Section 177 of BNSS, 2023 — Report How Submitted

Introduction

Section 177 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the manner in which a police report made under Section 176 is to be submitted to the Magistrate.

The provision is short, but its purpose is important. It permits the State Government to prescribe an additional channel of submission by requiring the report to pass through a superior police officer before reaching the Magistrate.

Section 177 is therefore concerned not with the contents of the investigation report, but with its route of transmission from the investigating police officer to the Magistrate.

Meaning of Section 177

Section 177 provides that every report sent to a Magistrate under Section 176 shall, if the State Government so directs, be submitted through such superior officer of police as the State Government may appoint for this purpose.

In simple terms, where the State Government has issued the necessary direction, the investigating officer cannot send the report directly to the Magistrate. The report must first pass through the designated superior police officer.

The provision creates an administrative channel between the investigating police officer and the Magistrate without changing the Magistrate’s role in the criminal investigation process.

Statutory Basis

The main provision is:

Section 177, BNSS — Report how submitted

It operates in connection with Section 176, which deals with the procedure for investigation.

Section 176 provides the framework for the police investigation and the report contemplated under that provision. Section 177 regulates the manner in which that report is submitted.

Object and Purpose

The purpose of Section 177 is to provide administrative supervision over police reports submitted during investigation.

It enables the State Government to establish a system under which reports are scrutinised or routed through an appropriate superior police officer before being placed before the Magistrate.

This can help maintain:

• administrative supervision over investigation;
• uniformity in police reporting;
• accountability within the police hierarchy; and
• an organised channel of communication between the investigating police officer and the Magistrate.

However, Section 177 does not itself give the superior police officer judicial powers over the Magistrate or the criminal proceedings.

Essential Elements of Section 177

1. The Provision Applies to a Report Sent Under Section 176

Section 177 does not deal with every police report.

It specifically refers to every report sent to a Magistrate under Section 176.

Therefore, Section 177 must be read together with Section 176.

2. State Government Must Give a Direction

The requirement of submission through a superior police officer is conditional.

Section 177 uses the expression “if the State Government so directs”.

Therefore, the investigating officer is required to follow this additional channel only where the State Government has issued the relevant direction.

The provision does not create an automatic requirement that every investigation report must pass through a superior police officer.

3. Submission Through a Superior Police Officer

Where such a direction exists, the report must be submitted through a superior police officer appointed by the State Government for this purpose.

The superior officer functions as part of the prescribed administrative channel for transmission of the report.

4. Appointment May Be Made by General or Special Order

The State Government may appoint the superior police officer:

• by a general order, or
• by a special order.

A general order can establish the arrangement for a class or category of cases, while a special order can deal with a particular situation or case.

Procedure Under Section 177

The operation of Section 177 can be understood in a simple sequence:

Investigation is conducted → report is prepared under Section 176 → State Government direction is considered → if such direction exists, report is submitted through the designated superior police officer → report reaches the Magistrate.

If there is no applicable State Government direction, Section 177 does not require the report to pass through a superior police officer merely because Section 177 exists.

Role of the Superior Police Officer

The superior police officer’s role under Section 177 is primarily connected with the submission of the report.

The provision does not state that the superior police officer replaces the investigating officer or takes over the judicial functions of the Magistrate.

The officer acts as the designated link in the police hierarchy through which the report is transmitted where the State Government has prescribed such a procedure.

Powers and Duties

Duty of the Investigating Police Officer

Where the State Government has directed that reports must be submitted through a designated superior police officer, the investigating officer must follow that prescribed procedure.

The officer cannot disregard the statutory administrative channel.

Role of the State Government

The State Government has the power to determine whether reports should be submitted through a superior police officer.

It may make the necessary appointment through a general or special order.

Role of the Superior Police Officer

The superior police officer serves as the prescribed channel through which the report is submitted to the Magistrate.

The precise administrative functions of that officer may depend upon the order or directions issued by the State Government.

Role of the Magistrate

The Magistrate remains the judicial authority to whom the report is ultimately submitted.

Section 177 does not transfer the Magistrate’s functions to the superior police officer.

Important Distinction: Section 177 and Section 193

A common source of confusion is between Section 177 and Section 193 of BNSS.

Section 177

Section 177 deals with how a report under Section 176 is submitted.

Its focus is the channel of submission through a superior police officer where the State Government so directs.

Section 193

Section 193 deals with the report of the police officer on completion of investigation.

It contains the substantive framework concerning the report submitted after completion of investigation.

Therefore, Section 177 should not be confused with the final police report contemplated under Section 193.

Section 177 and CrPC

Section 177 of BNSS substantially corresponds to Section 158 of the Code of Criminal Procedure, 1973.

