Section 158 CrPC: Report How Submitted — Current Law Under Section 177 BNSS
Section 158 of the Code of Criminal Procedure, 1973 governed how certain police investigation reports were forwarded to a Magistrate. Its corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is Section 177, titled “Report how submitted.”
Section 158 CrPC: Text and meaning
The former Section 158 of the Code of Criminal Procedure, 1973 was titled “Report how submitted” and contained two subsections:
Section 158(1). Every report sent to a Magistrate under section 157 shall, if the State Government so directs, be submitted through such superior officer of police as the State Government, by general or special order, appoints in that behalf.
Section 158(2). Such superior officer may give such instructions to the officer in charge of the police station as he thinks fit, and shall, after recording such instructions on such report, transmit the same without delay to the Magistrate.
Section 177 BNSS: Current corresponding provision
Section 177 of the Bharatiya Nagarik Suraksha Sanhita, 2023 retains the same reporting mechanism, referring to investigation reports under Section 176 BNSS instead of Section 157 CrPC.
Section 177(1). 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, by general or special order, appoints in that behalf.
Section 177(2). Such superior officer may give such instructions to the officer in charge of the police station as he thinks fit, and shall, after recording such instructions on such report, transmit the same without delay to the Magistrate.
Explanation of the legal provisions
1. State Government direction is required
Submission through a superior police officer is not an automatic requirement in every case. Under Section 177(1) BNSS, this route applies when the State Government directs it and appoints the superior officer through a general or special order.
2. Superior police officer may issue instructions
Under Section 177(2) BNSS, the designated superior officer may give instructions to the officer in charge of the police station. The superior officer must record any such instructions on the report before forwarding it.
3. Report must reach the Magistrate without delay
The superior officer must transmit the report to the Magistrate without delay. The provision does not prescribe a fixed number of hours for this step; the statutory standard is prompt transmission.
4. This is not the final police report provision
Section 177 BNSS concerns the route for submitting a report under Section 176 BNSS during the investigation process. The police report on completion of investigation is dealt with separately under Section 193 BNSS (formerly Section 173 CrPC).
CrPC and BNSS section references
| Subject | CrPC, 1973 | BNSS, 2023 |
|---|---|---|
| Procedure for investigation | Section 157 | Section 176 |
| Report how submitted | Section 158 | Section 177 |
| Magistrate's power to hold investigation or preliminary inquiry | Section 159 | Section 178 |
| Police report on completion of investigation | Section 173 | Section 193 |
Practical illustration
Suppose a police officer prepares a report required under Section 176 BNSS. If the applicable State Government order requires that report to be routed through a designated superior officer, the police officer sends it to that superior officer. The superior officer may record instructions and must then forward the report to the Magistrate without delay. The precise designation of the superior officer depends on the relevant State Government order.
Applicability to older investigations and pending proceedings
Section 531 BNSS repeals the CrPC, subject to savings and transitional provisions. Investigations, inquiries, trials, appeals and applications pending immediately before the commencement of BNSS require examination under those savings provisions. Therefore, the applicable procedural law must be assessed in light of the date and procedural status of the particular matter.
Frequently asked questions
Which BNSS section replaces Section 158 CrPC?
Section 177 BNSS, titled “Report how submitted,” is the corresponding provision.
Must every investigation report pass through a superior officer?
No. Section 177(1) BNSS requires this routing when the State Government has issued an applicable direction.
Can the superior officer withhold the report indefinitely?
No. Section 177(2) requires the superior officer to transmit the report to the Magistrate without delay after recording any instructions.
Is Section 177 BNSS the same as filing a charge sheet?
No. Section 177 governs transmission of a report under Section 176; Section 193 addresses the police report on completion of investigation.
Official statutory references
For the enacted text and related statutory provisions, consult the India Code official legislation portal and the Bharatiya Nagarik Suraksha Sanhita, 2023 (Bureau of Police Research and Development PDF). Check any applicable State Government notification when determining the prescribed reporting channel.
Legal information note: This article explains the general statutory framework. Application to an individual investigation depends on the facts, relevant State orders and transitional law.