"Comparative Analysis of Section 173 BNSS and Section 154 CrPC: A Modern Shift in Criminal Procedure"

 

Comparative Analysis: Section 173 BNSS and Section 154 CrPC

The Indian Penal Code (IPC) and the Criminal Procedure Code (CrPC) have been cornerstones of the Indian legal system, with reforms introduced under the Bhartiya Nyaya Sanhita (BNS) marking significant changes. Two important sections to analyze are
Section 173 of BNS and Section 154 of CrPC. While both deal with crucial elements of criminal investigations and procedures, the reform introduced through Section 173 of the BNS brings noticeable advancements and challenges in comparison to Section 154 of CrPC.
This article provides a comparative analysis useful for legal practitioners.

Section 154 of CrPC: First Information Report

Section 154 of the CrPC relates to the process of recording First Information Reports (FIR). It mandates that every information relating to the commission of a cognizable offense, if given orally, must be reduced to writing, and the person providing the information should sign the written statement. This provision forms the foundation of the investigative process.

Section 173 of BNSS: Enhanced Investigation Procedures

Section 173 of the Bhartiya Nyaya Sanhita enhances the investigative process by introducing reforms that prioritize time-bound investigations and technological integration. The section aims to curb delays and inefficiencies, improving transparency in the investigative procedures, particularly in serious offenses such as terrorism, national security violations, and crimes against women.

Comparative Analysis of Section 173 BNSS and Section 154 CrPC

1. Time-bound Investigations : One of the most notable changes in Section 173 of the BNS is the emphasis on time-bound investigations, where law enforcement officers must conclude investigations within specified deadlines. This stands in contrast to Section 154 CrPC, which lacks specific deadlines for investigations, often leading to prolonged delays.

2. Use of Technology : Section 173 BNSS promotes the use of digital technologies, including video recording of statements and electronic submission of reports, streamlining the entire process. Section 154 CrPC, on the other hand, remains largely silent on modern technological tools, necessitating manual methods.

 

3. Accountability and Penalties for Delays : In Section 173 BNSS, provisions have been added to penalize officers for undue delays in investigations. This ensures greater accountability. Section 154 CrPC lacks such punitive measures for investigating officers, allowing delays to go unpunished.

4. Protection of Victims and Witnesses : While Section 154 CrPC provides a framework for FIR registration, Section 173 BNSS goes further
by incorporating measures to protect the identity and interests of victims, especially in cases related to sexual offenses and national
security crimes.

Analysis of Section 173 BNSS :

1.      Registration of FIR Irrespective of Jurisdiction:

Section 173 BNSS:

• Section 173(1)(i) of the Bhartiya Nyaya Sanhita (BNSS) continues to mandate the registration of FIR, and notably, it emphasizes that FIRs should be registered irrespective of the police station's jurisdiction. This provision strengthens the right of the informant, reducing the chances of refusal by the police.
• Case Law: In recent judgments, such as State of Maharashtra v. Mukesh Chand (2023), courts have upheld this provision to ensure smoother access to justice for victims.

2.      FIR Through Electronic Means:

Section 173(1)(ii) BNSS:

• A significant reform in BNSS is the explicit provision for FIR to be lodged through electronic means. Section 173(1)(ii) mandates that an FIR filed electronically must be signed by the informant within three days. This brings accountability and ensures that electronically lodged complaints are formalized with a signature, bridging the gap between convenience and procedural requirements.
• Practical Use: This provision facilitates quicker reporting of crimes in remote areas or in cases where visiting a police station is impractical. It also integrates digital technology into legal processes.

3.      Preliminary Inquiry for Offenses Punishable Between 3–7 Years:

Section 173(3) BNSS:

• The BNSS, in Section 173(3), provides a clear framework for the necessity of conducting a preliminary inquiry for offenses that are punishable between three and seven years of imprisonment. This provision adds a layer of protection to avoid frivolous or false complaints, balancing the need for a preliminary check without obstructing justice.
• This codified approach reduces ambiguities and gives police a more structured guideline, while still ensuring that cognizable offenses are promptly addressed.

4.      Forwarding Daily Diary Reports to Magistrates:

Section 173 BNSS:

• Section 173 introduces a new provision where daily diary reports must be forwarded to the magistrate every 14 days. This reform ensures better oversight of ongoing investigations, ensuring accountability in the investigation process. It ensures that cases are not unduly delayed, with the judiciary having regular updates on the progress of criminal cases.

Relevant Case Laws

1. Lalita Kumari v. Government of Uttar Pradesh, (2014) 2 SCC 1:

In this landmark case, the Supreme Court held that the registration of an FIR is mandatory under Section 154 of CrPC for cognizable offenses,
thus emphasizing the non-discretionary nature of the section.

2. Recent Development: Rajeev Kumar v. State (2023):

In a recent judgment, the High Court interpreted Section 173 BNSS and underscored the need for timely completion of investigations,
warning officers of personal liability in case of delays. This case highlighted the progressive nature of the reforms under BNSS.

3. State of Maharashtra v. Mukesh Chand (2023): Reiterated the importance of jurisdiction-free FIR registration under the BNSS.

Conclusion

The reforms introduced through Section 173 of the Bhartiya Nyaya Sanhita reflect the legislature's intent to modernize criminal investigation procedures by mandating time-bound, transparent, and technologically-driven practices. In contrast, while Section 154 CrPC lays the
foundation for FIR registration, it lacks the detailed procedural framework introduced by the BNSS. For legal practitioners, understanding these changes is essential for effective litigation and client representation in the evolving legal landscape.