Procedure Under BNSS to be Followed After Completion of Investigation

The transition from the Code of Criminal Procedure, 1973 (CrPC) to the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) marks a significant evolution in India's criminal justice system. While the core constitutional safeguards remain paramount, the procedural architecture governing police investigations and subsequent judicial processes has seen critical updates.

One of the most crucial junctures in any criminal prosecution is the stage immediately following the conclusion of an investigation. What happens after the police finish collecting evidence? How does the matter transition into a court of law?

This article provides an in-depth breakdown of the statutory procedure to be followed after the completion of an investigation under the BNSS, examining the submission of final reports, cognisance by Magistrates, rights of the accused, and protections accorded to victims.

1. Submission of the Police Report (Section 193 BNSS)

Under the CrPC, Section 173 governed the submission of the final report. Under the BNSS, this procedure is codified under Section 193.

Section 193(1) mandates that every investigation under Chapter XIII of the BNSS must be completed without unnecessary delay. Specific statutory timelines apply to sensitive matters—most notably, investigations into offences related to rape and child sexual offences must be completed within two months from the date the information was recorded by the officer in charge of the police station.

Form and Contents of the Final Report

Once the Investigating Officer (IO) completes their inquiry, they must forward a police report to the Magistrate empowered to take cognisance. Under Section 193(3) of the BNSS, the report must state:

The names of the parties;
The nature of the information;
The names of persons acquainted with the circumstances of the case;
Whether any offence appears to have been committed and, if so, by whom;
Whether the accused has been arrested;
Whether the accused has been released on bail (and with or without sureties);
Whether the accused has been forwarded in custody under Section 190 BNSS;
Whether the medical examination report of the woman has been attached (where the investigation relates to rape).

Depending on the findings, this final report generally takes one of two forms:

A Charge Sheet: Filed when the IO finds sufficient evidence establishing a prima facie case against the accused.
A Closure Report / Final Report: Filed when the IO finds insufficient evidence, concludes the dispute is of a purely civil nature, or determines that the allegation was false or untraceable (often categorised as 'A', 'B', or 'C' Summary in Maharashtra police practice).

Duty to Inform the Complainant and Victim

A notable provision in Section 193(3)(ii) of the BNSS mandates that the police officer must inform the progress of the investigation to the informant or victim within ninety days. This communication may be conveyed through electronic means, reflecting the BNSS’s broader emphasis on digitising criminal proceedings.

2. Forwarding Custody, Seized Articles, and Records

When a charge sheet is prepared, the police must comply with procedural handovers under Section 190 and Section 193(6) of the BNSS:

Accused in Custody or on Bail: If the accused is in custody, they must be produced before the Magistrate. If they are on anticipatory or regular bail, the IO notes this in the report.
Seized Evidence and Documents: All statements recorded under Section 180 BNSS (erstwhile Section 161 CrPC), confessions under Section 183 BNSS (erstwhile Section 164 CrPC), forensic analysis reports, panchnamas, electronic records (certified in terms of the Bharatiya Sakshya Adhiniyam, 2023), and weapons or contraband must be deposited with or forwarded to the Magistrate.

3. Judicial Scrutiny and Cognisance (Section 210 BNSS)

Upon receiving the police report under Section 193, the Magistrate does not mechanically register a case. The Magistrate exercises judicial application of mind under Section 210 of the BNSS (corresponding to Section 190 of the CrPC).

The Magistrate has three broad statutory options:

Option A: Taking Cognisance and Issuing Process

If the Magistrate finds sufficient ground to proceed based on the charge sheet and supporting material, they take cognisance of the offence. The Magistrate then issues process under Section 227 BNSS (summons or warrant depending on whether it is a summons-case or warrant-case) to secure the attendance of the accused.

Option B: Rejecting the Report / Directing Further Investigation

If the investigation appears incomplete, shoddy, or defective, the Magistrate can decline to accept the conclusions and may direct the police to conduct further investigation.

