BNSS 2023 vs CrPC 1973: Exhaustive Phase 4 Mapping (Sections 173-226)

BNSS Phase 4: Sections 173 to 226

Information to Police & Powers to Investigate (Chapter XIII & XIV)

CrPC Provision/Section Details BNSS Status & Detailed Changes
Chapter XIII: Information to the Police and Investigation
154 Information in cognizable cases (FIR) 173 Revolutionary: Zero FIR allowed. e-FIR introduced; Preliminary Inquiry (3-14 days) mandated.
155 Information in non-cognizable cases 174 No investigation without Magistrate's order.
156 Police power to investigate cognizable case 175 Power to investigate without Magistrate's order.
157 Procedure for investigation 176 NEW Forensics mandatory for crimes punishable by 7+ years.
158 Report how submitted 177 Submission through superior officer.
159 Power to hold investigation/preliminary inquiry 178 Magistrate's oversight on police reports.
160 Police power to require attendance of witnesses 179 Age limit for station attendance: < 15 or > 60 years.
161 Examination of witnesses by police 180 Audio-Video recording of statements allowed.
162 Statements not to be signed 181 Use of statements in evidence limited to contradiction.
163 No inducement to be offered 182 Prohibition of threats or promises.
164 Recording of confessions and statements 183 Audio-video recording mandated for certain offences.
164A Medical examination of victim of rape 184 Report must be sent to Magistrate within 48 hours.
165 Search by police officer 185 Mandatory Videography of search.
166 When officer-in-charge may require another 186 Search beyond local limits.
167 Procedure when investigation > 24 hours 187 Police custody (15 days) can be spread over 40/60 days.
172 Case Diary 192 Must be updated daily; digitally allowed.
173 Report of police officer (Charge Sheet) 193 NEW 90-day timeline; Inform victim of progress.
Chapter XIV: Jurisdiction of Criminal Courts (197-210)
177 Ordinary place of inquiry and trial 197 Trial where offence was committed.
178 Place of inquiry or trial (uncertain) 198 Where any part of offence took place.
188 Offence committed outside India 208 Inquiry with prior sanction of Central Govt.
Chapter XV & XVI: Cognizance & Complaints (211-226)
190 Cognizance of offences by Magistrates 210 Power to take cognizance on FIR/Complaint.
195 Prosecution for contempt of lawful authority 215 Complaints must be in writing by public servant.
197 Prosecution of Judges and Public Servants 218 NEW 120-day limit for Govt to decide on Sanction.
198 Prosecution for offences against marriage 219 Complaint by aggrieved person.
200 Examination of complainant 223 Magistrate must examine on oath.
202 Postponement of issue of process 225 Mandatory inquiry for accused living outside jurisdiction.

📊 Phase 4 Summary

Covers Investigation, Jurisdiction, and Cognizance (Sections 173-226).

  • E-Investigation: Introduction of e-FIR and audio-video recording for statements and searches.
  • Forensic Mandate: Forensic evidence is now compulsory for serious crimes (7+ years).
  • Timelines: Preliminary inquiry must finish in 14 days; Sanction for public servants in 120 days.
  • Victim Rights: Police must inform the victim of the investigation progress within 90 days.

⚡ Critical Section Shifts

FIR (Information): 154 CrPC → 173 BNSS
Charge Sheet: 173 CrPC → 193 BNSS
Confessions: 164 CrPC → 183 BNSS

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