All India Police Duty Meet

01-07-2024

Ticket ID 1004:

The police are required to provide a status report for complaints within a maximum period of 90 days. How often should be this be done?.pl clarify

Reply:

Section 193(3)(ii) of BNSS mandates the IO to furnish information regarding progress of investigation by any means including through electronic communication to the informant or victim within a period of 90 days.

The progress of investigation shall contain the details of witnesses examined so far, documents collected, the details of accused arrested or whether they have issued any notice to accused u/s 35(3) BNSS or bonds taken from accused, material seized, steps taken and pending if any by the time.

The Act specifically mentioned about 90 days to furnish the information to the informant / victim. If the investigation could not be completed within the period of 90 days, the same can be furnished as on that date and after completion of investigation the same can be furnished.

Ticket ID 1005:

There are discrepancies regarding preliminary enquiry with respect to Section 173 and the Lalitha Kumari judgment. As per the Lalitha Kumari judgment, a preliminary enquiry can be extended up to 4 weeks after obtaining permission from the SP. Now, should we follow the Lalitha Kumari judgment or Section 173 CrPC? Which would prevail?

Reply:

There was no provision for preliminary enquiry by police officers earlier in Cr.P.C. we were guided by the Apex Court Judgment in Lalitha Kumari vs State of UP. The Lalitha Kumari vs State of UP judgment promulgated a period of 15 days which was extendable up to 6 weeks for reasons to be mentioned.

Now, Section 173(3) BNSS prescribes a period of 14 days for conducting the preliminary enquiry.

The preliminary enquiry is not mandatory in all cases and only in cases depending upon the nature and gravity and to find out if the contents reveal a prima facie case, a preliminary enquiry can be conducted in cases punishable for 3yrs or more but less than 7 yrs.

As per MHA guidelines, the DSP concerned has to accord permission for preliminary enquiry within 24 hrs.

In view of the above facts, the IO is expected to conduct and complete the preliminary enquiry within 14 days as prescribed by Section 173(3) BNSS.

The Act should be given preference over the judgment and only in circumstances, where the act is ambiguous or silent.

Ticket ID 1006:

The role of an investigation is to find out the truth. The facts mentioned by the complainants are not always true; some may be true, and some may be false. In this scenario, is it mandatory to record only the statements that support the prosecution, or should statements that do not support the prosecution also be recorded?

Reply:

The IO is obligated to record whatever the witness states relevant to the facts of the case.

The IO can decide as to what statements should be appended with the charge sheet.

If the IO feels that any statement so recorded is not relevant to the facts of the case, he may mention the same in the Part1-CD, which would be helpful to depose during the Trial.

Please refer to Police Manual Standing Order No 479(4).

The IO while considering the case should not act as a mere post office to transmit each and every case to the Court. At the same time, it is also not desirable that he should usurp the function of the trial court by examining the evidence inch by inch. Availability of sufficient evidence does not mean sufficient ground for conviction but such evidence as would be sufficient to put the accused on trial. Where there is reasonable doubt, as to what evidence is to be believed, it is better the SHO sends the case to the Court which is the proper authority to resolve the doubt. Where two views are possible the case should be sent for trial. A case should be charge sheeted if the following grounds exist on an overall assessment of evidence.

A. When there is a prima facie case;

B. When there is some legal evidence in support of the case, which if believed, may lead to a conviction;

C. When the evidence on both sides is equally balanced;

D. When the state of evidence is such that the benefit of reasonable doubt can possibly be given to the accused.

Ticket ID 1007:

CI Palakurthy, warangal district raised a query on the registration of FIR from 1.7.2024 his query is whether the FIR can be raised from 1.7.2024 in CCTNS 2.0.

Reply:

The Inspector of police is advised to raise his query in CCTNS help desk.

Ticket ID 1008:

What is the difference between 3(5) and 3(6) BNS?.please explain with suitable illustrations. And also explain how both are different from 3(8) BNS and when to apply?

Reply:

1. Section 3(5) BNS correlates to section 34 IPC.

2. Section 3(6) BNS correlates to section 35 IPC.

3. Section 3(8) BNS correlates to section 37 IPC.

Ticket ID 1009:

Sir Good Morning the issue of regarding Suicide of poisoning which section present applicable in new New Criminal Laws of BNSS previously Criminal Procedure Code.174

Reply:

The section 174 Cr.P.C correlates with section 194 BNSS.

