Section 188 of BNSS, 2023 — Report of Investigation by Subordinate Police Officer

Introduction

Section 188 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with the reporting duty of a subordinate police officer who conducts an investigation. When such an officer carries out an investigation under Chapter XIII of the BNSS, the result of that investigation must be reported to the officer in charge of the police station.

The provision ensures that investigation conducted by subordinate police personnel remains subject to the knowledge and supervision of the officer in charge of the police station. It also creates a clear chain of communication within the police investigation system.

Section 188 corresponds to Section 168 of the Code of Criminal Procedure, 1973. The wording of the provision is substantially retained under BNSS.

Meaning of Section 188

Section 188 provides that when a subordinate police officer conducts an investigation under the relevant Chapter of BNSS, that officer must report the result of the investigation to the officer in charge of the police station.

In simple terms, a subordinate police officer who investigates a case cannot keep the result of that investigation within his or her own authority. The outcome must be communicated to the officer responsible for the police station.

Statutory Basis

Section 188 of BNSS states:

“When any subordinate police officer has made any investigation under this Chapter, he shall report the result of such investigation to the officer in charge of the police station.”

The provision falls within Chapter XIII of BNSS, which deals with information to the police and their powers to investigate.

The immediately connected provisions include:

• Section 187 — Procedure when investigation cannot be completed in twenty-four hours.
• Section 188 — Report of investigation by subordinate police officer.
• Section 189 — Release of accused when evidence is deficient.
• Section 190 — Cases to be sent to Magistrate when evidence is sufficient.
• Section 192 — Diary of proceedings in investigation.
• Section 193 — Report of police officer on completion of investigation.

Object and Purpose

The principal purpose of Section 188 is to maintain supervision and accountability in police investigation.

The provision ensures that:

• the officer in charge of the police station remains informed about investigations conducted by subordinate officers;
• investigation is not carried out in isolation by subordinate personnel;
• the results of investigation are communicated through the established police hierarchy;
• the officer in charge can take appropriate further action on the basis of the investigation;
• the subsequent statutory steps concerning the accused and the investigation can be undertaken by the competent police authority.

Thus, Section 188 forms part of the internal supervisory structure of criminal investigation.

Nature and Scope

Section 188 is a procedural and mandatory reporting provision.

Its operation depends upon two basic circumstances:

1. A subordinate police officer has conducted an investigation under Chapter XIII of BNSS.
2. The result of that investigation has to be reported to the officer in charge of the police station.

The section does not itself prescribe a separate investigation procedure. Instead, it regulates the communication of the result of an investigation carried out by a subordinate police officer.

Essential Elements

1. Investigation by a Subordinate Police Officer

The provision applies when a subordinate police officer has made an investigation under the relevant Chapter of BNSS.

The section therefore presupposes that an investigation has actually been undertaken.

2. Investigation Must Fall Within the Relevant Chapter

The investigation contemplated by Section 188 is an investigation under Chapter XIII of BNSS, dealing with information to the police and police powers of investigation.

The provision should therefore not be treated as a general reporting requirement applicable to every activity performed by every police officer.

3. Reporting of the Result

The subordinate police officer must report the result of the investigation.

The statutory duty is therefore concerned with communicating the outcome of the investigation to the officer in charge.

4. Report to the Officer in Charge of the Police Station

The report must be made to the officer in charge of the police station.

The statutory chain is therefore between the subordinate investigating officer and the officer responsible for the police station.

Procedure

The operation of Section 188 can be understood in the following sequence:

1. A subordinate police officer undertakes an investigation under Chapter XIII.
2. The officer conducts the investigation in accordance with the applicable provisions of BNSS.
3. The officer arrives at the result of the investigation.
4. That result is reported to the officer in charge of the police station.
5. The officer in charge can then take the appropriate further action under the applicable provisions of BNSS.

Section 188 itself does not prescribe a particular format or separate time period for this report.

Powers and Duties

Duty of the Subordinate Police Officer

The subordinate police officer has a statutory duty to report the result of the investigation to the officer in charge of the police station.

The word “shall” indicates the mandatory character of this reporting requirement.

Role of the Officer in Charge

The officer in charge of the police station receives the result of the subordinate officer’s investigation.

This enables the officer in charge to exercise the responsibilities assigned to that officer under the subsequent provisions governing investigation, including the provisions concerning insufficient or sufficient evidence and submission of the case to the Magistrate.

Relationship with Sections 189 and 190

Section 188 should be understood together with Sections 189 and 190.

Section 188 and Section 189

Section 188 concerns the subordinate officer’s duty to report the result of investigation.

Section 189 deals with the situation where, after investigation, there is insufficient evidence or reasonable ground of suspicion to justify forwarding the accused to a Magistrate.

