The Frontline of Criminal Justice: Police and Policing in Action

Every time a crime is reported in India, the first person you interact with isn’t a judge or a lawyer – it’s a police officer. The police are the entry point into the entire criminal justice machinery. Whether it’s registering a complaint, conducting an investigation, collecting forensic evidence, or producing an accused before a magistrate, every step happens through policing. And yet, this front-line role is often poorly understood. Under India’s Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) – which replaced the old Code of Criminal Procedure, 1973 (CrPC) from July 1, 2024 – the powers, duties, and accountability standards of the police have been significantly redefined. Here’s a clear-eyed look at what the police are actually supposed to do, and how the law governs them.

The core duties of a police officer
How a criminal investigation begins: the FIR
Zero FIR and e-FIR: expanding access
Preliminary inquiry before FIR: a safeguard against false complaints
The investigation process
Cognizable vs. non-cognizable offences: a critical distinction
Arrest powers and legal safeguards
Rights of the accused during investigation
Modern investigative techniques: forensics and technology
Accountability mechanisms for the police
The challenge of professionalism in Indian policing

The core duties of a police officer

The duties of police officers in India are not discretionary – they are legally mandated. Under Section 23 of the Police Act, every police officer is obligated to promptly obey and execute lawful orders, collect intelligence affecting public peace, prevent the commission of offences and public nuisances, and detect and bring offenders to justice. These are not optional functions. They define the institutional purpose of the police within the criminal justice system.

In broader terms, the police serve three overlapping functions: crime prevention (stopping offences before they happen), crime detection (investigating offences that have already occurred), and law enforcement (arresting offenders and producing them before courts). A police officer who neglects any of these duties is not just acting unprofessionally – they may be in breach of a statutory obligation.

How a criminal investigation begins: the FIR

The starting point of almost every criminal case in India is the First Information Report (FIR). Governed by Section 173 of the BNSS, 2023, the FIR is the formal written record of information received by the police about the commission of a cognizable offence. It is the document that sets the investigative machinery in motion.

Importantly, any person – not just the victim – can file an FIR. Even a police officer who independently learns of a cognizable offence can register one. Once filed, a free copy of the FIR must be given to the informant or victim immediately. Refusal to register an FIR for a cognizable offence is not just a procedural lapse – it violates the complainant’s fundamental rights under Article 21 of the Constitution and can attract disciplinary action against the officer.

Zero FIR and e-FIR: expanding access

One of the most significant improvements under the BNSS is the formal statutory recognition of the Zero FIR. Under Section 173(1), a complaint about a cognizable offence can be lodged at any police station – irrespective of where the offence took place. The BNSS makes it explicit that jurisdiction cannot be a barrier to FIR registration. The receiving station registers the complaint with a temporary number and transfers it to the jurisdictionally competent police station. Additionally, the BNSS now permits electronic filing of FIRs (e-FIR), allowing victims to report crimes online without physically visiting a police station – a reform particularly significant for vulnerable populations and for offences that occur in remote areas.

Preliminary inquiry before FIR: a safeguard against false complaints

Section 173(3) of the BNSS introduces an important safeguard: for offences punishable with imprisonment between three and seven years, the police have the option to conduct a 14-day preliminary inquiry before registering the FIR. This provision is designed to prevent reputational harm caused by baseless FIRs, particularly in cases involving matrimonial disputes, commercial offences, or complaints that may be motivated by malice. However, this discretion is not unlimited – for serious cognizable offences, FIR registration remains mandatory and immediate.

The investigation process

Once an FIR is registered, the investigation begins. Section 176 of the BNSS lays down the structured procedure: the officer in charge must immediately report the suspected offence to the nearest Magistrate, personally visit the crime scene (or depute a qualified subordinate), gather facts and circumstances, collect evidence, and if necessary, arrest the offender. The officer must then compile and forward a chargesheet to the Magistrate if sufficient evidence exists.

Investigation under the BNSS is time-bound. Further investigation beyond the standard period requires express court permission – a direct check on police power. Section 193(9) of the BNSS sets a 90-day outer limit for further investigation, after which any extension requires judicial approval, ensuring that investigations do not become tools of indefinite harassment.

Cognizable vs. non-cognizable offences: a critical distinction

Not every reported crime gives police the same powers. Cognizable offences – such as murder, robbery, and rape – are serious crimes where the police can arrest without a warrant and begin investigation without court permission. Non-cognizable offences – such as defamation or simple assault – require a magistrate’s order before the police can even register an FIR or begin investigation. This classification is fundamental to how cases are handled and which authority takes the lead. Misclassifying an offence – intentionally or otherwise – can derail an entire investigation.

