INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE
CHAPTER XIII
173. Information in cognizable cases
174. Information as to non-cognizable cases and investigation of such cases
175. Police officer's power to investigate cognizable case
176. Procedure for investigation
177. Report how submitted
178. Power to hold investigation or preliminary inquiry
179. Police officer's power to require attendance of witnesses
180. Examination of witnesses by police
181. Statements to police and use thereof
182. No inducement to be offered
183. Recording of confessions and statements
184. Medical examination of victim of rape
185. Search by police officer
186. When officer in charge of police station may require another to issue search-warrant
187. Procedure when investigation cannot be completed in twenty-four hours
188. Report of investigation by subordinate police officer
189. Release of accused when evidence deficient
190. Cases to be sent to Magistrate, when Evidence Is Sufficient
191. Complainant and witnesses not to be required to accompany police officer and not to be subject to restraint
192. Diary of proceedings in investigation
193. Report of police officer on completion of investigation
194. Police to enquire and report on suicide, etc
195. Power to summon persons
196. Inquiry by Magistrate into cause of death
Based on Chapter XIII (Information to the Police and their Powers to Investigate) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), here are 30 smart preliminary-style questions designed to test your memory, logic, and practical understanding of sections 173 to 196.
Chapter XIII: Smart Prelims Practice Set
I. Memory & Fact-Based Questions
Q1. Under Section 173(1), information relating to a cognizable offence can be given to the police:
A) Only if the offence is committed within the local limits of that police station.
B) Irrespective of the area where the offence is committed.
C) Only if the informant is the victim.
D) Only in written form signed by two witnesses.
Q2. When information of a cognizable offence is given through electronic communication, within how many days must it be signed by the informant?
A) Twenty-four hours
B) Three days
C) Seven days
D) Fifteen days
Q3. According to Section 173(3), for which category of offences may an officer-in-charge conduct a preliminary enquiry to check for a prima facie case?
A) Offences punishable with imprisonment for less than 3 years.
B) Offences punishable with 3 years or more but less than 7 years.
C) Only offences against the State.
D) Only non-cognizable offences.
Q4. What is the maximum time limit prescribed for completing a preliminary enquiry under Section 173(3)?
A) 7 days
B) 14 days
C) 30 days
D) 60 days
Q5. Under Section 176(3), in cases of offences punishable for _____ or more, the officer-in-charge must cause a forensic expert to visit the crime scene.
A) 3 years
B) 5 years
C) 7 years
D) 10 years
Q6. Section 181(1) mandates that no statement made by any person to a police officer during investigation shall be:
A) Recorded in writing.
B) Signed by the person making it.
C) Used for any purpose whatsoever.
D) Recorded without a Magistrate's permission.
Q7. Which Magistrate is empowered under Section 183 to record confessions or statements?
A) Only the Magistrate having jurisdiction in the case.
B) Any Magistrate of the District.
C) Only a Chief Judicial Magistrate.
D) Any Executive Magistrate.
Q8. According to Section 184(1), a victim of rape must be sent to a registered medical practitioner for examination within _____ from receiving information of the offence.
A) 12 hours
B) 24 hours
C) 48 hours
D) Three days
Q9. Under Section 185(5), copies of search records must be sent to the nearest Magistrate within:
A) 24 hours
B) 48 hours
C) 72 hours
D) One week
Q10. What is the standard timeline for completing an investigation into sexual offences under Section 193(2)?
A) Within one month
B) Within two months
C) Within three months
D) Within six months
II. Understanding & Logic Based Questions
Q11. The term "Zero FIR" introduced in Section 173(1) implies that:
A) The police station has zero discretion to refuse registration.
B) An FIR can be lodged regardless of territorial jurisdiction.
C) No fees can be charged for the FIR.
D) The FIR is null and void if not investigated within zero days.4
Q12. Evaluate these statements regarding the use of statements to police (Section 181):
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Statement I: A statement to the police can be used by the prosecution to corroborate a witness.
-
Statement II: It can be used by the accused to contradict such a witness.
Which is correct?
A) Only I
B) Only II
C) Both I and II
D) Neither I nor II
Q13. Why does Section 183(3) prohibit the detention of a person in police custody if they are unwilling to make a confession?
