Explainer | What Is “Investigation” Under Bharatiya Nagarik Suraksha Sanhita (BNSS)? Meaning, Procedure & Case Laws

Under the Bharatiya Nagarik Suraksha Sanhita, 2023 ( hereinafter called as BNSS), which is India’s new criminal procedure code replacing the old CrPC, the term “investigation” has a specific legal meaning and scope. The very term Investigation is defined in Section – 2(1)(L) of the BNSS as:

“Investigation includes all the proceedings under this Sanhita for the collection of evidence conducted by the police officer or by any person (other than a Magistrate) who is authorised by a Magistrate in this behalf.”

Hon’ble Supreme Court in the case of H.N. Rishbud and Inder Singh v. State of Delhi [(1955) 1 SCR 1150, 1157-58] has described, the procedure, for investigation as follows:

The investigation consists of generally the following steps-

(1)Proceeding to the spot,
(2) Ascertainment of the facts and circumstances of the case,
(3) Discovery and arrest of the suspected offender,
(4) Collection of evidence relating to the commission of the offence which may consist of  –

(a) the examination of various persons (including the accused) and the reduction of their statements into writing, if the officer thinks fit,

(b) the search of places or seizure of things considered necessary for the investigation and to be produced at the trial, and

 (5) formation of the opinion as to whether on the material collected there is a case to place the accused before a Magistrate for trial and if so taking the necessary steps for the same by the filing of a charge-sheet under Section 173 CRPC (Now Section – 193 BNSS).

An investigation by a police officer generally begins with the recording of information regarding an offence which generally called as F.I.R. Investigation, in substance, means collection of evidence relating to the commission of the offence. The Investigating Officer is, for this purpose, entitled to question persons who, in his opinion, are able to throw light on the offence which has been committed and is likewise entitled to question the suspect and is entitled to reduce the statements of persons questioned by him to writing. He is also entitled to search the place of the offence and to search other places with the object of seizing articles connected with the offence.

It is a process which is primarily aimed at the ascertainment of facts and circumstances surrounding an alleged crime and involves the police officer proceeding to the spot of occurrence to collect evidence and ends with the formation of an opinion as to whether, on the basis of the material collected, there is a case to place the accused before a Magistrate for trial and, if so, taking the necessary steps for the same by filing a charge-sheet.

This Section– 2(1)(L) of the BNSS defining the Investigation also provides an Explanation given as below-

“Where any of the provisions of a special Act are inconsistent with the provisions of this Sanhita, the provisions of the special Act shall prevail.”

This Explanation underscores the application of the well-established doctrine of generalia specialibus non derogant, which signifies that a special law prevails over a general law. The underlying rationale of this Explanation is rooted in the legislative presumption that, when Parliament enacts a special statute to govern a particular subject-matter or situation, it does so with focused and deliberate intent. Such a special enactment is therefore intended to operate as a self-contained and exhaustive code within its specific field, and its provisions are not to be diluted or overridden by the more general framework of the Sanhita.

Advocate Chandrasen Yadav
Allahabad High Court
B.Sc & LL.B from Allahabad University
LL.M from Central University Of Punjab
Lucknow