HANDBOOK

for
OCs & ICs
on
BNSS 2023

Compiled by

SWAMI VIVEKANANDA STATE POLICE ACADEMY

BARRACKPORE, WEST BENGAL
(Restricted Circulation)
Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS),
which has replaced CrPC has introduced several
significant changes in the criminal procedure
related to investigation, inquiry and trial. Some of
the most significant changes include :

(i) Prior permission of DySP rank officer for

effecting arrest in case of offence punishable
with imprisonment of less than 03 years or is
infirm or is above 60 years of age. [BNSS Sec.
35(7)] Designating an officer of the rank of ASI
or above for maintaining information
regarding arrests. [BNSS Sec. 37 (b)]
(ii) Use of handcuff allowed in certain cases.
[BNSS Sec. 43 (3)]
(iii) Provision of medical examination of accused
on the request of police officer of any rank
u/s 51 BNSS.
(iv) Electronic service of summons [BNSS Sec.
64]
(v) Provision to attach immovable property
involved in a case [BNSS Sec. 107]
(vi) Mandatory recording of all search and seizure
by audio-video electronic means. [(BNSS Sec.
105]
(vii) Mandatory registration of FIR by officer-in-
charge on receipt of complaint irrespective of
jurisdiction. [BNSS Sec. 173(1)]
(viii) Power to issue lawful directions under section
172 to prevent cognizable offences
(ix) Provision of preliminary enquiry in offences
punishable between 03 to 07 years of
imprisonment. Prior approval of DySP rank
officer is required. [BNSS Sec. 173 (3)]
(x) Registration of FIR based upon complaint
received through electronic means provided it
 is signed by the complainant within 03 days
[BNSS Sec. 173 (1)]
(xi) Visit of Forensic Experts to scene of crime in
offences punishable with more than 07 years
is mandatory [s. 176(3) BNSS]. This provision
will be operationalized by way of a notification
by the State Govt. within 05 years of BNSS
coming into force i.e. by 01.07.2029.
(xii) 15 days Police custody permissible anytime
in first 40 or 60 days of arrest in a case triable
by Magistrate or Sessions Court respectively
[BNSS Sec. 187 (2)]
(xiii) Progress of investigation to be informed to the
informant or the victim within 90 days [BNSS
Sec. 190 (3) (ii)]
(xiv) Charge-sheet to include a sequence of
custody for electronic device [BNSS Sec.
193(3)(i)]
(xv) Further investigation to be completed within
90 days [BNSS Sec. 193 (9)]
(xvi) Provision to forward report in UD case to
DM/SDM in 24 hours. [s. 194 BNSS]
(xvii) Victim also entitled to receive charge-
sheet/Final report and all annexures [S. 230
and 261 BNSS]
(xviii) Fixing of timelines for speedy trial and
provision for in-absentia trial against
absconder[BNSS Sec. 356]
(xix) Introduction of Witness Protection Scheme
u/s 398 BNSS.
(xx) Quick disposal of property after preparation
of list and photography/videography by the
Magistrate [BNSS Sec. 497 ]
(xxi) BNSS prescribes specific timelines for
different aspects of investigation and trial in
order to ensure speedy justice.
 In the following text, changes made in B.N.S.S.
2023 have been highlighted in bold and new
insertions are in bold. For the sake of brevity, entire
sections have not been reproduced. “xxxx” wherever
it appears in this handbook indicates missing part
of a section which may be seen in the original
Sanhita :

1. ARREST OF PERSONS & POLICE CUSTODY-

(Section 35, 37,40, 43, 50, 51 & 54 BNSS):

Section 35. xxxx

(7) No arrest shall be made without prior
permission of the officer not below the rank of
Deputy Superintendent of Police in case of an
offence which is punishable for imprisonment of
less than three years and such person is infirm
or is above sixty years of age.
Section 37. xxxx
The State Government shall—
(b) designate a police officer in every district
and in every police station, not below the rank
of Assistant Sub-Inspector of Police who shall be
responsible for maintaining the information
about the names and addresses of the persons
arrested, nature of the offence with which
charged, which shall be prominently displayed
in any manner including in digital mode in every
police station and at the district headquarters.
Section 40. (1) Any private person may arrest or
cause to be arrested any person who in his presence
commits a non-bailable and cognizable offence, or
any proclaimed offender, and, without unnecessary
delay, but within six hours from such arrest, shall
make over or cause to be made over any person so
arrested to a police officer, or, in the absence of a
police officer, take such person or cause him to be
taken in custody to the nearest police station.
Section 43. xxxx
(3) The police officer may, keeping in view the
nature and gravity of the offence, use handcuff
while making the arrest of a person or while
producing such person before the court who is a
habitual or repeat offender, or who escaped from
custody, or who has committed offence of
organised crime, terrorist act, drug related
crime, or illegal possession of arms and
ammunition, murder, rape, acid attack,
counterfeiting of coins and currency-notes,
human trafficking, sexual offence against
children, or offence against the State.
xxxx
(5) Save in exceptional circumstances, no woman
shall be arrested after sunset and before sunrise,
and where such exceptional circumstances exist,
the woman police officer shall, by making a written
report, obtain the prior permission of the Magistrate
of the first class within whose local jurisdiction the
offence is committed or the arrest is to be made.
Section 50. Power to seize offensive weapons.
The police officer or other person making any
arrest under this Sanhita may, immediately after
the arrest is made, take from the person arrested
any offensive weapons which he has about his
person, and shall deliver all weapons so taken to
the Court or officer before which or whom the
officer or person making the arrest is required by
this Sanhita to produce the person arrested.

Section 51. Examination of accused by medical

practitioner at request of police officer.
xxxx
(3) The registered medical practitioner shall,
without any delay, forward the examination
report to the investigating officer.
(b) "registered medical practitioner" means a
medical practitioner who possesses any medical
qualification recognised under the National
Medical Commission Act, 2019 and whose name
has been entered in the National Medical
Register or a State Medical Register under that
Act.
53. (1) When any person is arrested, he shall be
examined by a medical officer in the service of the
Central Government or a State Government, and in
case the medical officer is not available, by a
registered medical practitioner soon after the arrest
is made:
Provided that if the medical officer or the
registered medical practitioner is of the opinion
that one more examination of such person is
necessary, he may do so:
Provided further that where the arrested person is
a female, the examination of the body shall be made
only by or under the supervision of a female medical
officer, and in case the female medical officer is not
available, by a female registered medical
practitioner.

Section 54. Identification of person arrested

xxxx
Provided that, if the person identifying the person
arrested is mentally or physically disabled, such
process of identification shall take place under the
supervision of a Judicial Magistrate who shall take
appropriate steps to ensure that such person
identifies the person arrested using methods that
person is comfortable with and the identification
process shall be recorded by any audio-video
electronic means.

2. PROCESSES TO COMPEL APPEARANCE-

(Section 63- 65, 70, 71, 82, 83 & 86 BNSS):
Section 63. Every summons issued by a Court
under this Sanhita shall be—
xxxx
(ii) in an encrypted or any other form of
electronic communication and shall bear the
image of the seal of the Court or digital
signature.
Section 64. (1) Every summons shall be served by
a police officer, or subject to such rules as the State
Government may make in this behalf, by an officer
of the Court issuing it or other public servant:
Provided that the police station or the registrar
in the Court shall maintain a register to enter
the address, email address, phone number and
such other details as State Government may, by
rules, provide.
(2) The summons shall, if practicable, be served
personally on the person summoned, by
delivering or tendering to him one of the
duplicates of the summons:
Provided that summons bearing the image of
Court's seal may also be served by electronic
communication in such form and in such
manner, as the State Government may, by rules,
provide.
Section 65. (1) Service of a summons on a
company or corporation may be effected by serving
it on the Director, Manager, Secretary or other
officer of the company or corporation, or by letter
sent by registered post addressed to the Director,
Manager, Secretary or other officer of the
company or corporation in India, in which case the
service shall be deemed to have been effected when
the letter would arrive in ordinary course of post.
Explanation.—In this section, "company" means a
body corporate and "corporation" means an
incorporated company or other body corporate
registered under the Companies Act, 2013(18 of
2013) or a society registered under the Societies
Registration Act, 1860 (21 of 1860).
(2) Service of a summons on a firm or other
association of individuals may be effected by
serving it on any partner of such firm or
association, or by letter sent by registered post
addressed to such partner, in which case the
service shall be deemed to have been effected
when the letter would arrive in ordinary course
of post.
Section 66. Where the person summoned cannot,
by the exercise of due diligence, be found, the
summons may be served by leaving one of the
duplicates for him with some adult member of his
family residing with him, and the person with
whom the summons is so left shall, if so required
by the serving officer, sign a receipt therefor on the
back of the other duplicate.

