The Bharatiya Nagarik Suraksha Sanhita, 2023, mandates a strict regime of time-bound investigations under Section 193, requiring investigating agencies to complete probes within specified limits or record written reasons for delay to ensure a victim-centric and justice-oriented process.

PRAYER : Petition filed under Section 528 of BNSS, 2023, to direct the respondent to file a final report in Crime No.336 of 2023 on the file of the respondent Police and get it numbered within a time frame fixed by this Court.

ORDER

Preface:

The advent of the Bharatiya Nyaya Sanhita, 2023, the Bharatiya Nagarik Suraksha Sanhita, 2023, and the Bharatiya Sakshya Adhiniyam, 2023 marks a constitutional transformation in India’s criminal jurisprudence. For the first time since Independence, the criminal process has been consciously re-engineered to be victim-centric, citizen-responsive and justice-oriented, in contrast to the colonial enactments which were historically designed to subserve the interests of an imperial administration and to control its subjects.

The new Codes emphasise timeliness, transparency, accountability, and proportionality, recognising delay as a denial of justice. In particular, the BNSS, 2023, by codifying strict time-lines for investigation in Section 193, ensures that the investigating agency cannot indefinitely keep the sword of uncertainty hanging over the head of an accused or allow victims to languish without closure. It is in this mandate of constitutional justice that the present petition deserves to be examined.

This Criminal Original Petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking a direction to the respondent to file a final report with respect to the Crime No.336 of 2023.

Submissions:

The learned counsel for the petitioner submits that though the FIR was registered on 29.06.2023, no final report has been filed till date. Such delay is contrary to the statutory mandate under Section 193 BNSS, which prescribes time-bound investigation. It is therefore prayed that necessary directions be issued.

The learned Government Advocate (Crl. side) submits that the investigation is in progress and the investigating officer shall abide by any time-line fixed by this Court.

Heard the learned counsels on either side and carefully perused the materials available on record.

Analysis:

The BNSS has introduced a strict regime of time-bound investigation, which reads as follows:

(i) Section 193(1) BNSS mandates that every investigation under this Sanhita shall be completed without unnecessary delay.

(ii)Section 193(2) BNSS mandates that in relation to offences punishable with imprisonment of seven years or more, the investigation shall ordinarily be completed within ninety days; and in all other offences, within sixty days.

(iii) Section 193(3) BNSS, mandates that if the investigation is not completed within the period prescribed, the investigating officer shall record the reasons in writing and intimate the Magistrate of such delay.

The statute therefore creates (i) a positive duty to complete investigation promptly; (ii) outer time limits; and (iii) a compulsory accountability mechanism for delay. These provisions are mandatory in nature and bind the investigating agency.

The case of the prosecution is that on 26.06.2023, at about 01.00 p.m., as per the order of Dr.Arun, Block Medical Officer and Aadhavan, Health Inspector, the petitioner's son burned the medicines along with the garbage. While doing so, the chemicals in the expired medicines were exploded and the fire got enclosed over the petitioner's son causing 80% burns to his entire body. Thereafter, on 29.06.2023, at about 10.00 p.m., the petitioner's son was died. Hence, a case has been registered. In view of the above, this Court notes that the FIR in the present case was registered on 29.06.2023 and the investigation has not culminated in a final report even after the lapse of the period contemplated under Section 193(2) BNSS. No material is placed before this Court to show that the reasons for delay were recorded in writing or that the same was intimated to the jurisdictional Magistrate as required under Section 193(3) BNSS.

Such unexplained delay defeats the very purpose of the reformed statutory arch