Procedural differences of Cognizable offences under Bhartiya Nagarik Suraksha

Sanchita and Code of Criminal Procedure(Crpc).

Changes brought under Section 173 of Bhartiya Nagarik Suraksha Sanchita in reference to
Section 154 of the Code of Criminal Procedure, which talks about (Information in
cognizable cases).
Differences 173(1) ----
Inclusion of Electronic Communication: The most significant difference is the inclusion of
information given through electronic communication in the new provision. This recognizes
the evolution of communication methods and introduces a specific process for handling
information received electronically.
Time Frame for Signature: The new provision sets a specific time frame of three days for
the informant to sign the record when information is given through electronic
communication.
Recording Form: The new provision mentions that the substance of the information given
through electronic communication should be entered into a book in a form prescribed by the
State Government through rules. This adds specificity to the recording process for electronic
communication.
Sub-section 2 ---- Recipients of the Copy.
In section 154 of Crpc only informant was eligible for the Copy of information but now along
with the informant, the victim is also eligible. It allows for flexibility by including both the
informant and the victim as potential recipients. This recognizes that the informant and the
victim may not always be the same person, especially in cases where someone reports an
offense on behalf of the actual victim.
Sub-section 3 has been added under section 173 which was not there in Section 154 of Crpc,
which says that---- 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,—
(i) proceed to conduct preliminary enquiry to ascertain whether there exists a prima facie case
for proceeding in the matter within a period of fourteen days; or
(ii) proceed with investigation when there exists a prima facie case.
Sub-section 4 of Section 173 of Bhartiya Nagarik Suraksha Sanchita and Sub-section 3 of
Section 154 of Crpc are the same.