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Investigation Provisions — Sections 176–195
5.1 Investigation Timeline
BNSS introduces mandatory timelines:
| Stage | Time Limit | Provision |
|---|---|---|
| Chargesheet filing (person in custody) | 60 days | S.193(1) |
| Chargesheet filing (person not in custody) | 90 days | S.193(1) |
| Bail entitlement if chargesheet not filed | Day 61/91 | S.193(2) |
| Supplementary chargesheet | Further 60 days | S.193 |
5.2 Mandatory Forensic Investigation — Section 176
For offences punishable with 7 or more years imprisonment:
- Forensic expert must visit the crime scene
- Forensic evidence (fingerprints, DNA, ballistics) must be collected
- Audio-visual documentation of crime scene is mandatory
- This documentation becomes part of the chargesheet
Significance: Previously, forensic examination was at the discretion of the investigating officer. Many high-profile cases failed due to poor forensic evidence. BNSS S.176 mandates scientific investigation.
5.3 Medical Examination of Victim — Section 184
In cases of rape/sexual assault:
- Victim must be medically examined within 24 hours of reporting
- Examination by female registered medical practitioner (or a qualified male doctor with female attendant)
- Medical report must be sent to the Magistrate and police
- Examination cannot be delayed for any reason
New provision — Section 397: The hospital/clinic cannot refuse to examine rape victims and must provide free medical treatment.
5.4 Confession and Statement
Confession to police officer: Under Section 23 (BSA), a confession to a police officer is not admissible as evidence — this principle from old Evidence Act is retained.
Confession before Magistrate (Judicial Confession): Under Section 183, a Magistrate can record the confession of a person — this IS admissible if given voluntarily. Magistrate must ensure the person is not being coerced.
Statement to police during investigation: Under Section 180, statements recorded during investigation are not evidence by themselves but can be used to contradict witnesses who change their story in court.