Option C: Procedure Upon a Closure Report (Protest Petition)

If the police submit a closure report stating that no offence is made out, the Magistrate cannot simply dismiss the matter in secret. The informant must be issued a notice. The complainant has the statutory right to file a Protest Petition, challenging the police closure report and praying that the Magistrate take cognisance under Section 210(1)(a) of the BNSS as a private complaint.

4. Supply of Copies to the Accused and Victim (Section 230 BNSS)

Fair trial jurisprudence hinges on the accused knowing the exact nature of the evidence mounted against them. Under Section 230 of the BNSS (corresponding to Section 207 of the CrPC):

The Magistrate must provide the accused—and crucially, the victim—with copies of the police report, the First Information Report (FIR), statements of witnesses recorded under Section 180 BNSS, confessions under Section 183 BNSS, and any other relevant document forwarded to the Magistrate.
Electronic Supply Allowed: Section 230 explicitly allows the supply of these documents in electronic form, unless supplying hard copies is deemed necessary in the interest of justice.

5. Further Investigation Under Section 193(9) of the BNSS

Under the old regime of Section 173(8) CrPC, police frequently initiated further investigations on their own volition without prior permission from the court.

Section 193(9) of the BNSS brings critical clarity to this mechanism. The police may still conduct further investigation even after forwarding a final report; however, modern jurisprudence and statutory interpretation under the BNSS require that the Investigating Officer must formally seek the permission of the Magistrate before embarking on further investigation. If fresh oral or documentary evidence is gathered, a supplementary report (supplementary charge sheet) must be submitted in the same prescribed format.

6. Practical Implications for Litigants in Mumbai and the MMR

For matters investigated across jurisdictions such as Mumbai, the Thane Police Commissionerate, or the Mira-Bhayandar-Vasai-Virar (MBVV) Commissionerate, these procedural changes demand heightened vigilance from both defence counsels and complainants:

For the Complainant: You are entitled to a 90-day progress report. If the police file a negative final report (summary closure), immediate legal intervention is needed before the local Metropolitan Magistrate or Judicial Magistrate First Class (JMFC) to file a Protest Petition.
For the Accused: The filing of the charge sheet is the definitive stage to seek regular bail (if not already granted), pursue statutory default bail under Section 187 BNSS if the investigation exceeded 60 or 90 days, apply for discharge under Section 250/262 BNSS, or approach the Bombay High Court under Section 528 BNSS (inherent powers) / Article 226 of the Constitution to quash an unfounded charge sheet.

Frequently Asked Questions (FAQs)

1. What happens if the police fail to file the charge sheet within 60 or 90 days under the BNSS?

If the police do not complete the investigation and submit the final report within the maximum period prescribed under Section 187 of the BNSS (generally 60 or 90 days, depending on the severity of the offence), the accused acquires an indefeasible right to default bail, provided they are ready to furnish bail.

2. Can the police carry out further investigation after filing a charge sheet without informing the Court?

No. Under Section 193(9) of the BNSS, while the right to unearth new evidence exists, the IO must obtain permission from the relevant Magistrate before conducting further investigation, preventing arbitrary and endless inquiries.

3. Can the Magistrate drop proceedings against the accused after the charge sheet is filed?

Once cognisance is taken, the Magistrate cannot simply "drop" proceedings without a statutory stage. The appropriate remedy for the accused is to argue for discharge at the stage of framing charges, demonstrating that the allegations are groundless or lack prima facie evidence.

4. Is the victim entitled to receive a copy of the charge sheet under the BNSS?

Yes. Section 230 of the BNSS provides for the supply of the police report and supporting documents not only to the accused but also to the victim/informant, which can be furnished electronically.

Need Legal Assistance with Criminal Proceedings?

Navigating the transition from the CrPC to the BNSS requires an accurate, up-to-date procedural strategy. Whether you are seeking to challenge an unjust charge sheet, oppose an improper closure report through a Protest Petition, or secure bail in courts across Mumbai, Thane, or Mira Road, APS Law provides clear, proactive, and committed criminal litigation support.

Contact APS Law today to schedule a confidential legal consultation regarding your case.