A) To ensure confessions are purely voluntary.
B) Because the Magistrate has no power to remand.
C) Because police custody is prohibited before trial.
D) Only if the person is a woman or a child.
Q14. Logical Application: Under Section 179, a man aged 62 years is called by a police officer to the station to give evidence. What is the legal position?
A) He must attend because he is a citizen.
B) He is not required to attend at any place other than his residence.
C) He must attend only if he is an accused.
D) He must attend only if the case involves a murder.
Q15. Assertion (A): Videography of search and seizure is now mandatory under Section 185.
Reason (R): This prevents allegations of evidence planting and ensures transparency.
A) Both A and R are true, and R explains A.
B) Both A and R are true, but R does not explain A.
C) A is true, R is false.
D) A is false, R is true.
Q16. Under Section 187(2), the Magistrate may authorize detention for a term not exceeding 15 days in whole or in parts during the initial _____ days of the total detention period.
A) 15 or 30 days
B) 40 or 60 days
C) 60 or 90 days
D) 90 or 120 days
Q17. Section 174(4) states that if a case relates to two offences, one cognizable and one non-cognizable, the case shall be deemed:
A) Non-cognizable.
B) Cognizable.
C) Compounded.
D) Void.
Q18. Regarding "Further Investigation" under Section 193(9), which is true?
A) The Magistrate can conduct it personally.
B) It requires permission from the Court trying the case.
C) It must be completed within 30 days.
D) It can only be done before the chargesheet is filed.
Q19. Under Section 194, an inquest report prepared by the police must be signed by:
A) Only the police officer.
B) The police officer and two or more respectable inhabitants of the neighborhood.
C) The police officer and the nearest Judicial Magistrate.
D) The victim's family members only.
Q20. Logic Check: Does Section 183(6)(b) mean that a mentally disabled rape victim needs to testify again during the trial if their statement was already recorded by a Magistrate?
A) Yes, always.
B) No, the recorded statement is considered a statement in lieu of examination-in-chief.
C) Only if the defense requests it.
D) Only if the Magistrate has retired.
III. Problem-Solving & Analytical Questions
Q21. 'A' reports a cognizable offence via WhatsApp to an SHO. The SHO records it but 'A' fails to visit the station to sign it for five days. What is the legal status of this information?
A) It is a valid FIR.
B) It is void because it wasn't signed within three days.
C) It will be treated as information in a non-cognizable case.
D) It must be deleted from the record.
Q22. During an investigation of an offence punishable with 4 years' imprisonment, the DSP refuses to give permission for a preliminary enquiry. Can the IO still conduct it?
A) Yes, IO has inherent power.
B) No, prior permission from an officer not below the rank of DSP is mandatory.
C) Yes, if the informant insists.
D) Only with DM's permission.
Q23. A police officer recording the statement of a disabled person under Section 173(1) fails to videograph the process. What is the consequence?
A) The statement is still fully admissible.
B) The officer has violated a mandatory proviso of the Sanhita.
C) The case must be dismissed.
D) The person must be arrested for not cooperating.
Q24. Analytical: A medical practitioner examines a rape victim but sends the report to the IO after 15 days. Has he complied with Section 184?
A) Yes, 15 days is reasonable.
B) No, the report must be forwarded within seven days.
C) Yes, as long as it is sent before the trial.
D) No, it must be sent within 24 hours.
Q25. 'X' is arrested and the investigation cannot be completed in 24 hours. The IO, a Head Constable, brings 'X' before a Magistrate for remand. Is this legal?
A) Yes, any police officer can do so.
B) No, the officer must not be below the rank of Sub-Inspector.
C) Only if the Magistrate permits.
D) Only in petty cases.
Q26. Under Section 193(3)(ii), by which mode should a police officer inform the victim of the progress of the investigation?
A) Only through physical post.
B) By any means, including electronic communication.
C) Only through a public notice.
D) Only through the Public Prosecutor.
Q27. 'B' dies in police custody. Under Section 196(2), who must hold an inquiry into the cause of death?
A) The Superintendent of Police.
B) The District Magistrate.
C) The Judicial Magistrate within whose jurisdiction the offence was committed.