Explanation.—A servant is not a member of the

family within the meaning of this section.

Section 70. xxxx

(3) All summons served through electronic
communication under sections 64 to 71 (both
inclusive) shall be considered as duly served and
a copy of such electronic summons shall be
attested and kept as a proof of service of
summons.
Section 71. (1) Notwithstanding anything
contained in the preceding sections of this Chapter,
a Court issuing a summons to a witness may, in
addition to and simultaneously with the issue of
such summons, direct a copy of the summons to be
served by electronic communication or by
registered post addressed to the witness at the place
where he ordinarily resides or carries on business
or personally works for gain:
(2) When an acknowledgement purporting to be
signed by the witness or an endorsement
purporting to be made by a postal employee that the
witness refused to take delivery of the summons
has been received or on the proof of delivery of
summons under sub-section (3) of section 70 by
electronic communication to the satisfaction of
the Court, the Court issuing summons may deem
that the summons had been duly served.
Section 82. xxxx
(2) On the arrest of any person referred to in sub-
section (1), the police officer shall forthwith give
the information regarding such arrest and the
place where the arrested person is being held to
the designated police officer in the district and
to such officer of another district where the
arrested person normally resides.
Section 84. (4) Where a proclamation published
under sub-section (1) is in respect of a person
accused of an offence which is made punishable
with imprisonment of ten years or more, or
imprisonment for life or with death under the
Bharatiya Nyaya Sanhita, 2023 or under any
other law for the time being in force, and such
person fails to appear at the specified place and
time required by the proclamation, the Court may,
after making such inquiry as it thinks fit,
pronounce him a proclaimed offender and make a
declaration to that effect.
SECTION 86. The Court may, on the written
request from a police officer not below the rank
of the Superintendent of Police or
Commissioner of Police, initiate the process of
 requesting assistance from a Court or an
authority in the contracting State for
identification, attachment and forfeiture of
property belonging to a proclaimed person in
accordance with the procedure provided in
Chapter VIII.

3. PRODUCTION OF DOCUMENTS:
Section 94. (1) Whenever any Court or any officer in
charge of a police station considers that the production
of any document, electronic communication,
including communication devices which is likely to
contain digital evidence or other thing is necessary
or desirable for the purposes of any investigation,
inquiry, trial or other proceeding under this Sanhita by
or before such Court may issue a summon or such
officer may order, either in physical form or in
electronic form, require the person in whose
possession or power such document or thing is
believed to be, to attend and produce it, or to produce
it, at the time and place stated in the summons or
order.
(3) Nothing in this section shall be deemed—
(a) to affect sections 129 and 130 of the Bharatiya
Sakshya Adhiniyam, 2023 or the Bankers' Books
Evidence Act, 1891; or
(b) to apply to a letter, postcard, or other document
or any parcel or thing in the custody of the postal
authority.
4. SEARCH AND SEIZURE: (Section 94 & 105)
105. The process of conducting search of a place
or taking possession of any property, article or
thing under this Chapter or under section 185,
including preparation of the list of all things
seized in the course of such search and seizure
and signing of such list by witnesses, shall be
recorded through any audio-video electronic
means preferably mobile phone and the police
officer shall without delay forward such
recording to the District Magistrate, Sub-
divisional Magistrate or Judicial Magistrate of
the first class.

5. ATTACHMENT OF PROPERTY- (Section 107):

(1) Where a police officer making an
investigation has reason to believe that any
property is derived or obtained, directly or
indirectly, as a result of a criminal activity or
from the commission of any offence, he may,
with the approval of the Superintendent of
Police or Commissioner of Police, make an
application to the Court or the Magistrate
exercising jurisdiction to take cognizance of the
offence or commit for trial or try the case, for
the attachment of such property.
(2) If the Court or the Magistrate has reasons to
believe, whether before or after taking evidence,
that all or any of such properties are proceeds of
crime, the Court or the Magistrate may issue a
notice upon such person calling upon him to
show cause within a period of fourteen days as
to why an order of attachment shall not be
made.
(3) Where the notice issued to any person under
sub-section (2) specifies any property as being
held by any other person on behalf of such
person, a copy of the notice shall also be served
upon such other person.
(4) The Court or the Magistrate may, after
considering the explanation, if any, to the show-
cause notice issued under sub-section (2) and
the material fact available before such Court or
Magistrate and after giving a reasonable
opportunity of being heard to such person or
persons, may pass an order of attachment, in
respect of those properties which are found to
be the proceeds of crime:
Provided that if such person does not appear
before the Court or the Magistrate or represent
his case before the Court or Judicial Magistrate
within a period of fourteen days specified in the
show-cause notice, the Court or the Magistrate
may proceed to pass the ex-parte order.
(5) Notwithstanding anything contained in sub-
section (2), if the Court or the Magistrate is of
the opinion that issuance of notice under the
said sub-section would defeat the object of
attachment or seizure, the Court or Magistrate
may by an interim order passed ex-parte direct
attachment or seizure of such property, and
such order shall remain in force till an order
under sub-section (6) is passed.
(6) If the Court or the Magistrate finds the
attached or seized properties to be the proceeds
of crime, the Court or the Magistrate shall by
order direct the District Magistrate to rateably
distribute such proceeds of crime to the persons
who are affected by such crime.
(7) On receipt of an order passed under sub-
section (6), the District Magistrate shall, within
a period of sixty days distribute the proceeds of
crime either by himself or authorise any officer
subordinate to him to effect such distribution.
(8) If there are no claimants to receive such
proceeds or no claimant is ascertainable or there
is any surplus after satisfying the claimants,
such proceeds of crime shall stand forfeited to
the Government.

6. PREVENTIVE ACTION OF POLICE-

(Section 172 BNSS):

(1) All persons shall be bound to conform to the

lawful directions of a police
officer given in fulfilment of any of his duty
under this Chapter.
(2) A police officer may detain or remove any
person resisting, refusing, ignoring or
disregarding to conform to any direction given
by him under sub-section (1) and may either
take such person before a Magistrate or, in petty
cases, release him as soon as possible within a
period of twenty-four hours.
7. FIR & PRELIMINARY ENQUIRY- (Section 173):

