Introduction to Section 192 BNSS
Section 192 BNSS focuses on the proper recording of police investigation activities. It ensures that all steps taken by the police during an investigation are noted in a diary on a daily basis. This improves accountability, transparency, and fairness in criminal investigations. The diary helps courts understand the investigation timeline. It also protects the process from manipulation. This section is a major step towards organized and just policing.
What is BNSS Section 192 ?
BNSS Section 192 lays down the rule that police officers must maintain a case diary when conducting investigations. This diary includes the time of receiving information, investigation start and end times, places visited, and important facts found. Witness statements under Section 180 must also be added. Courts can refer to these diaries but not treat them as evidence. The accused cannot demand to see them unless the diary is used in court by the police. It promotes a fair and structured investigation system.
BNSS Section of 192 in Simple Points
1. Daily Recording of Investigation Steps
BNSS Section 192 mandates that police officers must record their daily investigation steps in a diary. This includes when the information was received, when the investigation started and ended, and the places visited. It also includes the findings or facts discovered. This daily entry helps ensure that the investigation is done properly. It keeps the process transparent and accountable. This record is called the case diary.
2. Adding Witness Statements
As per BNSS Section 192, all witness statements recorded during the investigation (under Section 180) must be added to the case diary. This ensures that all important information collected from witnesses is stored in one place. It helps investigators and courts to understand the progress of the case. This makes the investigation more complete and organized. It also ensures that no key testimony is missed. These statements are part of the official case file.
3. Format of the Case Diary
Section 192 requires that the case diary be a bound volume with numbered pages. This is done to prevent tampering or removal of pages after entries are made. Paginated diaries maintain the authenticity of the investigation. It also makes the diary easier to refer to when needed. This format builds trust in the investigation process. It adds professionalism to police documentation.
4. Court’s Limited Use of Diary
BNSS Section 192 allows courts to access the case diary during trials or inquiries. However, courts cannot treat the diary as evidence. It is used only as a support tool to understand the investigation timeline or clarify police actions. This keeps the legal process fair and balanced. It also prevents misuse of the diary. The court’s use is strictly controlled.
5. Accused Cannot Demand the Diary
The accused or their lawyer cannot ask to see the diary just because it was mentioned in court. Under BNSS Section 192, access is denied unless the police officer uses the diary in court to refresh memory or if the court uses it to contradict the officer. In such cases, only specific legal sections apply. This rule protects the integrity of the investigation. It also maintains the secrecy of ongoing cases.
Section 192 of BNSS Overview
BNSS Section 192 says that police must write down what they do each day during an investigation. They must note times, places, and what they find. It also includes statements from people who saw what happened. This record helps the investigation stay honest and clear.
10 Key Points of BNSS 192 Explained in Detail
1. Importance of Daily Investigation Records
Under Section 192(1) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, it is mandatory for every investigating police officer to maintain a day-to-day record of their investigation. This daily diary helps maintain transparency and accountability in the investigation process. It includes essential details like the time of receiving information, the time of starting and ending the investigation, and places visited. It also records the findings and facts discovered during the investigation. This helps in creating a chronological trail of the investigation, which is vital for reviewing the process later. The purpose is to avoid manipulation and to ensure the investigation is properly documented. It strengthens the reliability of the investigation. These diaries can serve as a vital tool for internal and judicial scrutiny.
2. Inclusion of Witness Statements
Section 192(2) emphasizes that all statements recorded from witnesses under Section 180 must be included in the case diary. This ensures that there is a complete and integrated record of the investigation. Having all witness statements compiled in the case diary helps in easy reference for future proceedings. It maintains consistency and reduces the chances of tampering or forgetting crucial testimonies. These statements can reflect the development of the case and provide clarity on the evolving nature of the investigation. Including them in the diary also provides a safeguard for the credibility of the investigation. It promotes organized and lawful documentation. This is essential for a fair judicial process.
3. Structure and Format of the Diary
According to Section 192(3), the diary must be maintained in a bound volume and each page should be properly numbered. This requirement prevents the manipulation or removal of pages and ensures the integrity of the record. A bound and paginated format creates a standard structure for recording investigation proceedings. This minimizes errors and keeps the document organized. It also makes it easier for courts or senior officers to refer to specific entries when needed. The consistent format supports transparency in law enforcement. Proper maintenance of the diary upholds professionalism in police procedures. It reinforces public confidence in the justice system.
4. Court’s Access to Police Diaries
Section 192(4) provides that criminal courts have the authority to call for police diaries during an inquiry or trial. However, the diaries are not treated as evidence. They serve only as a tool to assist the court during the proceedings. This ensures that the court can understand the sequence of investigation events without relying on it as primary evidence. It allows judges to get context or verify procedures followed during investigation. This provision helps in keeping the judicial process fair and informed. It prevents misuse of the diaries by limiting their use to supportive functions only. It strengthens the role of the court in ensuring justice.
