Delhi HCSupreme CourtNCLTNCLATCCIDRTRERADPDP 2023
BNSS 2023Chapter XIVCrPC: CrPC Section 156, 157

Section 53

Investigation by police — time limits

Information to the Police and their Powers to Investigate

Plain English Explanation

This section introduces firm time limits for completing police investigation — a major new feature of BNSS: (i) Offences punishable up to 3 years — investigation must be completed within 60 days. (ii) Offences punishable 3 to 7 years — 90 days. (iii) Offences punishable with more than 7 years (including life/death) — 1 year. Extensions are allowed by SP or CP for recorded reasons. For offences with 7+ years imprisonment, forensic examination of the crime scene is MANDATORY. The Magistrate must be informed daily of the investigation progress after arrest.

Legal Text

Bharatiya Nagarik Suraksha Sanhita, 2023 · Section 53

(1) Subject to the provisions of this section, every information received under section 51 shall be investigated by the officer in charge of the police station himself or by some other police officer not below such rank as the State Government may by general or special order prescribe in this behalf. (2) Any Magistrate empowered under section 190 may order such an investigation as above mentioned. (3) No Magistrate of the second or third class shall be competent to take cognizance of an offence until he has been specially empowered in this behalf. (4) The investigation shall be completed within sixty days if the offence is punishable with imprisonment for a period not exceeding three years. (5) The investigation shall be completed within ninety days if the offence is punishable with imprisonment for a period exceeding three years but not exceeding seven years. (6) The investigation shall be completed within one year in all other cases: Provided that the investigation may be extended by the Superintendent of Police or the Commissioner of Police for reasons to be recorded in writing. (7) Where in the course of investigation of an offence punishable with imprisonment for seven years or more, forensic examination of the scene of crime is required, a forensic expert shall visit the scene of crime and the forensic evidence shall be collected. (8) The officer in charge of a police station shall forthwith give information to a Magistrate empowered to take cognizance of such offence of the fact of the arrest of each person and shall thereafter daily inform the Magistrate of the details of the investigation until such person is discharged or a charge sheet is filed.

Keywords

investigation time limitpolice investigation60 days90 daysone yearforensic examinationmandatory forensicscharge sheetFIR investigation

Related Sections

CrPC Equivalent

CrPC Section 156, 157

View CrPC (Repealed) →

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