Ticket ID 1010, 1011 & 1012:

Sir, Good Morning call received from SIP, Cyber Crime PS hyderabad asked for applyning old Sections of IPC 419, 420, 467, 468, 471, 506 IPC and 91 Cr.Pc, 160 Cr.pc , with new sections in BNS and BNSS pls inform. with new related sections as applicable for cyber Crime Cases.

Reply:

The IO is advised to go through the enclosed attachment.

Ticket ID 1013:

As per 69 BNS, is it mandatory to send the victim to Hospital for examination? If the victim is not willing for examinations, the relevant section attracts or not?

Reply:

As per section 184(7) of BNSS, without the consent of the victim / women or of any person competent to give such consent on her behalf, no medical examination can be done.

The medical officer will have to state in his report that he has not conducted the medical examination because there was no consent of the victim / women any person competent to give such consent on her behalf.

If consent of the victim / women or competent person is not obtained, then any medical examination done on the victim women is unlawful.

Ticket ID 1014:

POCSO related offences occurred on 10 days back and what sections and reported today what sections can apply for the offence 354 IPC in new laws of BNS

Reply:

The IO is advised to go through the chief office circular on application of penal provisions for the offences occurred prior to 01-07-2024 and reported on and after 01-07-2024, apply the penal provisions accordingly.

Section 74 of BNS correlates to section 354 IPC.

Ticket ID 1015:

A visit by a forensic team is being made compulsory at crime scenes where the punishment is 7 years or more.should we extend this requirement to economic offences as well?

Reply:

The sub section 3 of section 176 of BNSS only mentions where the offence is punishable for 7 yrs. or more, the forensic expert to visit the crime scene to collect forensic evidence and also cause videography of the process on mobile phone or any other electronic device.

The above provision includes economic offences where the punishment is 7yrs or more.

Ticket ID 1016:

good afternoon sir we seized sand tractor we conducting seizure and confession panchanama if there is a any need to record electronic audio and videography.

Reply:

As per section 105 and 185 BNSS, the seizure should be audio & video graphed and confession panchanama should also be audio & video graphed.

Upload the recorded video in CCTNS. Further follow the procedure as mentioned in the URL Link. https://youtu.be/V7dSu0aOBfE (to establish the contents of files are intact, to have chain of custody and also to protect the Hash value).

Forward the recordings to the concerned Magistrate without delay, not later than 48 hrs.

The IO is advised to go through the attachment of SOP (audio & video recording of scene of crime)

Ticket ID 1017:

good evening sir old section bail intimation 41(a) Cr.p.C present section ? present issued notice accused section and act and chapter in BNSS section please

Reply:

The corresponding section for 41 A Cr.P.C notice is Section 35 (3) of BNSS. Chapter V of BNSS deals with Arrest of persons.

Please go through Form No. 1 of Second schedule of BNSS (Notice for appearance before police) which is attached herewith.

Section 50 Cr.P.C (Person arrested to be informed of grounds of arrest and of right to bail) correlates with Section 47 BNSS.

Section 50A Cr.P.C (Obligation of person making arrest to inform about the arrest, to a nominated person) correlates with Section 48 BNSS.

Go through Page No’s from 41 to 63 (SOP on Arrest) in SOP for New Criminal Laws which is in Query Form of Intro Tab.

Ticket ID 1018:

Good evening sir, one self-skid complaint is received at 01-07-2024 as the person died. But the self-skid was happening on 28-06-2024. Then we have to register a case. which sections will attract of new criminal law?

Reply:

As per the contents of the query IO is advised to registered a case under section 194 BNSS, further advised to take superior officer instructions.

Ticket ID 1019:

Good evening sir on three days back i.e 28.6.2024 the deceased was consumed poison , while under going treatment the deceased was died on 01.7.2024 the question is FIR new section please ?

Reply:

As per the contents mentioned by IO over the phone by orally the provisions under section 194 BNSS can be applied.

