Section 177 BNSS: Report how submitted (Formerly Section 158 CrPC)

Section 177 of Bharatiya Nagarik Suraksha Sanhita, 2023: Report how submitted

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(1) Every report sent to a Magistrate under section 176 shall, if the State Government so directs, be submitted through such superior officer of police as the State Government, by general or special order, appoints in that behalf.

(2) Such superior officer may give such instructions to the officer in charge of the police station as he thinks fit, and shall, after recording such instructions on such report, transmit the same without delay to the Magistrate.

Legal Commentary & Landmark Judgments: Section 177

Section 177 prescribes the manner in which police investigation reports shall be submitted to the Magistrate, mandating transmission through superior police officers designated by the State Government.

Investigation Report Submission: Reports of investigation under Section 176 BNSS submitted to the jurisdictional Magistrate.
Superior Officer Oversight: Submitted through a superior officer (DSP/ACP) appointed by general or special order.
Supervisory Instructions: Superior officer may record instructions on the report and transmit it without delay to the Magistrate.

Key Landmark Precedents:

State of Bihar v. J.A.C. Saldanha (1980) 1 SCC 554: The Supreme Court settled that Section 158 CrPC (Section 177 BNSS) ensures departmental supervision over the investigating officer, permitting superior officers to direct further investigation.
H.N. Rishbud v. State of Delhi AIR 1955 SC 196: The Constitution Bench highlighted the statutory steps of investigation, including formal reporting to magistrates.

Courtroom Practice & Strategic Litigation Guidance:

Call for the transmission endorsement. If the preliminary investigation report was suppressed by the local station and never forwarded to the DSP or Magistrate, argue that the subsequent FIR was ante-timed.