Section 177 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
Section 177: Report How Submitted
Section 177 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, outlines the procedure for submitting reports to a Magistrate under Section 176. It establishes a hierarchical review mechanism within the police force to ensure accountability and thoroughness in the investigative process.
Key Provisions of Section 177 BNSS, 2023
Submission Through Superior Officer:
Every report sent to a Magistrate under Section 176 must be submitted through a superior police officer designated by the State Government.
The State Government appoints this superior officer through a general or special order.
Instructions by Superior Officer:
The designated superior officer has the authority to give instructions to the officer in charge of the police station regarding the report.
These instructions must be recorded on the report.
Transmission to Magistrate:
After recording the instructions, the superior officer is responsible for transmitting the report to the Magistrate without delay.
Purpose and Importance
Ensuring Accountability: By mandating a review of reports by a superior officer, the provision aims to maintain a check on the quality and accuracy of reports submitted to the Magistrate.
Standardizing Procedures: The section helps standardize the process of report submission, ensuring consistency and adherence to prescribed protocols.
Facilitating Oversight: The involvement of superior officers allows for better oversight and guidance in the investigative process, potentially leading to more thorough and impartial investigations.(
Comparison with CrPC
Section 177 of the BNSS is analogous to Section 158 of the Indian Penal Code (IPC), which deals with the procedure for submitting reports to a Magistrate. Both provisions emphasize the importance of a structured chain of command in the submission of investigative reports.
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