D) A committee of five respectable citizens.
Q28. A Magistrate holding an inquest under Section 196 wants to examine a body that has already been buried. Can he do so?
A) No, it is a religious violation.
B) Yes, he may cause the body to be disinterred and examined.
C) Only with the family's written consent.
D) Only with the High Court's permission.
Q29. Under Section 178, if a Magistrate receives a report under Section 176 and thinks fit, he may immediately:
A) Dismiss the case.
B) Proceed to hold a preliminary inquiry.
C) Arrest the suspect himself.
D) Order a forensic audit.
Q30. True or False: According to Section 181, an omission in a police statement can never amount to a contradiction.
A) True.
B) False (An omission can amount to a contradiction if it appears significant and relevant).
Answer Key
1-B, 2-B, 3-B, 4-B, 5-C, 6-B, 7-B, 8-B, 9-B, 10-B, 11-B, 12-B, 13-A, 14-B, 15-A, 16-B, 17-B, 18-B, 19-B, 20-B, 21-B, 22-B, 23-B, 24-B, 25-B, 26-B, 27-C, 28-B, 29-B, 30-B.
BONUS- READY RECKONER
This "Master Investigator’s Blueprint" is a creative ready reckoner for Chapter XIII (Sections 173–196) of the BNSS, 2023. It organizes the complex investigative process into a logical sequence of "Tech-First" and "Victim-Centric" milestones.
Phase 1: The Alert (Filing Information)
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The Any-Mode FIR (S. 173): Information on cognizable crimes can be given orally or via electronic communication.
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The 3-Day Signature Rule: If sent electronically, the informant must sign it within three days to make it official.
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The Zero FIR Concept: Police must record information irrespective of where the crime happened.
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The Filter (Preliminary Enquiry): For offences punishable by 3–7 years, the SHO can conduct a preliminary enquiry (with DSP permission) to see if a prima facie case exists. This must be wrapped up in fourteen days.
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Free for All: A copy of the FIR must be given to the informant or victim free of cost.
Phase 2: The Assessment (Forensics & Fieldwork)
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The "Forensic First" Rule (S. 176): For any crime punishable by 7 years or more, a forensic expert must visit the scene to collect evidence.
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The Digital Eye: The forensic collection process must be videographed (even on a mobile phone).
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Victim Privacy: In sexual offences, statements are recorded at the victim’s residence (or choice) by a woman officer and must be videographed.
Phase 3: The Gathering (Witnesses & Statements)
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The Attendance Pass (S. 179): Police can order witnesses to attend, but there are Home-Stay Exceptions:
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Males under 15 or over 60.
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Women of any age.
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Mentally/physically disabled or acutely ill persons.
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These groups cannot be required to attend any place other than their residence.
-
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The Recording Seal (S. 181): Statements to police are not signed and generally cannot be used as evidence, except to contradict a witness later.
Phase 4: The Validation (Magisterial Recording)
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Confessions (S. 183): A Magistrate (even without jurisdiction) can record voluntary confessions, explaining they can be used as evidence.
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The Disability Safeguard: If a rape victim is disabled, their statement must be recorded by a Magistrate with an interpreter and videographed. This recorded statement acts as the examination-in-chief for the trial.
Phase 5: The Lab & Remand Clock
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The 24-Hour Medical Window (S. 184): Rape victims must be sent for medical exam within 24 hours. The doctor must forward the report to the IO within seven days.
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Search Protocol (S. 185): Police searches must be recorded via audio-video electronic means.
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The Flexi-Remand (S. 187): If the investigation isn't done in 24 hours, the person goes to a Magistrate. The 15-day police custody can now be taken in parts during the initial 40 or 60 days of the total detention period.
Phase 6: The Delivery (Final Report/Chargesheet)
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The 2-Month Deadline (S. 193): Investigations into specific sexual offences (and POCSO) must be completed within two months.
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The 90-Day Update: Police must inform the victim of the investigation’s progress within ninety days (can be via electronic means).
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Electronic Custody: The report must now include a "sequence of custody" for any electronic devices seized.
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Further Investigation: Can be done even after the report is filed. During trial, it needs Court permission and must be finished in 90 days (extendable by Court).