173. (1) Every information relating to the

commission of a cognizable offence, irrespective of
the area where the offence is committed, may be
given orally or by electronic communication to an
officer in charge of a police station, and if given—
(i) orally, it shall be reduced to writing by him or
under his direction, and be read over to the
informant; and every such information, whether
given in writing or reduced to writing as aforesaid,
shall be signed by the person giving it;
(ii) by electronic communication, it shall be
taken on record by him on being signed within
three days by the person giving it,
(2) A copy of the information as recorded under sub-
section (1) shall be given forthwith, free of cost, to
the informant or the victim.
Provided that if the information is given by the
woman against whom an offence under section 64,
section 65, section 66, section 67, section 68,
section 69, section 70, section 71, section 74,
section 75, section 76, section 77, section 78,
section 79 or section 124 of the Bharatiya Nyaya
Sanhita, 2023 is alleged to have been committed or
attempted, then such information shall be
recorded, by a woman police officer or any woman
officer:
Provided further that—
(a) in the event that the person against whom an
offence under section 64, section 65, section 66,
section 67, section 68, section 69, section 70,
section 71, section 74, section 75, section 76,
section 77, section 78, section 79 or section 124 of
the Bharatiya Nyaya Sanhita, 2023 is alleged to
have been committed or attempted, is temporarily
or permanently mentally or physically disabled,
then such information
shall be recorded by a police officer, at the residence
of the person seeking to report such offence or at a
convenient place of such person's choice, in the
presence of an interpreter or a special educator, as
the case may be;
(b) the recording of such information shall be
videographed;
(c) the police officer shall get the statement of the
person recorded by a Magistrate under clause (a) of
sub-section (6) of section 183 as soon as possible.
(2) A copy of the information as recorded under sub-
section (1) shall be given forthwith, free of cost, to
the informant or the victim
(3) Without prejudice to the provisions
contained in section 175, on receipt of
information relating to the commission of any
cognizable offence, which is made punishable
for three years or more but less than seven
years, the officer in-charge of the police station
may with the prior permission from an officer
not below the rank of Deputy Superintendent of
Police, considering the nature and gravity of the
offence,—
(i) proceed to conduct preliminary enquiry to
ascertain whether there exists a prima facie case
for proceeding in the matter within a period of
fourteen days; or
(ii) proceed with investigation when there
exists a prima facie case.
(4) Any person aggrieved by a refusal on the part of
an officer in charge of a police station to record the
information referred to in sub-section (1), may send
the substance of such information, in writing and
by post, to the Superintendent of Police concerned
who, if satisfied that such information discloses the
commission of a cognizable offence, shall either
investigate the case himself or direct an
investigation to be made by any police officer
subordinate to him, in the manner provided by this
Sanhita, and such officer shall have all the powers
of an officer in charge of the police station in
relation to that offence failing which such
aggrieved person may make an application
under sub-section (3) of section 175 to the
Magistrate.
8. NON-COGNIZABLE CASES- (SECTION 174):
(1) When information is given to an officer in
charge of a police station of the commission within
the limits of such station of a non-cognizable
offence, he shall enter or cause to be entered the
substance of the information in a book to be kept
by such officer in such form as the State
Government may by rules prescribe in this behalf,
and,—
(i) refer the informant to the Magistrate;
(ii) forward the daily diary report of all such
cases fortnightly to the Magistrate.
9. POWER TO INVESTIGATE COGNIZABLE
OFFENCES AND MAGISTRTE’S POWER TO
ORDER INVESTIGATION- (SECTION 175):
(1) Any officer in charge of a police station may,
without the order of a Magistrate, investigate any
cognizable case which a Court having jurisdiction
over the local area within the limits of such station
would have power to inquire into or try under the
provisions of Chapter XIV:
Provided that considering the nature and
gravity of the offence, the Superintendent of
Police may require the Deputy Superintendent
of Police to investigate the offence.
(3) Any Magistrate empowered under section
210 may, after considering the application
supported by an affidavit made under sub-
section (4) of section 173, and after making such
inquiry as he thinks necessary and submission
made in this regard by the police officer, order
such an investigation as above-mentioned.
(4) Any Magistrate empowered under section
210, may upon receiving a complaint against a
public servant arising in course of the discharge
of his official duties, order investigation, subject
to—
(a) receiving a report containing facts and
circumstances of the incident from the officer
superior to him; and
(b) after consideration of the assertions made by
the public servant as to the situation that led to
the incident so alleged.
10. PROCEDURE FOR INVESTIGATION-
(SECTION 176):
xxxx
(1) (b)
(b) if it appears to the officer in charge of a police
station that there is no sufficient ground for
entering on an investigation, he shall not
investigate the case:
Provided further that in relation to an offence of
rape, the recording of statement of the victim shall
be conducted at the residence of the victim or in the
place of her choice and as far as practicable by a
woman police officer in the presence of her parents
or guardian or near relatives or social worker of the
locality and such statement may also be recorded
through any audio-video electronic means
including mobile phone.
(2) In each of the cases mentioned in clauses (a) and
(b) of the first proviso to sub-section (1), the officer
in charge of the police station shall state in his
report the reasons for not fully complying with the
requirements of that sub-section by him, and,
forward the daily diary report fortnightly to the
Magistrate and in the case mentioned in clause (b)
of the said proviso, the officer shall also forthwith
notify to the informant, if any, in such manner as
may be prescribed by rules made by the State
Government.
(3) On receipt of every information relating to
the commission of an offence which is made
punishable for seven years or more, the officer
in charge of a police station shall, from such
date, as may be notified within a period of five
years by the State Government in this regard,
cause the forensics expert to visit the crimes
scene to collect forensic evidence in the offence
and also cause videography of the process on
mobile phone or any other electronic device:
Provided that where forensics facility is not
available in respect of any such offence, the
State Government shall, until the facility in
respect of that matter is developed or made in
the State, notify the utilisation of such facility
of any other State.

11. POWER TO REQUIRE ATTENDANCE OF

WITNESSES- (SECTION 179): (1) Any police officer
making an investigation under this Chapter may,
by order in writing, require the attendance before
himself of any person being within the limits of his
own or any adjoining station who, from the
information given or otherwise, appears to be
acquainted with the facts and circumstances of the
case; and such person shall attend as so required:
Provided that no male person under the age of
fifteen years or above the age of sixty years or a
woman or a mentally or physically disabled person
or a person with acute illness shall be required to
attend at any place other than the place in which
such person resides:
Provided further that if such person is willing to
attend the police station such person may be
permitted so to do.
(2) The State Government may, by rules made in
this behalf, provide for the payment by the police
officer of the reasonable expenses of every person,
attending under sub-section (1) at any place other
than his residence.
12. RECORDING OF CONFESSIONS AND
STATEMENTS BY MAGISTRATE- (SECTION183):
(1) Any Magistrate of the District in which the
information about commission of any offence
has been registered, may, whether or not he has
jurisdiction in the case, record any confession or
statement made to him in the course of an
investigation under this Chapter or under any other
law for the time being in force, or at any time
afterwards but before the commencement of the
inquiry or trial:
xxxx
(6) (a) In cases punishable under section 64,
section 65, section 66, section 67, section 68,
section 69, section 70, section 71, section 73,
section 74, section 75, section 76, section 77,
section 78, section 79 or section 124of the
Bhartiya Nyaya Sanhita, 2023, the Judicial
Magistrate shall record the statement of the person
against whom such offence has been committed in
the manner specified in sub-section (5), as soon as
the commission of the offence is brought to the
notice of the police:
Provided that such statement shall, as far as
practicable, be recorded by a woman Magistrate
and in her absence by a male Magistrate in the
presence of a woman:
Provided further that in cases relating to the
offences punishable with imprisonment for ten
years or with imprisonment for life or with
death, the Magistrate shall record the statement
of the witness brought before him by the police
officer:
Provided also that if the person making the
statement is temporarily or permanently, mentally
or physically disabled, the Magistrate shall take the
assistance of an interpreter or a special educator in
recording the statement:
Provided also that if the person making the
statement is temporarily or permanently mentally
or physically disabled, the statement made by the
person, with the assistance of an interpreter or a
special educator, shall be recorded through audio-
video electronic means preferably mobile phone.
(b) a statement recorded under clause (a) of a
person, who is temporarily or permanently mentally
or physically disabled, shall be considered a
statement in lieu of examination-in-chief, as
specified in section 142 of the Bhartiya Sakshya
Adhiniyam, 2023 such that the maker of the
statement can be cross-examined on such
statement, without the need for recording the same
at the time of trial.
13. MEDICAL EXAMINATION OF VICTIM OF
RAPE- (SECTION 184) :
xxxx
(6) The registered medical practitioner shall, within
a period of seven days forward the report to the
investigating officer who shall forward it to the
Magistrate referred to in section 193 as part of the
documents referred to in clause (a) of sub-section
(6) of that section.

