Explanation of Section 173 of Bharatiya Nagarik Suraksha Sanhita, 2023
This section explains how information about a cognizable offence (a serious offence where the police can arrest without prior approval) should be given to the police and how they should handle it.
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1. How to give information about a cognizable offence?
A person can give information to the officer in charge of a police station in two ways:
(i) Orally (by speaking)
If someone gives information orally, the police officer must write it down.
After writing, the officer must read it out to the informant.
The informant must sign it.
(ii) By electronic communication (e.g., email, SMS, online portal, etc.)
The police officer must record it.
The informant must sign it within three days for it to be considered valid.
The officer will enter it in a special book as per government rules.
Example:
Suppose Ramesh sees a robbery happening near his house. He can go to the police station and tell the officer. The officer will write it down and ask Ramesh to sign it.
If Ramesh sends an email about the incident, he must visit the police station within three days to sign the report.
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2. Special provisions for women and disabled persons
If a woman reports an offence related to crimes like rape, sexual assault, or harassment (as mentioned in sections 64 to 79 and 124 of Bharatiya Nyaya Sanhita, 2023), her statement must be recorded by a woman police officer.
If the victim is mentally or physically disabled, the statement must be:
Taken at their home or a place of their choice.
Recorded in the presence of an interpreter or special educator (if needed).
Videographed for accuracy.
Sent to a Magistrate as soon as possible.
Example:
If Priya, a disabled woman, is harassed in a public place and wants to report it, she doesn’t have to visit the police station. The police will come to her home, record her statement in the presence of an interpreter if needed, and make a video of it.
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3. Informant/Victim gets a free copy of the report
After recording the information, the police must give a free copy to the informant or the victim.
Example:
If Aman reports a case of fraud, the police must give him a copy of his complaint without asking for any fee.
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4. When can the police conduct a preliminary enquiry before investigation?
If the crime has a punishment of 3 to 7 years, the officer must take prior approval from a Deputy Superintendent of Police (DSP) before investigating.
The police can:
1. Conduct a preliminary enquiry for up to 14 days to check if there is a valid reason to proceed.
2. Directly start the investigation if a valid case is found.
Example:
If Ravi complains about a fraud case where the punishment is less than 7 years, the police may first verify whether a real fraud took place before starting the full investigation.
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5. What if the police refuse to register a complaint?
If a police officer refuses to record the complaint, the person can:
1. Write the complaint and send it by post to the Superintendent of Police (SP).
2. If the SP finds it valid, they will order an investigation or investigate it personally.
3. If the SP also ignores it, the person can approach a Magistrate.
Example:
Suppose Sita reports a case of domestic violence, but the local police refuse to register it. She can write her complaint and send it to the SP. If the SP also does not act, she can go to the Magistrate and request action.
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Summary of Section 173
This section ensures that everyone, especially women
and disabled persons, gets a fair chance to report a crime and that police action is transparent and accountable.
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