BNSS, 2023 - DVAC

INVESTIGATION
ASPECTS
D.Senthilkuma
r, ADLA.,
DVAC, Chennai

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BNSS came into force from 01.07.2024.

Section 2(a) of BNSS define “audio-video electronic” means

use of any communication device during search and seizure,

transmission of electronic communication etc.

Section 2(i) of BNSS define “electronic communication” means

electronic device including mobile phone, camera etc.

Section 2(l) of BNSS define what is “investigation”.

The explanation specify Special Act will prevail over BNSS

when inconsistency occur.

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 Section 35(1)(b)(ii) of BNSS state that when police officer

makes arrest, he shall record reasons in the case diary of

arrest of offences punishable which may extend upto 7
years – Section 7 of PC Act, 2018 stipulate punishment is
upto 7 years – Arrest is made in Trap Cases.

 Section 35(7) of BNSS, 2023 state that no arrest shall be

made without prior permission of an officer not below the

rank of DSP in case of an offence which is punishable
less than 3 years if an accused person is infirm (sick) or
above 60 years of age.
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 There is no change with regard to arrest card and intimation

to relatives procedure except that arrested person can

intimate to any person of his choice as per Section 36(c) of

BNSS.

 As per section 37(b) of BNSS, 2023 arrest particulars are to

be displayed in digital mode in every Police Station.

 As per section 37(b) of BNSS, 2023 designated police officer

should not be below the rank of ASI to give information to

public about arrest.

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 As per newly introduced section 105 of BNSS, 2023 search

and seizure shall be made in audio-video electronic means.

This is Mandatory. Preferably mobile phone. IO has to

prepare list of things seized and has to obtain signature of

witnesses in the list. Preparing list and obtaining signatures

from witnesses are also to be videographed.

 The audio-video recordings shall be sent without delay. No

time limit is specified in Section 105 of BNSS, 2023.

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 With regard to section 106 of BNSS, 2023 (section 102 of CrPC) no

change is made. Surprise check is made under this provision.

Suspicion of the commission of offence.

 Section 173(1)(ii) of BNSS state that FIR can be given through

electronic means (e-FIR) – to be taken on record in 3 days – within 3

days the maker/informant has to sign. Any complaint with DVAC can

be lodged electronically. Any FIR is to be registered under section

173 of BNSS. (Section 154 of CrPC). Zero FIR - irrespective of the

area where the offence is committed – section 173(1) of BNSS.

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 P.E. Concept to ascertain prima facie case is introduced in

BNSS, 2023 is not applicable to following P.C Act, 2018

offences.
 As per section 173(3) of BNSS PE is to be conducted for

offences punishable with from 3 years to less than 7

years.
 Section 7- trap – 7 years punishment can be imposed.

 Section 13- misappropriation and DP assests cases - 4

years to 10 years punishment can be imposed.

 Section 9 – punishment is fine only – non cognizable.

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 P.E. Concept introduced in BNSS, 2023 is applicable to the following

P.C Act, 2018 offences.

 Section 11 – Public servant obtaining undue advantage

without consideration from person concerned in

proceeding or business transacted by such public servant
- punishable with 6 months to 5 years – cognizable.
 Section 15 – attempt to commit misappropriation offence

as per section 13(1)(a) - punishable with 2 years to 5

years – cognizable.
 First Schedule of BNSS - II. Classification of offences against

other laws.
 Punishable with imprisonment for three years and above –

Cognizable - Arrest can be made without warrant.

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 Section 173(4) of BNSS state that if police fail to register

case even after information sent to SP, application

(private complaint) can be made to Magistrate. When FIR

is not registered on corruption complaint, private

complaint may be lodged before Jurisdictional Magistrate

(CJM). Section 19(1)(i)(ii) of PC Act, 2018 stipulate

private complaint procedure under PC Act, 2018 .

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 Section 176(3) of BNSS, 2023 state that after due notification, framing

of rules by State Government and forensic facility availability, crime

scene is to be videographed. Now, this provision is optional for five

years. This provision prescribes a 5 year period for implementation.

