Introduction to Section 173 BNSS
Section 173 BNSS is a part of the Bharatiya Nagarik Suraksha Sanhita, 2023, which replaces the old criminal procedure system in India. This section talks about how to give information to the police when a serious crime (called a “cognizable offence”) happens. It also explains the steps the police must follow after receiving the complaint. The aim is to make the process simple, fair, and respectful for all people, especially women and the disabled.
What is BNSS Section 173 ?
BNSS Section 173 lays down the rules for giving information to the police in serious criminal cases. It tells how to report a crime, who can receive the complaint, and how the police must act. This section gives protection and support to victims, especially women and disabled persons, ensuring their complaints are heard in a proper and safe way.
BNSS Section of 173 in Simple Points
1. Easy Reporting to Police
Anyone can give information about a serious crime to the police. It can be done by speaking (orally) or through electronic methods like email or message. If told orally, the police must write it down and take the person’s signature. If sent online, the sender must sign a hard copy within 3 days. This system helps people report crimes quickly and easily.
2. Special Protection for Women Victims
If a woman is a victim of crimes like rape, assault, or harassment, her complaint must be recorded by a woman police officer. This makes her feel safe and respected. The law ensures she can share details without fear or shame. It helps more women come forward to report crimes. The law stands strong for women’s safety.
3. Support for Disabled Victims
If the victim is mentally or physically disabled, police must go to their home or any place they choose. A special helper like an interpreter or educator should be present if needed. The whole process must be video recorded for safety and proof. This ensures justice for all, including people with special needs. It promotes dignity and fairness.
4. Action Even if Police Refuse
If the police station refuses to file the complaint, the person can send the details by post to the Superintendent of Police (SP). If the SP finds the complaint serious, he will start the investigation or assign another officer. If the SP also ignores it, the victim can approach the Magistrate. This gives every person full legal support.
5. Preliminary Enquiry in Less Serious Crimes
If the crime is punishable with jail of 3 to 7 years, the police can first do a small enquiry. They must take permission from a senior officer like a DSP. This enquiry must be done in 14 days. If the case is serious, full investigation begins. This avoids misuse of police time and power in small matters.
Section 173 of BNSS Overview
BNSS 173 allows anyone to report a serious (cognizable) offence to the police, either orally or electronically. It includes special rules for women and disabled persons. It also gives the police powers to start an enquiry or investigation. If the police refuse to act, the person can approach higher officers or even the Magistrate.
10 Key Points of BNSS 173 Explained in Detail
1. Filing a Complaint in Cognizable Cases
Under Section 173 of BNSS, anyone can report a cognizable offence (like murder, rape, kidnapping) at any police station, even if the offence happened in a different area. The report can be made orally or through electronic communication (like email or SMS). If given orally, the police officer must write it down, read it back to the informant, and take their signature. If submitted electronically, the informant must sign a copy within three days. This process ensures that complaints are officially recorded and not ignored.
2. Mandatory Registration and Entry in Police Book
Once the information is received, the police officer must enter the details in a register or book, as per the format decided by the State Government. This entry acts as a formal record of the complaint and is known as an FIR (First Information Report). Keeping such a register makes the police accountable and prevents manipulation or deletion of reports. It also helps in future investigation and court proceedings.
3. Special Provision for Women Victims
If a woman is a victim of crimes like sexual harassment, assault, stalking, rape, or any offences listed from Sections 64 to 79 or 124 of BNSS, her complaint must be recorded by a woman police officer or a woman officer. This rule is to ensure that the victim feels safe, respected, and heard properly without fear or embarrassment. This step improves sensitivity and encourages more women to report such crimes.
4. Protection for Disabled Victims
If the victim is mentally or physically disabled, the law allows extra support. In such cases, the police must visit the victim’s home or any place of their choice to record the complaint. Also, the presence of a special educator or interpreter is required to help the victim understand and communicate properly. This ensures inclusivity and equal justice for everyone, regardless of physical or mental limitations.