Ticket ID 1020:

Good evening sir received a complaint regarding damaging of Easthern Banda of Irrigation tank - Chinna Erra Kunta in Palamakote, village, Shamshabad Mandal, RR District in which section will be keep in these offence

Reply:

As per the contents of the query of IO and petition the sections 324(2), 329(3) of BNS. Other sections may be added or deleted based on revelations of the investigation.

Ticket ID 1021:

Incident happened on 30-06-2024 at 2200 hours, Today I received the complaint from complainant shall I proceed with IPC section or Bharatya Nyaya Sanhita-2023 please me

Reply:

As per the contents of the query explained by the IO the incident occurred on 30.06.2024 at 22:00 hours. Therefore, the IO can apply the penal provisions under IPC

Ticket ID 1022:

Good evening sir ISC

The complainant mentioned committed theft on yesterday i.e. 30th june 2024, the complainant came to the PS reported this matter issued FIR IPC / BNS ?

Reply:

As per the contents of the query explained by the IO the penal provisions under sections 305(d), 331(4) of BNS are applicable.

Ticket ID 1023:

good evening sir. Query regarding CCTNS. While registering the FIR e-sign is required. at the place of e-sign or digital signature options will be show. But there are not showing any options.

Reply:

The IO is advised to raise a query in CCTNS Help Desk.

Ticket ID 1024:

Good evening sir (ISC) the complainant raised the question, FIR is already submitted CCTNS . for ensign signature for purpose all ready informed CCTNS NO and mail ID sir

Reply:

The IO is advised to raise a query in CCTNS Help Desk.

Ticket ID 1025:

Good evening sir (ISC) the complainant raised the question, FIR is already submitted CCTNS . for ensign signature for purpose all ready informed CCTNS NO and mail ID sir

Reply:

The IO is advised to raise a query in CCTNS Help Desk.

Ticket ID 1026:

Is it mandatory to record the scene of offence through videography in 194 BNSS cases?. In some instances, 194 BNSS cases may be altered to 103 BNS

Reply:

Though it is not mandatory to photograph / videograph the scene as per section 194 of BNSS, in general practice all the investigation officers of such cases invariably has to take photographs / videograph the scene for the purpose of investigation.

As there is every chance that 194 BNSS cases may alter to any of the section 103, 105, 80, 108 etc., of BNS, as such it becomes very essential to record scene of crime in electronic form.

As per section 105 (recording search and seizure through audio - video electronic means), 185 (1) to (5) (search by police officer) of BNSS, it is mandatory to record the scene in electronic means.

In view of the sections 103, 105, 185 of BNSS, it becomes mandatory to record the scene in electronic means in 194 of BNSS, as there is every possibility to seize the articles at the scene.

02-07-2024

Ticket ID 1027:

The charge sheet has been filed and a CC number obtained. The complainant filed a petition stating that the Investigating Officer (IO) did not take the statements of others and that additional statements were not recorded properly. Additionally, the vehicle involved in the crime was not seized. The earlier charge sheet did not mention an additional charge sheet. Can the IO file an additional charge sheet now? If so, is permission required from the Honourable Court under Section 193(9) BNSS or Section 173(8) Cr.P.C.? If the Magistrate denies permission, what is the next step to be taken?

Reply:

As per the procedure laid down in section 193 (9) of BNSS, further investigation can be taken up in the case without the permission of the concerned court. Additional charge sheet can be filed after completion of further investigation.

The question of obtaining permission from the court arises, once the trail is commenced.

If the permission is denied by the concerned court, the same can be appealed basing on the denial order issued by the concerned court.

Ticket ID 1028:

Sir, good morning. Recently, Cr. No. 307 Crime was registered on June 30, 2024. Now that the accused person has been arrested,. Can we follow the procedure under BNSS or Cr.PC, and one more doubt: vehicles or any sticks sized time must be video and audio recording or not.

Reply:

The cases which are registered prior to 1st July, 2024 has to be investigated as per Cr.P.C, but not BNSS.

At this juncture, there is no bar in proceeding with audio / video recording of seizure of articles.

Ticket ID 1029 & 1030:

Good Morning Sir, The Wife and husband fight today issue case old 498 (A) IPC. Now what section applicable of BNS to be obtained in place of 498(A) IPC in New criminal laws ?

