Section 157 CrPC: Procedure for Investigation and Section 176 BNSS

Section 157 of the Code of Criminal Procedure, 1973 (CrPC) prescribed how police officers commence investigation into cognizable offences. Since 1 July 2024, its corresponding provision is Section 176 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). This guide explains the earlier rule, the present procedure and important safeguards.

Meaning of the legal terms

Cognizable offence: An offence for which a police officer may arrest without a warrant in accordance with the applicable law. Officer in charge: The police officer legally responsible for the police station. Investigation: Proceedings for collecting evidence conducted by police or another person authorised under the law. Magistrate: A judicial officer empowered to exercise the relevant powers under criminal procedure law.

Section 157 CrPC: procedure for investigation

Sub-section (1): report to Magistrate and investigation

Where information or other material gave the officer in charge reason to suspect an offence that the officer was empowered to investigate under Section 156 CrPC, the officer had to send a report forthwith to a Magistrate empowered to take cognizance on a police report. The officer was also to proceed personally, or send a subordinate officer of at least the prescribed rank, to investigate the circumstances and, where necessary, take steps to discover and arrest the offender.

First proviso: limited exceptions

Clause (a): Where information named a person and the case was not serious, the officer in charge need not personally visit the scene or depute a subordinate officer for an on-site investigation. Clause (b): Where insufficient grounds existed to enter upon investigation, the officer was not to investigate.

Second proviso: statement of a rape victim

The victim's statement was to be recorded at her residence or a place of her choice, as far as practicable by a woman police officer, in the presence of her parents, guardian, near relatives or a local social worker. This safeguard was inserted by Act 5 of 2009 with effect from 31 December 2009.

Sub-section (2): reasons and notice

When either exception under the first proviso applied, the officer had to record reasons in the report. Where investigation was declined for insufficient grounds, the informant, if any, had to be notified forthwith in the manner prescribed by the State Government.

Section 176 BNSS: current procedure for investigation

Section 176(1) substantially carries forward the requirement to promptly report suspected cognizable offences to the competent Magistrate and to investigate through the officer in charge or a duly ranked subordinate. It refers to investigation powers under Section 175 BNSS, corresponding to Section 156 CrPC.

The exceptions for non-serious cases involving a named suspect and cases lacking sufficient grounds remain. For rape offences, the victim's statement must be recorded at her residence or a chosen place, as far as practicable by a woman police officer with the specified support persons present. The BNSS additionally permits recording through audio-video electronic means, including a mobile phone.

Section 176(2): reasons, diary reports and notice

The officer must record reasons for not fully following the ordinary investigation steps under the exceptions, and forward the daily diary report fortnightly to the Magistrate. Where there is insufficient ground to investigate, the informant must also be promptly notified in the prescribed manner.

Section 176(3): forensic examination for serious offences

For offences punishable with imprisonment of seven years or more, the officer in charge must arrange for a forensic expert to visit the crime scene, collect forensic evidence and arrange videography of the process using a mobile phone or another electronic device. This requirement operates from the date notified by the relevant State Government within the statutory five-year period; implementation must therefore be checked against applicable State notifications. Where a State lacks forensic facilities, the provision allows notified use of facilities in another State pending development of its own.

Section 157 CrPC and Section 176 BNSS: key differences

Practical implications

A police officer should document the basis for suspecting a cognizable offence, promptly send the required report, and follow lawful procedures for scene investigation and evidence collection. If an exception is invoked, reasons should be recorded and required notice given. Complainants should retain their complaint acknowledgment and any communication about non-investigation; the available remedies depend on the facts and the applicable BNSS provisions.

Official legislation and reference material

• India Code: Bharatiya Nagarik Suraksha Sanhita, 2023
• National Crime Records Bureau: BNSS provisions, including Section 176
• Ministry of Home Affairs: criminal laws and legislative resources
• Bureau of Police Research and Development: new criminal laws

Frequently asked questions

What is the equivalent of Section 157 CrPC under the BNSS?

Section 176 BNSS is the corresponding provision governing the procedure for police investigation.

Can the police decline to investigate?

Section 176(1) provides for non-investigation where there is insufficient ground to enter upon an investigation, subject to recording reasons and notifying the informant as required under Section 176(2). This does not dispense with other legal duties.

Is a forensic visit compulsory in every case?

No. Section 176(3) concerns offences punishable with seven years or more and takes effect in a State from the relevant notified date.

Updated: 17 October 2026. This article provides general legal information, not advice for a particular case.