Section 188 BNSS: Report of investigation by subordinate police officer (Formerly Section 168 CrPC)

Section 188 of Bharatiya Nagarik Suraksha Sanhita, 2023: Report of investigation by subordinate police officer

Official Bare Act Text

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

When any subordinate police officer has made any investigation under this Chapter, he shall report the result of such investigation to the officer in charge of the police station.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Charge Sec 2(1)(b) Investigation Sec 2(1)(h) Police Station Sec 2(1)(q)

Legal Commentary & Landmark Judgments: Section 188

Section 188 mandates that when any subordinate police officer has made any investigation under this Chapter, they shall report the result of such investigation to the officer in charge of the police station.

Subordinate Investigation: Investigation conducted by an ASI, head constable, or junior officer.
Formal Report to Station Head: Duty to submit written report of findings to the SHO.
Supervisory Synthesis: The SHO evaluates the subordinate report before submitting the final police report under Section 193.

Key Landmark Precedents:

H.N. Rishbud v. State of Delhi AIR 1955 SC 196: The Constitution Bench settled that investigation conducted by an unauthorized or subordinate officer without statutory competence requires close judicial scrutiny regarding prejudice.
State of U.P. v. Ram Swarup (1974) 4 SCC 764: Affirmed that internal reports under Section 168 CrPC (Section 188 BNSS) form part of the official investigation chain.

Courtroom Practice & Strategic Litigation Guidance:

In cross-examination, summon the preliminary report submitted by the subordinate investigating officer under Section 188. If the subordinate concluded that no case was made out and the SHO subsequently reversed it without new material, expose the discrepancy.