Procedure for investigation.
What this section does
Upon suspecting commission of an offence he is empowered to investigate, the officer in charge must forthwith send a report to the Magistrate and proceed (or depute a subordinate of prescribed rank) to the spot to investigate and, if necessary, arrest the offender. Exceptions exist where the accused is named and the case is not serious, or where there is no sufficient ground for investigation. For offences punishable with seven years or more, a forensic expert must visit the crime scene and the process must be videographed. Rape victim statements must be recorded at the victim's residence or chosen place, preferably by a woman officer in the presence of family or a social worker, and may be recorded through audio-video means.
AI-generated plain-language summary. For the binding statutory text, see India Code (official).
Procedure at a glance
- Key actors
- Officer in charge of police station · Subordinate police officer · Magistrate · Forensic expert · Woman police officer
- Time limit
- Forthwith (report to Magistrate and commencement of investigation); within 5 years from notified date (State Government to notify forensic expert requirement for 7+ year offences); fortnightly (daily diary report to Magistrate in non-investigation cases)
Practitioner note
The mandatory forensic expert visit for offences punishable with 7 years or more is a significant new addition under BNSS with no direct CrPC equivalent.
Derived from CrPC s.157.
Read the official text
For the binding statutory text of BNSS Section 176, refer to the Gazette of India or the India Code official website.
Why this matters
BNSS Section 176 forms part of Bharatiya Nagarik Suraksha Sanhita which replaced the Code of Criminal Procedure 1973 on 1 July 2024. Any new filing, FIR, charge sheet, or bail application made on or after that date should cite the new section number. References to the old act in legacy documents remain valid for matters that arose before the changeover.