Phase 7: The Final Inquest (Death Inquiries)
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Police Inquest (S. 194): IO investigates suicides or suspicious deaths, involving two "respectable inhabitants" to sign the report.
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The Mandatory Judicial Inquest (S. 196): If someone dies, disappears, or is raped in custody, an inquiry must be held by a Judicial Magistrate having jurisdiction.
Quick Memory Trick: "The 2-2-7-9 Rule"
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2 Months: To finish sexual offence investigations.
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2 Respectable locals: To witness search or inquest.
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7 Days: For a medical practitioner to send the rape exam report.
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90 Days: To update the victim on investigation progress.
Based on Chapter XIII (Information to the Police and their Powers to Investigate) and Chapter XIV (Jurisdiction of the Criminal Courts in Inquiries and Trials) of the BNSS, 2023, here are 20 high-quality, statement-based, and problem-solving preliminary examination questions.
Statement-Based Questions
Q1. Consider the following statements regarding the registration of an FIR under Section 173:
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Statement I: Information relating to a cognizable offence can be given orally or by electronic communication irrespective of the area where the offence is committed.
-
Statement II: If information is given by electronic communication, it must be signed by the informant within three days for it to be taken on record.
Which of the statements is/are correct?
A) Only I
B) Only II
C) Both I and II
D) Neither I nor II
Q2. Regarding "Preliminary Enquiry" under Section 173(3), evaluate these statements:
-
Statement I: It can be conducted for offences punishable with 3 years or more but less than 7 years.
-
Statement II: The enquiry must be completed within 14 days to ascertain if a prima facie case exists.
Which is correct?
A) Only I
B) Only II
C) Both I and II
D) Neither I nor II
Q3. Consider the following statements about forensic evidence under Section 176(3):
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Statement I: Forensic experts must visit the crime scene for all cognizable offences.
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Statement II: The forensic expert's visit and the evidence collection process must be videographed using a mobile phone or electronic device.
Which is correct?
A) Only I
B) Only II
C) Both I and II
D) Neither I nor II
[Note: Forensic visit is mandatory for offences punishable for 7 years or more.]
Q4. Evaluate the following regarding the attendance of witnesses under Section 179:
-
Statement I: A male person above sixty years of age cannot be required to attend at any place other than his residence.
-
Statement II: A person with acute illness is exempted from attending at a police station.
Which is correct?
A) Only I
B) Only II
C) Both I and II
D) Neither I nor II
Q5. Consider the following regarding the recording of confessions under Section 183:
-
Statement I: Any Magistrate (whether having jurisdiction or not) can record a confession during an investigation.
-
Statement II: The confession may be recorded by audio-video electronic means in the presence of the advocate of the accused.
Which is correct?
A) Only I
B) Only II
C) Both I and II
D) Neither I nor II
Q6. Regarding the medical examination of a rape victim (Section 184):
-
Statement I: The woman must be sent to a registered medical practitioner within 24 hours of receiving information of the offence.
-
Statement II: The doctor must forward the report to the Investigating Officer (IO) within 7 days.
Which is correct?
A) Only I
B) Only II
C) Both I and II
D) Neither I nor II
Q7. Evaluate these statements on police searches under Section 185:
-
Statement I: A police officer may search a place if they believe evidence cannot otherwise be obtained without undue delay.
-
Statement II: The search record must be sent to the nearest Magistrate within 48 hours.
Which is correct?
A) Only I
B) Only II
C) Both I and II
D) Neither I nor II
Q8. Regarding "Further Investigation" under Section 193(9):
-
Statement I: The police can conduct further investigation after filing the final report even without Court permission.
-
Statement II: Once charges are framed, the Magistrate can no longer suo motu direct further investigation. Which is correct?
A) Only I
B) Only II
C) Both I and II
D) Neither I nor II
Q9. Consider the following regarding Judicial Inquests under Section 196:
-
Statement I: A Judicial Magistrate must hold an inquiry if a person dies or is raped while in police custody.
-
Statement II: If the body has already been buried, the Magistrate has no power to disinter it for examination.
Which is correct?
A) Only I
B) Only II
C) Both I and II
D) Neither I nor II
[Note: S. 196(4) allows disinterment.]