14. SEARCH BY POLIC OFFICER DURING

INVESTIGATION- (SECTION 185):
Xxxx

(2) A police officer proceeding under sub-section (1),

shall, if practicable, conduct the search in person;
Provided that the search conducted under this
section shall be recorded through audio-video
electronic means preferably by mobile phone.
(5) Copies of any record made under sub-section
(1) or sub-section (3) shall forthwith, but not later
than forty-eight hours, be sent to the nearest
Magistrate empowered to take cognizance of the
offence, and the owner or occupier of the place
searched shall, on application, be furnished, free of
cost, with a copy of the same by the Magistrate.
15. PROCEDURE WHEN INVESTIGATION
CANNOT BE COMPLETED IN TWENTY-FOUR
HOURS- (SECTION187):
(2) The Magistrate to whom an accused person is
forwarded under this section may, irrespective of
whether he has or has no jurisdiction to try the
case, after taking into consideration the status
of the accused person as to whether he is not
released on bail or his bail has not been
cancelled, authorise, from time to time, the
detention of the accused in such custody as such
Magistrate thinks fit, for a term not exceeding
fifteen days in the whole, or in parts, at any time
during the initial forty days or sixty days out of
detention period of sixty days or ninety days, as
the case may be, as provided in sub-section (3),
and if he has no jurisdiction to try the case or
commit it for trial, and considers further detention
unnecessary, he may order the accused to be
forwarded to a Magistrate having such jurisdiction.
xxxx
(5) Explanation II.—If any question arises whether
an accused person was produced before the
Magistrate as required under sub-section (4), the
production of the accused person may be proved by
his signature on the order authorising detention or
by the order certified by the Magistrate as to
production of the accused person through the
audio-video electronic means, as the case may be:
Provided that in case of a woman under eighteen
years of age, the detention shall be authorised to be
in the custody of a remand home or recognised
social institution:
 Provided further that no person shall be
detained otherwise than in police station under
policy custody or in prison under Judicial
custody or place declared as prison by the
Central Government or the State Government.
16. CASES TO BE SENT TO MAGISTRATE WHEN
EVIDENCE IS SUFFICIENNT- [SECTION 190. (1)]:
xxxx
…. Provided that if the accused is not in
custody, the police officer shall take security
from such person for his appearance before the
Judicial Magistrate and the Judicial Magistrate
to whom such report is forwarded shall not
refuse to accept the same on the ground that the
accused is not taken in custody.

xxxx

17. REPORT OF POLICE OFFICER ON

COMPLETION OF INVESTIGATION- (SECTION
193):

(1) Every investigation under this Chapter shall

be completed without unnecessary delay.

(2) The investigation in relation to an offence under

sections 64, 65, 66, 67, 68, 70, 71of the Bharatiya
Nyaya Sanhita, 2023 or under sections 4, 6, 8 or
section 10 of the Protection of Children from Sexual
Offences Act, 2012 shall be completed within two
months from the date on which the information was
recorded by the officer in charge of the police
station.
(3)(i) As soon as the investigation is completed, the
officer in charge of the police station shall forward,
including through electronic communication to a
Magistrate empowered to take cognizance of the
offence on a police report, a report in the form as
the State Government may, by rules provide,
stating—
(a) the names of the parties;
(b) the nature of the information;
(c) the names of the persons who appear to be
acquainted with the circumstances of the case;
(d) whether any offence appears to have been
committed and, if so, by whom;
(e) whether the accused has been arrested;
(f) whether the accused has been released on his
bond or bail bond;
(g) whether the accused has been forwarded in
custody under section 190;
(h) whether the report of medical examination of the
woman has been attached where investigation
relates to an offence under sections 64, 65, 66, 67,
68, 70 or section 71 of the Bharatiya Nyaya
Sanhita, 2023;

(i) the sequence of custody in case of electronic

device;
(ii) The police officer shall, within a period of
ninety days, inform the progress of the
 investigation by any means including through
electronic communication to the informant or
the victim.
(8) Subject to the provisions contained in sub-
section (7), the police officer investigating the
case shall also submit such number of copies of
the police report along with other documents
duly indexed to the Magistrate for supply to the
accused as required under section 230:
Provided that supply of report and other
documents by electronic communication shall
be considered as duly served.
(9) xxxx
Provided that further investigation during the
trial may be conducted with the permission of
the Court trying the case and the same shall be
completed within a period of ninety days which
may be extended with the permission of the
Court.

17. COLLECTION OF SAMPLES: (Section 349

BNSS):

If a Magistrate of the first class is satisfied that, for the

purposes of any investigation or proceeding under this
Sanhita, it is expedient to direct any person, including
an accused person, to give specimen signatures or
finger impressions or handwriting or voice sample,
he may make an order to that effect and in that case
the person to whom the order relates shall be produced
or shall attend at the time and place specified in such
order and shall give his specimen signatures or finger
impressions or handwriting or voice sample:
Provided that no order shall be made under this
section unless the person has at some time been
arrested in connection with such investigation or
proceeding:

Provided further that the Magistrate may, for the

reasons to be recorded in writing, order any person
to give such specimen or sample without him being
arrested.

19. Timelines:
BNSS provides time-lines for various processes for
expediting the delivery of justice. Some of the
important timelines are presented in tabular form
below:
 Stage Provision Time-limit provided
in BNSS
Registrati Procedure for recording an FIR to be taken on
on of FIR FIR if information relating to record if informant
the commission of a signs it within 3 days
cognizable offence is received
by the police through Section173(1)(ii)
electronic communication

Registrati Preliminary enquiry to Preliminary enquiry

on of FIR ascertain prima facie case of to be conducted
commission of cognizable within 14 days
offence punishable between a Section173(3)
03 to 07 years

Non- Forwarding of daily diary Oncein14days

cognizabl reports in non-cognizable
e cases cases to the Magistrate Section174(1)(ii)

Arrest Arrested person to be Without unnecessary

entrusted to the police or delay, but within six
nearest police station, where hours from such
arrest has been conducted by arrest. To be
a private person rearrested by police.
Section 40
Enquiry Forwarding of inquest report Shall be forwarded
in UD the District Magistrate or within 24 hours
case Sub- divisional Magistrate Section 194(2)

Investigati Medical practitioner to Without any

on forward the medical delay Section
examination report to the 51(3)
Police
Investigati Forwarding of medical Within7days
on examination report (of Section184(6)
a
Victim of rape) by a medical
practitioner to the
investigating officer
Investigat Copy of search records to be Shall forthwith be sent,
ion forwarded to the nearest but not later than 48
Magistrate empowered to take hours
cognizance of the offence Section185(5)

Investigat Audio video recording of Without delay

ion search and seizure procedure Section 105
to be forwarded by the police
officer to the District
Magistrate, Sub- divisional
Magistrate or Judicial
Magistrate of first class

Investigat Show cause notice period for 14days

ion person to appear before any Section107(2)
court/Magistrate before the
attachment of property alleged
to be proceeds of crime

Investigat Distribution of proceeds of 60days

ion crime, from attached or seized Section107(7)
property, by the
District Magistrate
Investigat Information on status of Within 90 days
ion Investigation to victims / Section193(3)(ii)
informant
Limitation period for Within 6 months of
investigation in summons arrest of accused
cases Section 187 (9) (ref.
to CrPC 167 (5)
Cognizan Grant of sanction by the If no decision taken
ce Government for prosecution of within 120days,
Judges, public servants etc. sanction will be
deemed to have been
granted Section 218(1)
Commit Proceedings undertaken by Committal proceedings
ment of the Magistrate to Commitment to be completed within
cas of case to the Sessions Court, 90 days, extendable up
e to where the offences are to 180 days for reasons
Court exclusively trial by the in writing
Sessions Court Section 232
of
Session
Dischar Filing of discharge petition by Within 60 days of
ge the accused supply of documents
petition
by
accused
Charge Framing of charges by the Within 60 days from
Magistrate (for offences the first hearing on charge
Magistrate is competent to try Section 263(1)
and punish)