5. Limited Access for the Accused
Section 192(5) strictly limits the rights of the accused and their legal representatives in accessing these diaries. They cannot demand to see or use the diaries merely because they are referred to in court. This ensures that sensitive information remains protected, especially during the early stages of a trial. It also prevents misuse or attempts to influence the case through leaked details. However, there are exceptions if the police officer uses the diary to refresh their memory in court, or if the diary is used to contradict the officer. Even in such cases, only specific legal provisions are applicable. This protects the balance between fair trial and investigative integrity.
6. Role in Refreshing Memory and Contradiction
When a police officer refers to the diary in court to refresh their memory, or if the court uses it to contradict the officer’s statements, sections 148 and 164 of the Bharatiya Sakshya Adhiniyam, 2023, apply. This ensures that any such use is governed by a proper legal framework. These sections provide rules for cross-examination and contradiction, thereby maintaining fairness. It ensures that the diary is not misused to unfairly influence the trial. The officer’s credibility can be questioned if inconsistencies arise, allowing for a balanced examination. This promotes legal accountability. It integrates the investigation process with judicial scrutiny effectively.
7. Tool for Transparent and Accountable Policing
Maintaining a detailed investigation diary acts as a cornerstone for transparent policing. It ensures that police officers follow proper procedures and reduces the chance of arbitrary actions. Such records are useful for departmental reviews and audits. Supervisory officers can assess the conduct of the investigation based on these entries. It also acts as a learning tool for new officers. In case of disputes or complaints, the diary can clarify what steps were taken and when. This creates trust between the police and the public. Accountability in policing is strengthened by such mandated documentation.
8. Prevents Fabrication of Investigation Details
The requirement of entering details day-by-day reduces the chances of fabricating or modifying investigation details later. Since the entries are sequential and bound in volume, it is difficult to insert or delete information without leaving traces. This deters malpractice and manipulation. It helps to preserve the authenticity of the investigation. Even minor alterations become evident in a paginated diary. This legal safeguard improves the quality of law enforcement. It encourages honest and diligent work among investigating officers. The system helps in reducing corruption and procedural lapses.
9. Supports Efficient Legal Proceedings
A well-maintained investigation diary assists lawyers and judges in understanding the timeline and approach of the investigation. It eliminates confusion and redundancy in presenting the case. This also supports quicker disposal of cases. The diary helps in tracking delays or inefficiencies in investigation. By providing a factual timeline, it supports both prosecution and defense in building their arguments. It acts as a bridge between investigation and trial. This enhances the overall efficiency of the criminal justice process. Proper records contribute to faster and fairer trials.
10. Enhances Fairness in Criminal Justice
Ultimately, Section 192 plays a key role in ensuring fairness in the criminal justice system. It sets a standard procedure that must be followed, which helps in reducing arbitrariness. Fair investigation practices are crucial for delivering justice. The law provides checks and balances through controlled access and legal procedures. It balances the rights of the accused and the needs of the investigation. By defining clear protocols for diary maintenance and use, the law ensures justice is not only done but also seen to be done. It reflects the principle of due process. This aligns with democratic values and constitutional rights.
Examples of BNSS Section 192
Example 1: A police officer starts investigating a theft. He notes the date, time he got the call, place of incident, and what he found there. This is entered in the investigation diary daily as per Section 192.
Example 2: During a murder investigation, the officer records statements from two neighbors under Section 180. These statements are added to the case diary to show the progress of the investigation.
Section 192 of BNSS Short Information
| BNS 192 | Answer |
|---|---|
| What must a police officer maintain? | A daily investigation diary. |
| What is included in the diary? | Time, date, locations visited, and findings. |
| Are witness statements recorded? | Yes, under Section 180, they must be added. |
| Can the court use the diary as evidence? | No, only to assist during trial, not as evidence. |
| Can the accused access the diary? | No, unless it’s used in court to refresh memory or for contradictio |
Why BNSS Section 192 is Needed ?
BNSS Section 192 is very important because it makes sure police investigations are done in a clear, honest, and step-by-step way. Without daily records, there can be confusion, delays, or even chances of false information being added later. The case diary helps courts understand how the police worked on a case. It keeps everything on record—like when the police started, what they saw, what witnesses said, and when the work ended. It also protects the investigation from manipulation or fake entries, since the diary is paginated and in a bound format. Only the court can use this diary—not the accused—unless needed for memory or contradiction in court. Overall, it improves trust in the justice system and keeps the investigation fair and well-documented.
BNSS Section 192 FAQs
BNSS 192
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