All Officers Instructed To Scrupulously Enforce S.193 BNSS, Intimate Investigation Progress To Informant: Maharashtra Police Tells High Court

The Bombay High Court was last month informed that the Maharashtra government has issued a circular instructing all the police officers across the State to 'scrupulously' implement the provisions of the newly enforced Bharatiya Nagarik Suraksha Sanhita (BNSS), which mandate the investigating officer to update the progress of the probe to the complainant, within 90 days of the registration of the First Information Report (FIR).

A division bench of Justices Revati Mohite-Dere and Prithviraj Chavan was hearing a writ petition filed by one Nirmala Parmar seeking directions to the Mumbai Police to strictly comply with section 173 of the Criminal Procedure Code (CrPC) which mandates an investigating officer to hand over a copy of the 'action taken report' or the chargesheet, to the complainant.

The judges noted that the CrPC has now been repealed by the BNSS and section 173 (of CrPC) is replaced with section 193 (3)(ii) and (iii) of the BNSS.

On an earlier hearing, the bench had ordered additional public prosecutor KV Saste to take instructions on whether the police force in the State has been instructed to comply with the new provisions mandating updating of progress in a probe to the complainant within 90 days as provided in the BNSS.

On August 29, when the matter was heard, Saste informed the judges that a circular was issued by the government on August 23, instructing all the officers to 'scrupulously' enforce the section 193 of the BNSS.

"The said Circular is taken on record. In view of this, nothing survives for further consideration in the instant petition. Petition stands disposed of accordingly," the bench said in the order.

The judges, further ordered the police to hand over a copy of the chargesheet to the petitioner, within a week.

In a similar issue, even the Karnataka High Court directed the Inspector General and Director General of Police (DG and IGP), to instruct all Investigating Officers of the Investigation Agencies to communicate the final report prepared by them to the first informant, as per Section 173(2)(ii) of Criminal Procedure Code (CrPC).

Appearance: 

Advocates Reshma Nair, Devmani Shukla, Rajesh Sahani and Vivekanand Aksali appeared for the Petitioner.

Additional Public Prosecutor KV Saste represented State.

Case Title: Nirmala Bhavesh Parmar vs State of Maharashtra (Criminal Writ Petition (Stamp) No. 16212 of 2024)

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