Charge Procedure for an accused to Within 60

file application for discharge days from
(in cases triable by a Sessions committal
Court) Section250(1)

Charge Procedure for discharge by Granting 30 days

Magistrate in case of absence opportunity to
of complainant on date fixed complainant to appear
for hearing in a complaint in court
case, for offences that are non- Section 272
cognizable and compoundable
Plea Procedure for application for Within 30 days from
Bargaini plea bargaining by the the date of framing of
ng accused, in court where trial charge
For said offence is pending Section290(1)
Trial Procedure for admission and Soon after supply of
denial of genuineness of documents, and no
documents by the defence and later
prosecution than30days,unlessthe
Court relaxes the time
limit with written
reasons
Section330(1)
Trial Commencement of in absentia After a period of
trial against proclaimed 90days has lapsed
offenders by a from the framing of
court charge
Section356(1)
Trial Issuance of two consecutive Executionof2
arrest warrants by a court consecutive
against proclaimed offenders, arr
before commencing in absentia est warrants within
trials the interval of 30 days
Section356(2)(1)
Trial Publication of notice to Noticeperiodof30days
Proclaimed offender to appear 356(2)(ii)
before court, in a newspaper
Bail Maximum period in which an 1/3 of the sentence
accused can be placed in period for first time
undertrial detention before the offenders and 1/2 of
applicability of default bail the sentence period in
(exclusive of cases punishable all other cases
with death and life Section479(1)
imprisonment)2
Judgem Pronouncement of judgment Notlaterthan45days
ent and after termination of trial in any Section 392 (1)
sentenc criminal court
e

Judgme Judgment of acquittal or 30 days from the

nt and conviction by Court of Sessions completion
sentence of arguments.
Extendable upto
45days for
Reasons in
writing Section
258(1)
Judgem Court to upload a digital copy 7 days
ent and of the judgment from
sentenc pronouncement, as far
e as practicable
Section392(4)
Any Procedure for custody or Within 14 days of
stage disposal of property produced production of property
before a Court/Magistrate before the Court,
during investigation, inquiry or Magistrate will
trial. prepare a seizure list
Miscellaneous with
photography/videogra
phy and order
disposal within 30
days.
Section497(2)
 General suggestions*

1. For any offence which occurred till 30th of

June 2024 but reported on 1st July 2024 or
thereafter, case will be registered under IPC
sections. For continuing offences, sections of
BNS can be applied.

2. Investigation of all cases registered on

and after 1st July 2024 investigation will be
conducted under BNSS and charge-sheet/Final
Report will be filed as per BNSS. For cases
pending for investigation on 1st July 2024,
CrPC will be applicable. However, procedural
safeguards provided in BNSS like video
recording of search etc. can be used unless
specifically barred under CrPC for enhancing
quality of evidence, skill building of I.O.s and
maintaining procedural uniformity. Charge-
sheet/Final Report will be filed in such pending
cases as per CrPC.

3. Dedicated email id/phone number

should be used for electronic delivery of
summons. In case of use of apps which confirm
delivery (e.g. blue tick in whatsapp), the same
should be noted in the service returns sent to
the Court. Mobile number/email id of the
person summoned should be confirmed (e.g.
mention of the same in some authentic
records/Govt. ID or information properly noted
in case records) before sending the summon
through electronic means.

4. Under BNSS it is mandatory to conduct

video-recording of all search and seizure
procedures whether conducted during
investigation or otherwise. If there is only
search without any seizure or there is seizure
without search (like production of articles), the
same should also be videographed. It is also
mandatory to video-record the visit of forensic
experts to scene of crime. SOP (abridged)
prepared by SVSPA may be followed for video
recording of seizure till app based systems are
operationalized. Access to necessary hardware
and software tools should be provided to all
I.Os.

5. Audio-video recording of statements is

optional and it can be done using any audio-
video recorder.

6. In case of special laws, the procedure

provided in the special law will prevail.

1|Page
However, if no specific procedure has been
provided, provisions of BNSS will apply.

7. Sankalan app developed by NCRB

(available in google play store/Apple app store)
may be downloaded which provides an indexed
structure linking all chapters and sections of
new criminal laws, facilitating ease of
navigation and reference. A copy of new
criminal laws should be kept at the table of
Duty Officer for ready reference.

8. Forms and formats compatible with

BNSS should be used for various procedures.
Certain common formats have been provided
with this handbook.

9. NCL section of SVSPA may be contacted

through Whatsapp groups of master trainers or
email id [email protected] for any
guidance with regard to implementation of new
criminal laws (BNS, BNSS and BSA).

10. Charge-sheets/final reports should be

closely scrutinized to ensure procedural
compliance with BNSS in all new cases.

11. In case of section 35(7) regarding arrest

and section 173(3) regarding preliminary

2|Page
enquiry written permission should be obtained
from the minimum DySP rank officer. The
purpose of preliminary enquiry is just to
ascertain whether a prima facie case exists to
register FIR and formally investigate the
matter. Formats are provided in this handbook.

12. Victims should be informed of their rights

under BNSS.
*These suggestions are only advisory in nature and
specific provisions of Acts and departmental
circular/orders/guidelines may be consulted in case of
any clarification.

3|Page
 Form No. 1
NOTICE FOR APPEARANCE BY THE POLICE
[as per section 35(3) of B.N.S.S.]

Serial no.

Police Station _________________

Case No___________ U/s_________________

Dated________________

To,

……………………………..
[Name of the Accused/Noticee]

…………………………..
[Last known Address]

……………………………….
[Phone No./Email ID (if any)]

In pursuance of sub-section (3) of section 35 of the

Bharatiya Nagarik Suraksha Sanhita, 2023, I
hereby inform you that during the investigation of
FIR/Case No……………….. dated…………………
u/s………………………………………. registered at
Police Station……………………………,it is revealed
that there are reasonable grounds to question you
to ascertain facts and circumstances from you, in
relation to the present investigation. Hence you are
directed to appear before me at
……………………AM/PM on…………………………..
at Police Station.

Further, you are also hereby directed to comply

with all of the following conditions/directions:

(a) You will not commit any offence in the future;

(b) You will not tamper with the evidence(s) in the

case in any manner whatsoever.

(c) You will not make any threat, inducement, or

promise to any person acquainted with the facts of
the case so as to dissuade him/her from
disclosing, such facts to the Court or to the Police
Officer;

(d) You will appear before Court as and when

required/directed;

(e) You will join the investigation of the case as and

when required and will cooperate in the
investigation;
(f) You will disclose all the facts truthfully without
concealing any part relevant for the purpose of
investigation to reach the true and accurate
conclusion of the case;

(g) You will produce all relevant

documents/material required for the purpose of
investigation;

(h) You will render your full

cooperation/assistance in apprehension of the
accomplice;

(i) You will not allow in any manner destruction of

any evidence relevant for the purpose of
investigation/trial of the case;

(j) Any other conditions which may be imposed by

the investigating officer/SHO as per the facts of
the case.

Failure to attend/comply with the terms of this

Notice can render you liable for arrest under S.
35(6) of the Bharatiya Nagarik Suraksha
Sanhita, 2023.

Police Station ____________________________

Name and Designation of officer in charge

________________________________________
(Seal)
 PROFORMA TO SEEK PERMISSION FOR ARREST
(U/S 35 (7) BNSS 2023)
To
The Deputy Superintendent of Police,
(Designation)
Sub:- Permission to Arrest the accused
____________________ in c/w ……………PS case
no………..dated……………u/s…………..