5. Videography of Statements for Transparency
While recording the complaint from a woman or a disabled person, the entire process must be videographed. This visual record protects the victim’s statement and helps during the investigation or trial. It also ensures that the police follow proper procedures without threatening or manipulating the victim. The video acts as strong evidence if any doubt or dispute arises in court later.
6. Magistrate’s Role in Recording Statement
In serious offences mentioned in this section, the police must ensure that the victim’s statement is also recorded by a Magistrate. This must be done as soon as possible under Section 183(6)(a) of BNSS. The Magistrate’s recording holds more legal value and ensures that the victim’s version is protected against future pressure or threats. This protects the victim’s rights and strengthens the case in court.
7. Free Copy of FIR to the Informant
Once the FIR is registered under Section 173, a free copy must be provided immediately to the person who reported it or to the victim. This rule ensures transparency and gives legal proof to the complainant. If the police deny giving the FIR copy, it can be challenged in court. Having a copy helps the victim or informant track the progress of the investigation and seek justice.
8. Preliminary Inquiry in Minor Cognizable Cases
If the offence reported is punishable by 3 to 7 years of imprisonment, the police can first do a preliminary inquiry instead of immediate investigation. But they must take permission from an officer of at least DSP rank. This inquiry must be completed in 14 days, and based on that, the police will decide whether to start full investigation or not. This avoids misuse of police powers in minor offences.
9. Role of the Superintendent of Police (SP)
If the police station refuses to file a complaint, the person can send the information by post or in writing to the Superintendent of Police (SP). If the SP feels the offence is serious, he can start the investigation himself or assign it to another police officer. This provides a second chance for justice and ensures that powerful people cannot misuse their influence to block FIRs.
10. Right to Approach Magistrate If SP Ignores
If both the police station and the SP ignore the complaint, the aggrieved person can approach the Magistrate directly. The Magistrate can order an investigation based on the complaint. This three-level complaint system (Police Station → SP → Magistrate) ensures that no genuine complaint is rejected and that every citizen gets a fair chance to report crimes and seek justice.
Example 1 – Woman Harassed on Public Transport
Priya, a college student, was harassed on a public bus. She visited the police station to complain. As per BNSS 173, her complaint was recorded by a woman officer. It was written down, read to her, and signed. She received a copy for free. This respectful process helped her feel safe and supported.
Example 2 – Disabled Person Assaulted
Ramesh, who is physically disabled, was attacked by some neighbors. He could not go to the police station. As per BNSS 173, the police came to his home with a special interpreter. The complaint was video-recorded, and a magistrate took his statement later. This helped Ramesh get justice even with his disability.
Section 173 of BNSS Short Information
| S.No | Key Question | Key Point Summary |
|---|---|---|
| 1 | How can a crime be reported? | Crime can be reported orally or electronically to the police station. |
| 2 | Who handles complaints by women victims? | Woman officers must record complaints made by women in sexual/assault cases. |
| 3 | How are disabled victims protected? | Complaints can be recorded at home with support of interpreters and videography. |
| 4 | What if police deny filing a report? | The victim can write to the SP or go to the Magistrate for further action. |
| 5 | Can police delay action in some offences? | Yes, they can conduct a short enquiry if the offence is less serious (3–7 years). |
Why BNSS 173 is Needed?
BNSS Section 173 is very important because it protects the rights of victims and ensures that police take quick and fair action in serious crimes. In the past, many victims were ignored by police or treated badly when they tried to file a complaint. Women and disabled persons especially faced many problems. This law fixes these issues by giving clear steps to the police on how to receive complaints properly.
It also brings transparency through video recording and requires action even if local police deny the complaint. By allowing complaints through electronic means, it supports the digital India movement. BNSS 173 ensures justice starts from the very first step — registering the crime. It is a powerful tool for safety, dignity, and timely justice.
BNSS Section 173 FAQs
BNSS 173
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