The great political philosopher Bolingbroke said:
"Liberty is to the collective body; what health is to every individual body. Without health no pleasure can be tasted by man; without Liberty, no happiness can be enjoyed by society"

The new laws come with new interpretations and new remarks, such as a new interpretation of Section 154 of CRPC to Section 173 of BNSS. Here we study INFORMATION IN COGNIZABLE CASES.

Under Section 173 of BNSS, the section is defined as:

1. Every information relating to the commission of a cognizable offence, irrespective of the area where the offence is committed, may be given orally or by electronic communication to an officer in charge of a police station, and if given:
   1. Orally, it shall be reduced to writing by him or under his direction, and be read over to the informant; and every such information, whether given in writing or reduced to writing as aforesaid, shall be signed by the person giving it;
   2. By electronic communication, it shall be taken on record by him on being signed within three days by the person giving it, and the substance thereof shall be entered in a book to be kept by such officer in such form as the State Government may by rules prescribe in this behalf.

Explanation: Clause (1) of the section highlights the zero fire procedure where the police station has the jurisdiction to launch a complaint no matter what the crime jurisdiction committed this helps the victim or the informant to file a complaint according to their needs without wasting any time. Under sub-clauses (i) and (ii) the emphasis is given to any communication means such as electronic or oral, this gives the victim or the informant an easy way to launch their report. Such a report has to be in writing by the police officer of the police station itself and read out loud to make them hear what was reported under the report.


Provided that if the information is given by the woman against whom an offence under section 64, section 65, section 66, section 67, section 68, section 69, section 70, section 71, section 74, section 75, section 76, section 77, section 78, section 79 or section 124 of the Bharatiya Nyaya Sanhita, 2023 is alleged to have been committed or attempted, then such information shall be recorded, by a woman police officer or any woman officer:

Explanation: The "provided that" can be interpreted as the do's of under 173 when a certain criterion is being highlighted under a cognizable case. As stated provided that –information by a victim or informant under sections 64 to 71 and 74 to 79 and 129 of BNS is either committed or attempted of any act the information that has to be recorded as under sub-section (1) will be little different here, a women officer or women police officer has to be presented while the recording of incident is being conducted by any police officer.

Provided further that— (a) in the event that the person against whom an offence under Section 64, section 65, section 66, section 67, section 68, section 69, section 70, section 71, section 74, section 75, section 76, section 77, section 78, section 79 or section 124 of the Bharatiya Nyaya Sanhita, 2023 is alleged to have been committed or attempted, is temporarily or permanently mentally or physically disabled, then such information shall be recorded by a police officer, at the residence of the person seeking to report such offence or at a convenient place of such person's choice, in the presence of an interpreter or a special educator, as the case may be;

Explanation:

1. Here, expanding the provision of the offence under BNS sections 64 to 71 and 74 to 79 and 129, highlighted an angle where the victim or the informant has suffered mental OR physically disablement- the nature of it can be temporarily or permanently in nature. The definition of such nature is not mentioned under the act that makes it on doctors to gives an report of confirming of it. Anything which can be made a prima facies may be taken into consideration but an expert intervention is required. If any action is conducted the information is to be taken upto a place where the victim or the informant feels comfortable with under the presence of an interpreter or a special educator.
2. the recording of such information shall be video graphed;
3. the police officer shall get the statement of the person recorded by a Magistrate under clause (a) of sub-section (6) of section 183 as soon as possible.

FURTHER:

1. It explains the needs that have to be complied with by the police officials if anything under such matter is being reported to him and under 183 where Recording of confessions and statements to the magistrate has to be submitted.
2. A copy of the information as recorded under sub-section (1) shall be given forthwith, free of cost, to the informant or the victim.
3. Without prejudice to the provisions contained in section 175, on receipt of information relating to the commission of any cognizable offence, which is made punishable for three years or more but less than seven years, the officer in charge of the police station may with the prior permission from an officer not below the rank of Deputy Superintendent of Police, considering the nature and gravity of the offence,
   
   1. Proceed to conduct a preliminary enquiry to ascertain whether there exists a prima facie case for proceeding in the matter within a period of fourteen days; or
   2. proceed with investigation when there exists a prima facie case.
   Explanation: Under subsection (3) the police officer or the in charge of the complaint filed under the police station has to get written permission from the DSP to proceed with an investigation within fourteen days where the prima facie case is not been proved clause (i) or clause (ii) starts an investigation where the prima facie case is provided and this provision comes to picture where the punishable offence is under three years or more but less than seven years.
    
4. Any person aggrieved by a refusal on the part of an officer in charge of a police station to record the information referred to in subsection (1), may send the substance of such information, in writing and by post, to the Superintendent of Police concerned who, if satisfied that such information discloses the commission of a cognizable offence, shall either investigate the case himself or direct an investigation to be made by any police officer subordinate to him, in the manner provided by this Sanhita, and such officer shall have all the powers of an officer in charge of the police station in relation to that offence failing which such aggrieved person may make an application to the Magistrate. 174. (1) When information is given to an officer in charge of a policy

Explanation: If any police officer denies to take the report, the aggrieved person can write to the SP and ask to conduct an investigation and file of FIR either by suo moto action the SP can take the investigation or can direct a subordinate officer to act under In charge of the case and start the investigation.

The procedure of information under 173 is clear and certain by the new code. Whenever police make an arrest for a cognizable offence or any other offences the person under the eye of the law with a principle of innocent until proven guilty gets the status of being "accused". An accused has rights in general and the most vital right is BAIL.

Conclusion
It is a complete breakdown of section 173 step by step stating the procedure, it has a wider scope including sections of BNS and emphasizing the mental and physical trauma and disability with 3 days to sign the report by the victim.

References:

• Taxmann Bare act - Bharatiya Nagarik Suraksha Sanhita 2023