Whereas during my investigation, it is considered

necessary to arrest the accused namely……………….,
age…………resident of…………………….. who is
involved in a case punishable with less than 03 (three)
years of imprisonment/is infirm/is above sixty years of
age on the grounds…………………….(specify grounds of
necessity of arrest in the interest of investigation.
Therefore, permission may kindly be accorded under
section 35 (7) of BNSS Permission. The case diary of the
case is updated.
Dated at:
Name & signature of I.O.
(with seal of the PS)

Forwarded by
(……………………)
Officer-in-charge
PROFORMA FOR PERMISSION BY DEPUTY
SUPERINTENDENT OF POLICE TO THE I.O .
(u/s 35 (7) BNSS 2023)

To,
The
Officer-in-charge/Inspector-in-charge
………………………Police Station
Sub:- Permission to Arrest the accused
____________________ in c/w ……………PS case
no………..dated……………u/s…………..

Ref:- Your letter/e-mail Dated ……………………………

With reference to above, after considering the
grounds for necessity of arrest in the interest of
investigation, permission is hereby accorded to arrest
the accused _____________________ (Name of the
Accused), subject to compliance with all procedural
safeguards provided in BNSS. This should be kept in
the case diary.
Dated at:
Deputy Superintendent of Police (Designation)
Name & Signature
(with seal)
PROFORMA TO SEEK PERMISSION BY THE
OFFICER-IN-CHARGE FOR CONDUCTING
PRELIMINARY ENQUIRY [u/s 173 (2) BNSS 2023)]

To,
The Deputy Superintendent of Police,
(Designation)

Sub:- Sub:- Permission to conduct preliminary enquiry

in reference to …….PS G.D.E. number

Whereas a complaint has been received

from………….(name)…………..on (date) which is
concerned with an offence punishable for three years
or more but less than seven years, and it is felt
necessary to conduct a preliminary enquiry to
ascertain whether a prima facie case fit to investigate
exists, you are hereby requested to accord permission
to conduct preliminary enquiry in terms of section
173(3) BNSS. A copy of the complaint is being
forwarded for kind perusal and necessary orders

Dated at:
Name and signature of officer-in-charge
(with seal of the PS)
PROFORMA FOR PERMISSION BY DEPUTY
SUPERINTENDENT OF POLICE TO THE OFFICER-
IN-CHARGE FOR CONDUCTING PRELIMINARY
ENQUIRY (u/s 173 (3) BNSS 2023)

To,
The
Officer-in-charge,
………………………Police Station

Sub:- Permission to conduct preliminary enquiry in

reference to your PS G.D.E. number

Ref:- Your letter/e-mail Dated ……………………………

With reference to above, after considering the

prayer, I hereby accord permission to
(i) conduct preliminary enquiry to ascertain
whether a prima-facie case fit to investigate
is revealed by the complaint submitted
by……………(name)…………on………(date).
The preliminary enquiry should be
completed within a period of 14 days and
day-to-day proceedings should be noted in
the General Diary. Outcome of the
preliminary enquiry alongwith
recommendations of the E.O. should be duly
 forwarded alongwith your recommendations
(and through circle inspector, if applicable)
to the undersigned.

OR

(ii) You are hereby directed to proceed with

investigation as there exists a prima facie
case from the complaint submitted
by……………(name)…………on………(date).

Dated at:
Deputy Superintendent of Police (Designation)
Name & Signature (with seal)
PS-------------------------
Case F.I.R/G.D.E. No.____

Dated________________u/s_______________

ARREST MEMO

(as per Section 36 of the Bhartiya Nagarik

uraksha Sanhita, 2023)

1. Name with Alias and

parentage of the Arrestee.

2. Sex and age

3. Mobile No./WhatsApp
Mobile No./Email Address
4. Present Address of the
Arrestee
5. Permanent Address of
the Arrestee
6. FIR No./G.D.E. No. &
Sec. of Law.

7. Place of Arrest

8. Date & Time of Arrest

9. Name, Address, e-mail

ID & Tel. No. to whom to
convey the information of
arrest

10. Name, Rank & mobile

no. of the officer making
arrest

11. Reasons/Grounds of
arrest

11. Forum/Court where to

be produced

12. Proposed Date and time

of production in the Court

Signature of Arrestee:

Name and Signature of Witnesses:

Note:

1. Certified that the arrestee has been

informed of grounds of arrest and right to
bail
2. Certified that Sh./Smt………………, mobile
number………..r/o………………………………
………..as disclosed/nominated by the
arrestee has been informed about the arrest.

_________________________

Signature of the 1.0/

P.S ________________________

Dated____________________
Case/ FIR No.__________
U/s______________________ Dated____________
PS__________

BAIL BOND

I ……………(name)………………………………(Mobile
No. / WhatsApp / Mobile
Email……………………………S/o……………………R
/o……………………………………………………………
………………………….…………… hereby declare
myself surety for Sh/Smt.
…………………………………..S/o W/o D/o
Sh..................................................
R/o................................................. that he shall
attend before
………………………………………………………
Sh…………………………………… On
the…………………………….. Day of
............................... next to Answer to the charge
on which he has been arrested and shall continue
so to attend until otherwise directed by the
Court/Police and in case of this making default
therein, I bind myself to forfeit it to Government,
the sum of
Rs........................................................................
. ( Signature)

Attested
Case/FIR No.__________
U/s______________________ Dated____________
PS__________

PERSONAL BOND

I ………………………………………….(name) (Mobile
No. / WhatsApp Mobile No..................................
Email ………………………………………
S/o.................................................
R/o......................................................................
...................................... hereby bind myself to
attend in the Court of
Shri……………………………………. On the
…………………………. Day of
……………………………………… next to Answer to
the said charge and to continue so to attend until
otherwise directed by the Court and in case of
making default therein, I bind myself to forfeit, to
Government, the sum of
Rs……………………………………………………………
..

(Signature)

Attested
PS__________________Case
No._________U/s______________
Dated_____________

NOTICE U/s 94 B.N.S.S.

To,

………………………………………………………

……………………………………………………….

……………………………………………………….

Sir,

This is to inform you that the above-

mentioned case was registered on the complaint
of.........................................................................
...........................
S/o…………………………………………………………
….
R/o…………………………………………………………
……………………………………….. The investigation
of the case is being carried by the undersigned.
For the purpose of investigation, you are hereby
directed through this notice to provide, or cause
to be provided, the below mentioned
details/articles/documents to the undersigned at
PS……………………………………….on………………
…………. at ………………………………. Α.Μ./Ρ.Μ.:
-

Kindly note that the failure to comply with the

terms of this notice under Section 94 of BNSS, as
required may attract penal proceeding u/s 210
B.N.S.

1. ………………………………………………………

2. ………………………………………………………

3. ………………………………………………………

Officer in charge, PS……………………..

PS……………………………………

Dt…………………………..
 FORM No. 13

BOND TO KEEP THE PEACE

(As per sections 125 and 126 of B.N.S.S)

WHEREAS I
……………………………………………………………(n
ame) (with Mobile No./WhatsApp Mobile
No……………………… email
ID……………………………… inhabitant of
………………………………………………………………
….(place), have been called upon to enter into a
bond to keep the peace for the term
of…………………………………..or until the
completion of the inquiry in the matter of
...........................................now pending in the
Court of.................................., I hereby bind
myself not to commit a breach of the peace, or do
any act that may probably occasion a breach of the
peace, during the said term or until the completion
of the said inquiry and, in case of my making
default therein, I hereby bind myself to forfeit, to
Government, the sum of
rupees………………………………………..

Dated, this……………………......... day

of............................................20…………….
PS__________________Case
No._________U/s______________
Dated_____________

NOTICE U/s 179 B.N.S.S.

To,
……………………………………………..
……………………………………………..

……………………………………………..

Sir/madam,

This is to inform you that the above-

mentioned case was registered on the complaint of
……………………………………..
S/o……………………………………….
R/o…………………………………………………………
………………………………………………………………
……………………….. The investigation of the case
is being carried by the undersigned.

Whereas it appears that you are acquainted

with the facts/circumstances of the above cited
case and investigation thereof. Hence, you are
hereby informed to appear before the undersigned
on ...................................... (date)
at.................................... (time) Police Station
……………………………………., in connection with
above cited case.