Thus, the reporting mechanism under Section 188 forms part of the investigative process preceding further action under Section 189.

Section 188 and Section 190

Section 190 applies where the investigation indicates that there is sufficient evidence or reasonable ground of suspicion to justify forwarding the accused to a Magistrate.

The officer in charge therefore plays an important role in determining the appropriate subsequent statutory course after receiving the investigative result.

Relationship with Section 193

Section 188 should not be confused with Section 193, which deals with the report of the police officer on completion of investigation.

Section 188 concerns the reporting of the result by a subordinate police officer to the officer in charge of the police station.

Section 193 deals with the report of the police officer on completion of investigation and the statutory requirements governing the report submitted after investigation is completed.

The two provisions operate at different stages and should not be treated as identical.

Important Distinction

Section 188 Report vs Final Police Report

A report under Section 188 is the reporting of the result of an investigation conducted by a subordinate police officer to the officer in charge of the police station.

It should not automatically be equated with the final police report submitted to the Magistrate after completion of investigation under Section 193.

The statutory purpose and recipient are different.

Subordinate Police Officer vs Officer in Charge

The subordinate police officer conducts the investigation contemplated by Section 188 and reports its result.

The officer in charge of the police station receives that report and performs the responsibilities assigned under the subsequent provisions of BNSS.

BNSS and CrPC

Section 188 of BNSS substantially continues the position contained in Section 168 of the CrPC, 1973.

Under Section 168 CrPC, a subordinate police officer who conducted an investigation was required to report its result to the officer in charge of the police station.

Under Section 188 BNSS, the same basic rule has been retained.

The principal change is therefore the renumbering of the provision from Section 168 of CrPC to Section 188 of BNSS, rather than a fundamental alteration of the reporting mechanism.

Relationship with BNS and BSA

The Bharatiya Nyaya Sanhita, 2023 (BNS) defines substantive criminal offences, while the BNSS provides the procedural framework for investigating and prosecuting those offences.

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

Section 188 is procedural in character. It regulates the communication of the result of an investigation by a subordinate police officer and does not itself determine the substantive offence or the general rules of admissibility of evidence.

Common Confusions

Does Section 188 require every police officer to submit an investigation report directly to the Magistrate?

No.

Section 188 specifically requires a subordinate police officer who has conducted an investigation under the relevant Chapter to report the result to the officer in charge of the police station.

Does Section 188 itself provide a separate time limit for submitting the report?

No.

The text of Section 188 does not prescribe a specific number of days or hours for making the report.

Is the report under Section 188 the same as the final police report?

No.

Section 188 concerns the reporting of the result of investigation by a subordinate police officer to the officer in charge. The final police report after completion of investigation is dealt with separately under Section 193.

Is Section 188 a new provision introduced by BNSS?

No.

Its corresponding provision under the CrPC was Section 168. The basic reporting requirement has been retained in BNSS as Section 188.

Example

A subordinate police officer is assigned to investigate a theft case. During the investigation, the officer examines relevant persons, collects material connected with the offence and reaches a conclusion regarding the investigation.

Under Section 188, the officer must report the result of that investigation to the officer in charge of the police station.

The subordinate officer does not independently substitute the statutory role of the officer in charge. The investigation result enters the police station’s supervisory process through the required report.

Topic at a Glance

• Topic: Report of investigation by subordinate police officer
• BNSS Section: Section 188
• Chapter: Chapter XIII
• Core rule: A subordinate police officer conducting an investigation must report its result to the officer in charge of the police station.
• Nature: Mandatory procedural reporting duty
• Recipient: Officer in charge of the police station
• CrPC equivalent: Section 168
• Related provisions: Sections 187, 189, 190, 192 and 193 BNSS
• Separate from: The final police report submitted after completion of investigation under Section 193

Quick Revision

• Section 188 BNSS deals with the report of investigation by a subordinate police officer.
• A subordinate police officer who conducts an investigation under the relevant Chapter must report its result.
• The report is made to the officer in charge of the police station.
• The provision establishes supervisory communication within the police investigation system.
• Section 188 does not itself prescribe a separate time limit for the report.
• Section 188 corresponds to Section 168 CrPC.
• Section 188 should not be confused with Section 193 BNSS, which deals with the report of the police officer on completion of investigation.
• Sections 189 and 190 deal with the subsequent course where evidence is respectively deficient or sufficient.

ALSO READ: Section 187 – Procedure when investigation cannot be completed in twenty-four hours

Conclusion

Section 188 BNSS ensures that investigation conducted by a subordinate police officer remains within the supervisory structure of the police station. By requiring the result of the investigation to be reported to the officer in charge, the provision maintains accountability and facilitates appropriate further action under the succeeding provisions of the BNSS. Its substance substantially continues the earlier Section 168 CrPC framework.