Arrest powers and legal safeguards

Arrest is one of the most coercive powers the police exercise. Under the BNSS, arrests must be made within defined legal parameters. The Arnesh Kumar Guidelines issued by the Supreme Court in 2014 remain applicable: arrests should be treated as an exception, not the default, especially in cases where the maximum sentence is under seven years. Police officers must record written reasons for every arrest, and the arrested person must be produced before a Magistrate within 24 hours – a constitutional guarantee under Article 22.

Under BNSS Section 48, the arresting officer must also inform a designated officer in the district of the arrested person’s residence. This inter-jurisdictional communication requirement reduces the risk of incommunicado detention – a persistent criticism of Indian policing. The BNSS also mandates periodic medical examination of arrested persons, protecting against custodial violence and ensuring the accused’s physical condition is documented from the outset.

Rights of the accused during investigation

The accused is not without legal protection during investigation. Key rights include the right to be informed of the grounds of arrest, the right to consult a legal practitioner, and the right against self-incrimination under Article 20(3) of the Constitution. Crucially, Section 183 of the BNSS requires that confessions be recorded only by a Magistrate – not the police – ensuring that any admission made by the accused is truly voluntary and not the product of coercion. The Magistrate must explain to the accused that they are not bound to confess and that any statement made can be used as evidence against them.

Modern investigative techniques: forensics and technology

Indian policing has historically relied heavily on witness testimony and confessions – an approach that is both fallible and susceptible to manipulation. The BNSS directly addresses this by mandating a shift toward scientific investigation. For any offence punishable with seven or more years of imprisonment, forensic experts are now required to visit the crime scene, collect evidence, and video-record the entire process. This is not a recommendation – it is a statutory mandate under Section 176(3) of the BNSS.

Beyond forensics, the BNSS incorporates technology across the investigative process. Section 185 requires that all police searches be recorded through audio-video means, preferably on mobile devices. Witness statements, confessions, and appearances can also be recorded electronically. Electronic summons and warrants are now valid. The BNSS even allows voice samples and biometric data to be collected from individuals who have not yet been arrested. These reforms are designed to build an evidence record that is harder to tamper with and easier to verify in court.

Accountability mechanisms for the police

The police operate within a structure of accountability. If a police officer refuses to register an FIR, the complainant can send the information in writing to the Superintendent of Police, who is then empowered to investigate the case personally or direct another officer to do so. If the Magistrate route is chosen, Section 175(3) of the BNSS empowers a Magistrate to order a police investigation after examining an affidavit-supported application. These escalation pathways ensure that no complainant is left without a remedy simply because a police officer declined to act.

The BNSS also expands the delegated decision-making powers of the police, but within defined procedural limits. The intent is to reduce the burden on courts while ensuring that expanded police discretion does not translate into unchecked authority. Judicial oversight at every critical stage – from remand to confession to further investigation – remains the underlying check on police power.

The challenge of professionalism in Indian policing

Legislation can mandate forensic investigation and digital recording, but it cannot automatically produce professional policing. India’s criminal justice system continues to face challenges including high case pendency, low conviction rates, inadequate forensic infrastructure, and concerns about misuse of arrest powers. Critics have raised concerns that some reforms under the BNSS shift judicial functions to police, potentially undermining procedural safeguards. At the same time, the expansion of provisions like Zero FIR, mandatory forensics, and digital evidence collection represents a genuine institutional push toward accountability.

Professionalism in policing demands more than legal compliance – it requires training in evidence handling, sensitivity toward victims and marginalised groups, coordination with forensic laboratories, and a commitment to due process. The BNSS creates the legal framework; the actual transformation depends on how rigorously police forces implement it across India’s deeply varied terrain of states and districts.

What do you think? Given that the BNSS now mandates forensic investigation for serious offences, should India also establish minimum forensic infrastructure standards that every state must meet before such provisions are enforced? And with expanded police powers under the new law, how can the criminal justice system ensure that accountability mechanisms – like Magistrate oversight – are used effectively rather than becoming procedural formalities?

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Table of Contents

The core duties of a police officer 🔗

How a criminal investigation begins: the FIR 🔗

Zero FIR and e-FIR: expanding access 🔗

Preliminary inquiry before FIR: a safeguard against false complaints 🔗

The investigation process 🔗

Cognizable vs. non-cognizable offences: a critical distinction 🔗

Arrest powers and legal safeguards 🔗

Rights of the accused during investigation 🔗

Modern investigative techniques: forensics and technology 🔗

Accountability mechanisms for the police 🔗

The challenge of professionalism in Indian policing 🔗