Name of I.O………………….

PS …………………………….

Dt.....................................

Note:-

1. Failure to attend as required may attract penal

proceeding U/s 208 B.N.S.

2. Person below 15 years age and above 60 years,

woman or mentally or physically disabled person
or person with acute illness are exempted from
physical presence in police station unless they are
themselves willing to attend and join the
investigation, as directed.

PS__________________Case
No._________U/s______________
Dated_____________
 FORM No. 30
BOND TO PROSECUTE OR GIVE EVIDENCE
(As per section 190 of B.N.S.S.)

I………………………………....(name) (Mobile No.

/WhatsApp…………………… Email
………………………………….. of
……………………………………. (place), do hereby
bind myself to attend at
……………………………………. In the Court of
………………………………………….at
……………………o'clock....................on the
…………………………………. day of
…………………………… next and then and there to
prosecute (or to prosecute and give evidence) (or to
give evidence) in the matter of a charge
of……………………………… against one A. B., and,
in case of making default herein, I bind myself to
forfeit to Government the sum of
rupees…………………………..

Dated, this…………………………….... day

of.............................., 20………………
 FORM No. 47

BOND AND BAIL-BOND FOR ATTENDANCE

BEFORE OFFICER IN CHARGE OF POLICE
STATION OR COURT
[As per sections 478, 479, 480, 481, 482(3)
and 485]

I………………………………….....(name),
of........................................(place), having been
arrested or detained without warrant by the Officer
in charge of …………………... police station (or
having been brought before the Court
of…………................), charged with the offence
of................................................. and am
required to give security for my attendance before
such Officer of Court on condition that I shall
attend such Officer or Court on every day on which
any investigation or trial is held with regard to
such charge, and in case of my making default
herein, I bind myself to forfeit to Government the
sum of rupees............................................

Dated, this…………………………….... day

of.............................., 20………………

(Signature)

I hereby declare myself (or we jointly and severally

declare ourselves and each of us) surety (or
sureties) for the above
said.......................................... (name) that he
shall attend the Officer in charge
of……………………………..... police station or the
Court of ......................................on every day on
which any investigation into the charge is made or
any trial on such charge is held, that he shall be,
and appear, before such Officer or Court for the
purpose of such investigation or to answer the
charge against him (as the case may be), and, in
case of his making default herein, I hereby bind
myself (or we, hereby bind ourselves) to forfeit to
Government the sum of
rupees....................................

Dated, this…………………………….... day

of.............................., 20………………

(Signature)
 Seizure list

1. Case number/G.D. Entry no.:

2. Date and time of seizure:
3. Place of seizure:
4. Seized from ( with name, address, mobile
number):
5. In presence of the following witnesses
following articles have been seized in
connection with the case :-

Sl. Description of Quantity/Page

No. documents/articles No(s).

1.

2.

3.

4.

The aforesaid articles/documents are taken into

police possession and seized as evidence. The
seizure memo is prepared as per law.

6. Signature of person from whom seized:

Signature and names of Independent Witnesses
(with address and mobile number):-

1.)....................................

2.)…………………………….

1. Videography done by:

2. Special note (if any) :

Name of I.O………………………….

PS……………………….

Dt............................

PS ____________________Case FIR No./G.D.E.

No.____________ U/s_______________
Dated________________
 CERTIFICATE U/s 63 (4) (c) OF B.S.A.
PART A
(To be filled by the Party)

I_________________________________________(Name)
, Son/daughter/wife of
_____________________________ Residing/employed
at _____________________________ do hereby
solemnly affirm and sincerely state and submit as
follows:-

I have produced electronic

record/output of the digital record taken from the
following device/digital record source (tick
mark):-

Computer/Storage Media DVR

Mobile CD/DVD

Flash Drive Server Cloud

Other
Other
________________________________________________
______

Make & Model:

_______________________________________

Color:__________________________________

Serial Number:______________________________

IMEI/UIN/UID/MAC/Cloud ID
_______________________________________ (as
applicable) and any other relevant information, if
any, about the device/digital
record__________________________________________
_____________________ (specify). The digital device
or the digital records source was under my lawful
control for regularly creating, storing or recessing
information for the purposes of carrying out
regular activities and during this period, the
computer or the communication device was
working properly and the relevant information was
regularly fed into the computer in the ordinary
course of business. If the computer/digital device
at any point of time was not working properly or
out of operation, then it has not affected the
electronic/digital record or its accuracy. The
digital device or the source of the digital record is:-
Owned Maintained Managed
Operated

by me (select as applicable).

I state that the HASH value(s) of the

electronic/digital record(s) is
__________________________ obtained through the
following algorithm:-

SHA1:

SHA256:

MD5:

Other_____________________________(Legally
acceptable standard)

(Hash report to be enclosed with the

certificate)

(Name and signature)

Date (DD/MM/YYYY): ______________________

Time (IST): ____________________ hours (In 24

hours format)

Place: ___________________________
CERTIFICATE u/s 63 (4) (c) OF B.S.A. PART B
(To be filled by the Expert)

I_________________________________________(Name)
, Son/daughter/wife of
_____________________________ Residing/employed
at _____________________________ do hereby
solemnly affirm and sincerely state and submit as
follows:-

I have produced electronic

record/output of the digital record taken from the
following device/digital record source (tick
mark):-

Computer/Storage Media DVR

Mobile CD/DVD

Flash Drive Server Cloud

Other
Other
________________________________________________
______
Make & Model:
_______________________________________
Color:__________________________________
Serial Number:______________________________
IMEI/UIN/UID/MAC/Cloud ID
____________________________(as applicable) any
other relevant information, if any, about the
device/digital
record__________________________________________
_____________________ (specify).
I state that the HASH value(s) of the
electronic/digital record(s) is
__________________________ obtained through the
following algorithm:-
SHA1:

SHA256:

MD5:

Other_____________________________(Legally
acceptable standard)

(Hash report to be enclosed with the

certificate)

(Name and signature)

Date (DD/MM/YYYY): ______________________

Time (IST): ____________________ hours (In 24

hours format)

Place: ___________________________

Case FIR No._________

U/s______________Dated_____________PS_________
__________

Personal Search Memo

In the presence of the following witnesses, the

personal search of
Sh./Smt........................................................(Mo
bile No. / WhatsApp Mobile
No…………………………..Email………………………
……………………..,Age………., sex…………. S/o
D/o W/o (select as applicable)
Sh………………………………………
R/o…………………………………………………………
……was conducted as per law under the provisions
of section 49 of the Bharatiya Nagarik Suraksha
Sanhita, 2023 and following articles have been
received from his/her possession and same have
been taken into the Police possession through this
memo.
1……………………………………………………………
……………………………..

2……………………………………………………………
……………………………..

3……………………………………………………………
……………………………..

Witness:-

(1) Sh........................................(Mobile
No.......................email.ID…………………)
…………………………………S/o………………………
……R/o……………………………..

(2) Sh........................................(Mobile
No.......................email.ID…………………)
…………………………………S/o………………………
……R/o……………………………..

Investigation Officer………………………………

Police Station.............................................
 FORWARDING LETTER TO FORENSIC
LABORATORY

FIR No………………………….. Police

Station...................................
Dated................................... Distt:
…………………………………….

Section of Law................................

NATURE OF CRIME:

(This should be cover with nature of charge, brief

history and relevant details)

The brief facts of the

case.....................................................................
..................
………………………………………………………………
………………………………………………………………
 LIST OF EXHIBITS SENT FOR EXAMINATION

1 2 3 4 5
S. Description Source Marking No.
NO. Exhibits of the Sheets
exhibits of
Sheets
1.
2.
3.

NATURE OF EXAMINATION REQUIRED:-

(Including any information which will assist the

examination)

PLEASE OPINE :-

1.
………………………………………………………
…………………………………..
2.
………………………………………………………
…………………………………..
3.
………………………………………………………
……………………………………
Memo No.________________ /SHO_______________
ND Dated_____________ /20…….