Section 176(3) state that police officer shall for 7 years or more

offences cause scene of crime videographed. Trap comes under

section 7 of PC Act, 2018 for which 3 to 7 years punishment is

provided. Therefore, trap scene of occurrence is to be videographed in

due course of time. State Government will notify about Digital

Forensic Experts very soon. The Forensic Expert has to visit the crime

scene and has to collect Forensic evidence. Police Officers have to

undergo training and certification course to be qualified as a Forensic

Expert.
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 There is no change in procedure regarding recovery of tainted

currency from accused and conduct of phenolphthalein test and all

these have to be videographed in due course of time and it falls

under trap procedure (crime scene).

 Section 179(1) of BNSS proviso clause state that no male person

under the age of 15 years or above age of 60 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. This section provide further that if

such person is willing to attend at the police station such person

may be permitted so to do.

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 As per section 185(1) of BNSS grounds for belief of necessity

of search are to be written in case diary. (section 165 of

CrPC)

 As per section 185(2) of BNSS, 2023 (section 165 of CrPC)

search (without search warrant) shall be made and recorded

through audio-video electronic means preferably mobile
phone. This is Mandatory. As per section 185(4) of BNSS,
2023 general provisions as to searches contained in section
103 of BNSS, 2023 (section 100 of CrPC) apply to a search
made under this section.
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 As per section 185(5) of BNSS, 2023 the audio-video

recordings should be sent within 48 hours to nearest

Magistrate. This is Mandatory.

 House Search and Bank locker recovery are to be

videographed and to be sent to Court within 48 hours. This

is Mandatory. They are coming under search and seizure

procedure of BNSS. Section 105 of BNSS– Newly introduced.

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 Section 193(1) of BNSS state that police report (Charge sheet)

can be sent to Court through electronic means. (section 173 of

CrPC). Both options. Manual or Electronic mode.

 Section 193(3)(ii) of BNSS state that the police officer shall

within 90 days inform the progress of the investigation by any

means including through electronic communication to the
informant or the victim. This can be made through MOBILE
MODE.

Section 193(3)(iii) of BNSS state that the State Government will

formulate the rules of manner of informing informant. Here,
informant implies complainant of DVAC Cases.
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 Section 193(9) of BNSS state a time limit of 90 days for

conducting further investigation during trial after filing of

charge sheet. Extension will be granted to Police only with

the permission of the Court.

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 Section 349 of BNSS (Section 311A of CrPC) – signatures

and finger impressions.

 empowers to obtain specimen signatures or handwriting

of accused or any person.

 empowers to obtain finger impressions and voice
samples of accused or any person.
 empowers these samples to be collected from a person

who has not been arrested but the Magistrate should

record reasons in writing as to why a person not arrested
is made to give samples. The IO should state specific
reasons in his petition to Magistrate.

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Section 531 (2) (a) of BNSS – Saving Clause
S. Date of Date of Date of Penal Procedu Procedu
No. occurrenc Registrati Filing of Law ral Law ral Law
e on of FIR Charge for for
Sheet Police Court
1 Before Before Before IPC CrPC CrPC
01.07.2024 01.07.2024 01.07.2024

2 Before Before After IPC CrPC BNSS

01.07.2024 01.07.2024 01.07.2024

3 Before After After IPC BNSS BNSS

01.07.2024 01.07.2024 01.07.2024

4 On or after On or after On or after BNS BNSS BNSS

01.07.2024 01.07.2024 01.07.2024

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 Five sections 105, 173, 176,185, 193 of BNSS are
important.

 Section105 –Recording of Search and Seizure through

Audio – Video electronic means.

 Section 173 – Information in cognizable offences (FIR).

 Section 176 – Procedure for investigation.

 Section 185 – Search by Police Officer without warrant.

 Section 193 – Police Report (Charge Sheet).

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Thank
you

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