The basic principle has been retained: where the State Government so directs, a report sent to the Magistrate under the investigation provisions may be submitted through a superior police officer appointed by the State Government.

Thus, Section 177 is primarily a continuation of the earlier CrPC framework, rather than a completely new investigative mechanism.

Important Distinctions

Section 176 and Section 177

Section 176 deals with the procedure for investigation.

Section 177 deals with how the report under Section 176 is to be submitted when the State Government requires submission through a superior police officer.

Section 177 and Section 193

Section 177 concerns the prescribed route for submitting a report under Section 176.

Section 193 concerns the police report on completion of investigation.

These provisions operate at different stages and serve different procedural purposes.

Investigating Officer and Superior Police Officer

The investigating officer conducts the investigation and prepares the relevant report.

The superior police officer mentioned in Section 177 acts as the prescribed channel for submission where the State Government has issued the necessary direction.

The two roles should not be treated as identical.

Example

Suppose a police officer is conducting an investigation under Section 176.

The State Government has issued an order requiring reports under Section 176 to be submitted to the Magistrate through a designated superior police officer.

After preparing the report, the investigating officer must submit it through that superior officer rather than sending it directly to the Magistrate.

If no such State Government direction applies, Section 177 does not independently require submission through a superior police officer.

Case Law

Section 177 is a brief procedural provision and does not itself establish a substantial body of independent case law.

Judicial decisions interpreting the corresponding Section 158 of the CrPC may be relevant where the statutory framework remains substantially similar. However, such decisions should be applied cautiously to BNSS where the surrounding provisions or statutory scheme differ.

The principal legal point under Section 177 is straightforward: the State Government may prescribe a superior police officer through whom a report under Section 176 must be submitted to the Magistrate.

Relationship with BNS and BSA

Section 177 belongs to the procedural framework of the BNSS.

The Bharatiya Nyaya Sanhita, 2023 (BNS) determines the substantive criminal offences and their punishments.

The Bharatiya Sakshya Adhiniyam, 2023 (BSA) governs the law of evidence.

Section 177 itself is concerned only with the procedural transmission of a police report and does not determine whether a particular act constitutes an offence or whether particular evidence is admissible.

Common Confusions

Does Section 177 require every report to be submitted through a superior police officer?

No.

The requirement arises only if the State Government so directs.

Can the State Government appoint a superior police officer for this purpose?

Yes.

The State Government may appoint such an officer by general or special order.

Does the superior police officer take the place of the Magistrate?

No.

The superior police officer is part of the prescribed police reporting channel. The report is ultimately submitted to the Magistrate.

Does Section 177 deal with the final police report after completion of investigation?

Not primarily.

Section 177 deals with the manner of submission of a report under Section 176. The police report on completion of investigation is dealt with separately under Section 193.

Is Section 177 a new provision introduced by BNSS?

No.

It substantially continues the framework of Section 158 of the CrPC.

Important BNSS Provisions

• Section 176 — Procedure for investigation.
• Section 177 — Report how submitted.
• Section 178 — Power to hold investigation or preliminary inquiry.
• Section 193 — Report of police officer on completion of investigation.

Topic at a Glance

• Section: 177, BNSS
• Title: Report how submitted
• Corresponding CrPC provision: Section 158
• Main purpose: Regulates the manner in which a report under Section 176 is submitted to the Magistrate.
• Condition: The State Government must direct that the report be submitted through a superior police officer.
• Authority: State Government
• Officer: Superior police officer appointed by the State Government
• Mode of appointment: General or special order
• Nature: Procedural and administrative
• Important distinction: Section 177 is about the route of submission, not the substantive contents of the final police report under Section 193.

Quick Revision

• Section 177 BNSS deals with how a police report is submitted.
• It operates in connection with Section 176.
• The report is submitted to the Magistrate.
• It must pass through a superior police officer only if the State Government so directs.
• The State Government may make the appointment through a general or special order.
• Section 177 substantially corresponds to Section 158 CrPC.
• It is primarily an administrative reporting provision.
• It should not be confused with Section 193 BNSS, which deals with the police report on completion of investigation.
• The superior police officer does not replace the Magistrate.
• The key phrase to remember is: “if the State Government so directs.”

ALSO READ: Section 176 – Procedure for investigation

Conclusion

Section 177 of the BNSS provides a mechanism for regulating the submission of investigation reports to the Magistrate through the police hierarchy. Its operation depends upon a direction from the State Government, which may designate a superior police officer for this purpose.

The provision is therefore less concerned with the substance of investigation and more concerned with administrative supervision and the prescribed channel through which an investigation report reaches the Magistrate. It substantially retains the corresponding CrPC rule while fitting it into the investigation framework of the BNSS.