Question
Under Section 193(1) of the Bharatiya Nagarik Suraksha
Sanhita (BNSS), 2023, when a subordinate police officer completes an investigation, to whom must they strictly submit the result of such investigation?Solution
The correct answer lies in Section 193 of the BNSS, 2023 (which corresponds to Section 168 of the repealed CrPC, 1973). Delegated Authority: An investigation is technically the responsibility of the Officer in Charge (often called the SHO - Station House Officer). When they depute a subordinate (like a Sub-Inspector or Assistant Sub-Inspector) to investigate, that subordinate is acting on behalf of the SHO. Reporting Protocol: A subordinate officer cannot bypass the SHO and file a report directly to the Magistrate or the Public Prosecutor. The law requires the subordinate to report back to the SHO first. The SHO's Role: Upon receiving this report, the Officer in Charge reviews it. •If it appears there is sufficient evidence, the SHO (not the subordinate) forwards the Final Report (Charge Sheet) to the Magistrate under Section 193(2) [formerly Section 173 CrPC]. •If the evidence is deficient, the SHO decides whether to close the case or order further investigation.
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