Q10. Regarding jurisdiction under Section 202 for offences via electronic means:
-
Statement I: Cheating via electronic communication can be tried by the Court where the message was sent or received.
-
Statement II: Cheating involving dishonest induction of property can be tried where the property was delivered.
Which is correct?
A) Only I
B) Only II
C) Both I and II
D) Neither I nor II
Problem-Solving Questions
Q11. 'A' sends an email reporting a murder to an SHO. The SHO records it but 'A' does not sign it until four days later. According to Section 173(1), what is the status of this FIR?
A) It is valid from the moment of the email.
B) It is void because it wasn't signed within three days.
C) It will be treated as a non-cognizable report.
D) It only becomes valid if a Magistrate condones the delay.
Q12. An investigation into a gang rape case (S. 70 BNS) was recorded by the police on June 1st. By what date must the investigation be completed under Section 193(2)?
A) July 1st
B) August 1st (Two months)
C) September 1st
D) Within 90 days
Q13. 'B' is arrested for a crime punishable by 10 years' imprisonment. The IO wants police custody. Under Section 187(2), the Magistrate may grant 15 days of police custody:
A) Only during the first 15 days of arrest.
B) In one single stretch of 15 days only.
C) In parts at any time during the initial 60 days of the total detention period.
D) Only with the permission of the High Court.
Q14. A Magistrate receives a complaint against a public servant for an act done in the discharge of official duties. Under Section 175(4), what must the Magistrate do before ordering an investigation?
A) Wait for the public servant to resign.
B) Receive a report from the public servant's superior and consider the public servant's assertions.
C) Obtain sanction from the Governor immediately.
D) Order the arrest of the public servant first.
Q15. During a search under Section 185, the IO records the process on his mobile phone but forgets to send the recording to the Magistrate for three days. Is this a violation of the Sanhita?
A) No, as long as it is sent within a week.
B) Yes, Section 105 (applicable via S. 185) requires it to be sent "without delay".
C) No, videography is optional.
D) Yes, but only if the search was conducted at night.
Q16. A witness, 'W', is 65 years old. The police officer issues a written order for 'W' to appear at the police station to give a statement. 'W' refuses to leave his house. Is 'W's refusal legal?
A) No, everyone must attend when ordered by police.
B) Yes, because males over sixty years cannot be required to attend any place other than their residence.
C) No, but only if he is a relative of the accused.
D) Yes, but only if he is acutely ill.
Q17. 'X' is accused of cheating 'Y' through a series of WhatsApp messages sent from Mumbai and received in Delhi. 'Y' delivered the money in Jaipur. Where can 'X' be tried under Section 202?
A) Only in Mumbai.
B) Only in Delhi.
C) In Mumbai, Delhi, or Jaipur.
D) Only in the State where 'X' resides.
Q18. A police officer recording a statement of a mentally disabled rape victim fails to videograph it. What is the legal consequence under Section 173(1)?
A) The statement is still valid if signed by the victim.
B) The officer has violated a mandatory procedural requirement.
C) Videography is only required if the victim is a minor.
D) The case is automatically dismissed.
Q19. 'Z' dies in a road accident involving a police vehicle. The police conduct an inquest under Section 194. Does this satisfy the requirement of Section 196?
A) Yes, police inquest is sufficient for accidents.
B) No, because deaths "in custody" (or involving police custody situations) require a mandatory inquiry by a Judicial Magistrate.
C) Only if the family requests a Magistrate.
D) Yes, unless the accident was intentional.
Q20. An IO wants to record the statement of a victim of a sexual offence at 11:00 PM. The victim wants it recorded at her friend's house. What is the IO's duty under Section 176(1)?
A) The IO must record it at the police station for security.
B) The IO must record it at the residence of the victim or a place of her choice.
C) The IO must wait until the next morning.
D) The IO can only record it in the presence of a Magistrate.
Answer Key
1-C, 2-C, 3-B, 4-C, 5-C, 6-C, 7-C, 8-C, 9-A, 10-C, 11-B, 12-B, 13-C, 14-B, 15-B, 16-B, 17-C, 18-B, 19-B, 20-B.