty days for offences punishable with up to ten years, and ninety days for graver offences. If the chargesheet is not filed within this period, the accused is entitled to default bail. Section 193 expects the report to be filed as soon as possible, with informant updates within ninety days through electronic communication.
Can police custody be ordered after the first fifteen days under BNSS?
Yes. Section 187 BNSS now expressly allows police custody, in whole or in parts, within the first forty days (where total custody is sixty) or the first sixty days (where total is ninety). This adjusts the older rule from CBI v. Anupam Kulkarni. Each police-custody request still needs strong reasons and the accused must be produced before the magistrate every time.
Do I have to sign a statement recorded under Section 180 BNSS?
No. Section 181 BNSS continues the rule that statements recorded by the police under Section 180 are not signed by the witness. They are used at trial only for limited purposes, mainly to contradict a witness who deviates from the earlier statement. The investigating officer should not insist on a signature on the body of the Section 180 statement itself.
Can statements of an accused be videographed under BNSS?
Yes. Section 183 BNSS, which replaces Section 164 CrPC, allows recording of confessions and statements of an accused by audio-video electronic means in the presence of his advocate. For victims with mental or physical disability, the proviso requires videography and the statement may serve as evidence-in-chief at trial, with cross-examination on the same record.
How do I know if the police are investigating my complaint?
Under Section 193(3)(ii) BNSS, the investigating officer must, within ninety days, inform the progress of investigation to the informant or victim by any means including electronic communication. So you can write to the SHO citing this provision and ask for the status. If no response comes, you have grounds to escalate to the SP and then to the magistrate.
Where can I get help with a BNSS investigation issue in Delhi?
You can speak to the Pinaka Legal criminal team. Our office in Delhi handles BNSS investigation issues every week, both for informants who are being ignored and for accused persons whose rights are being trampled. The first consultation is free and confidential. Phone, email and the office address are listed at the top and bottom of this page.
For more articles on Indian law, visit the Pinaka Legal Blog.