Forwarded to the Director, Forensic Science

Laboratory, 37/1/2 Belgachia Road, Kolkata
700037
Dated:-

Specimen Seal impression

Signature and designation
With sealing wax Officer of the forwarding
(With seal)

PS_____________________

UD_Case No. ___________

Dated_________________.

NOTICE U/s 195 B.N.S.S.

To,

………………………………………………………
……………..

Sir,

This is to inform you that the inquest proceedings

in respect of deceased Late
………………………………………………S/o..............
............................................................................
.....
R/o…………………………………………………………
………………. ……………………………………………
have been initiated to ascertain the cause of death.
The enquiry into the matter is being carried by the
undersigned.

Whereas it appears that you are acquainted with

the facts/circumstances of the above cited matter.
You are hereby informed to appear before the
undersigned on date…………………… at
………………………………..Police Station
…………………………………. For the purpose of
finalization of the enquiry,

Name of I.O……………………………..

PS.......................................

Dt………………………………….
STANDARD OPERATING PROCEDURE FOR RECORDING BY AUDIO-VIDEO ELECTRONIC
MEANS IN BNSS (ABRIDGED)

1. Section 105/185 of BNSS mandates compulsory audio-video (AV) recording of all search and seizure
proceedings in connection with investigation of case or otherwise. In case of investigation of a crime such
recording is to be sent to the Magistrate within 48 hours alongwith seizure list.
2. AV recording of scene of crime is also compulsory in a case where forensic expert has been invited to
the crime scene for collection of evidence (sec. 176 BNSS). Photography and videography should usually be the
first step in examination of crime scene.
3. Designate one are more officers trained in handling electronic or digital evidence/digital forensics to
process the recorded files in the police station, create a copy, and note the hash value.
4. Protect the scene of crime and persons other than those required in the video should not be in the frame
as far as practicable.
5. Statement of witnesses may also be recorded by AV electronic means. Use of AV recording is also
mandatory in recording of FIR in certain situations u/s 173(1) (i) (a).
6. Ensure continuous recording since start to end of the entire process without any interruptions. If there is
any unforeseen interruption, mention the same in the seizure list. Also record the preparation of seizure list and
signing by witnesses on it.
7. Use a dedicated device (camera, audio-video recorder, tablet, etc.) with a removable memory storage
card. If using a mobile phone, ensure it has a removable memory card unless an approved app is used.
8. Ensure the removable memory card is clean (formatted or new) before starting the process. Sufficient
number of memory cards should be available in police station of at least 8-16 MB capacity. Multiple cards can be
used for longer recordings. Select resolution of at least 3.2 Megapixel while recording.
9. Submit the camera’s memory card to the designated officer by placing it in a sealed evidence envelope
with case details. Label of envelop should display title of contents, date, time, place and case reference.
10. Download the unaltered files into a dedicated computer with limited access, using a software that
prevents rewriting or altering the images.
11. The designated officer will copy the digital images/video onto a hard disk or pen drive, which will
become the “master negative.”
12. The master negative storage devices should be write-once-read-many times (WORM) and placed in a
secured location, not part of the case diary.
13. Copy the master negative files onto another storage device to create a “negative duplicate or mirror
image” without opening the files.
14. Create a separate storage device for each criminal case from the negative duplicate. Confirm the correct
transfer of digital images.
15. The master negative storage device must remain in the custody of the authorised person. If required,
create a new copy from the negative duplicate.
16. Perform hashing while transferring data to ensure integrity, using approved tools and documenting the
process in chain of custody forms. Use write-blocking devices to prevent data tampering.
17. Hash value is noted to maintain authenticity and data integrity. Tools like Hash Tab, WinMD5Free or
Hash My Files can be used to generate hash values. Download any such tool in the dedicated desktop. After
download, run the application and simply add the file or folder to see its hash value. Take a print-out of screen
output to use as hash report which should be annexed with Part A and Part B certificate. Remember that integrity
is crucial for specific files for evidentiary purposes and not the entire storage medium.
18. Obtain a Part A certificate under Sec. 63(4)(c) of the Bharatiya Sakshya Adhiniyam, 2023 (given in the
Schedule to the Adhiniyam) from the I.O. Part B certificate, for the time being, can be given by the designated
officer. If for some reason whole recording device is sent to the Cyber forensics laboratory for examination,
forensic expert of the lab can give Part B certificate.
19. Send the seizure list to the court with the sequence of custody form. If directed, transfer the mirror image
to the Magistrate’s designated desktop.
20. Seek the opinion of an electronic evidence examiner under Sec. 79A of the IT Act 2000 if the authenticity
is challenged in court or to recover deleted files.
21. Send seizure list to the Court along with copy of sequence of custody form (till date). If Court directs for
producing the recording designated officer will transfer the mirror image in pen drive or storage device to the
designated desktop of Magistrate along with memos and sequence of custody forms through G.R.O.
22. Importance is given to the integrity of a specific file and not to the entire storage medium.
23. Opinion of examiner of electronic evidence appointed u/s 79A of I.T. Act 2000 (e.g. Cyber Forensics and
Digital Evidence Examination Labaoratory, SDF Building, Sector V, Salt Lake, Kolkata) needs to be obtained
only if there is challenge to the authenticity in the Court or the opinion is required to recover any deleted file etc.
24. Once a mobile app is authorised to be used for this purpose by Police Directorate, same should be used
for such recordings.
25. Form of Sequence of Custody is attached.

(Prepared by SVSPA West Bengal , for departmental use only)

 Annexure J West Bengal Form No

**Sequence of Custody Form for Electronic device**

(Sec. 193(3) (i) of BNSS 2023)

1. Case Detail:

i. Police Station:
ii. Case Number: ______________________________dated u/s
iii. Name of the Investigating Officer: ______________________________
iv. Contact Number: ______________________________

2. Description of Electronic device:

i. Sl Number (as per Column no. 12 of Charge-sheet/Final Report): ______________________________

ii. Description of Electronic device: ______________________________
iii. Type of Device: (e.g., computer, mobile phone, USB drive) ______________________________
iv. Make and Model: ______________________________
v. Colour:
vi. Serial Number: ______________________________
vii. Unique Identifiers (if any e.g. IMEI/UIN/UID/MAC/Cloud ID): ______________________________
viii. Hash Value (if applicable):
ix. Place of storage of electronic device (if any) at the time of Charge-sheet/Final Report:
3. Seizure Details:

i. Seized By: ______________________________

ii. Date and Time of Collection: ______________________________
iii. Place of Seizure: ______________________________
iv. Seizure list reference: ______________________________
v. Condition of electronic device: (e.g., intact, damaged) ______________________________

4.Details of Transfers of custody:

Transferred
Received by Purpose Signature Signature
Sl Date of Time of From
of of of
no. Transfer Transfer
Transfer transferer Recipient
Name Rank Name Rank
5. Final Disposal (if disposed at the time of filing of Charge-sheet/Final Form) :

i. Date and Time of Final Disposition: ______________________________

ii. Method of Disposal: (e.g., returned to owner, retained as evidence, destroyed) ______________________________
iii. Disposed By: ______________________________
iv. Court order ref. (if any)
v. Name and signature ofreceiver (if returned): ______________________________

(Name) (Signature)

6. Additional Notes (if any) :

__________________________________________________________________________________________

__________________________________________________________________________________________

Instructions for Completing the Sequence of Custody Form:

i. Use separate form (in two copies) for each electronic device.
ii. Fill in all sections accurately at the time of evidence collection and transfer.
iii. Ensure signatures are obtained from both the transferring and receiving officers/officials involved in the transfer and handling
of the evidence.
iv. Investigating officer should verify the place of storage and its condition of electronic device at the time of Charge-sheet/Final
Report
v. Transfer of custody should take place only if necessarily required in the interest of investigation.
vi. In case of any discrepancies, note them in the Additional Notes section and report to the supervising officer.