Reply:

The corresponding section for 498 (A) IPC is Section 85 of BNS.

Ticket ID 1031:

Dear Sir/Madam, Please provide the suitable sections for this complaint. Complaint have seen in Twitter tweet on 01/07/2024, but it was posted on before 01/07/2024. ( Offense occurred before 01/07/2024 )

Reply:

The contents of the petition reveal the penal provisions u/s 319(2), 353 BNS and Sec 66D IT Act. Other sections can be added or deleted based on the revelations of investigation.

Ticket ID 1032:

Good morning Sir Procedure for recording statement and investigation purpose as per new criminal Major laws. Standard Operating Procedure (SOP) PDF copies. Please registered FIR.

Reply:

Please go through the SOP on examination and recording the statements of witnesses.

Ticket ID 1033:

Sir, good morning. Below 3 to 7 years of cognizable offenses 14 days preliminary inquiry permission to ACP/DSP rank officer, which cases applicable, not mention specific information, and one more question 3 years below punishment, not given clear instructions

Reply:

Please go through the SOP on Preliminary Enquiry as per NCL 2023.

Ticket ID 1034:

Good afternoon Sir, Last month, there was an accident that was not reported to the Police. The victim's family members were treated at the hospital but sadly, the individual passed away. Their parents have since filed a formal complaint. Which provision applies in this case? BNS 106 or Cr.PC 304-A

Reply:

The IO is advised to go through the chief office circular vide C.No.35/ NCL/ 2024 dated 25-06-2024, wherein the date of offence is prior to 1-07-2024 and reported on and after 1-07-2024, the penal provision under IPC can be applied and the procedure i.e., BNSS is required to be followed.

Please go through the chief office circular attached herewith.

Ticket ID 1035:

Respected Sir, Is there any provision in New Criminal Law about Hit and Run cases? if applicable please mention the New section in New Criminal Law

Reply:

Section 106(2) BNS is the penal provision for the offence of Hit and Run cases.

The Government of India, Ministry of Home Affairs issued gazette notification no 810 dated 23-02-2024, wherein vide S.O. 850(E) through which 01-07-2024 as on the date on which the new provisions of BNS shall come into force except the provisions of sub-section (2) of section 106.

In view of the above gazette notification, the notification of penal provision 106(2) of BNS cannot be applied.

Ticket ID: 1036

good evening sir Today i.e, on 02.7.2024 at about 1600 hours one bike and car accident occurred . In that bike driver injured and relatives of bike driver beaten the car driver and her husband. Then the car driver has given complaint that, bike driver relatives beaten her and her husband as well as they try to snatch the phone and gold chain. Then which sections will attract as per NCL 2023.

Reply:

As seen contents from the petition the following penal provisions under sections 281, 115(2), 126(2), 131, 352, 79, 189(2) R/W 190 of BNS are applicable. Basing on the revelations of the investigation further sections can be added and deleted.

Ticket ID: 1037

Good evening sir. Today one complaint received from Shiva Kumar in which he stated that one person cheated him by taking lakhs of rupees by stating and promising that we will start a company from last year 2023. Which sections will attract and shall we apply old IPC or new BNS?

Reply:

To attract penal provisions of the cheating main ingredients is that right from the inception the respondent cheated the complainant by dishonest intention and induced him to deliver the property.

The IO can conduct preliminary enquiry to ascertain whether there exist prima facie case for proceeding further.

It also appears there is abnormal delay in filling the petition in the light of the Apex code judgement in Lalitha kumari v/s State of UP preliminary enquiry can be conducted.

The IO can seek permission from the Assistant Commissioner of Police concerned (173(3) Cr.P.C)

If the preliminary enquiry reveals that, the respondent cheated the complainant the penal provision under section 420 IPC can be applied.

Act in concurrence with Superior Officers.

Ticket ID: 1038

Good evening Sir on 15th June 2024 registered a kidnaping case after that alter POCSO Act, how can i investigate the case tell me immediately sir.

Reply:

The IO is advised to go through the chief office circular vide C.No.35/ NCL/ 2024 dated 25-06-2024 which is attached herewith.

Ticket ID: 1039

Good evening Sir, 1) To conduct search and seizure in kirana shop, to seize cyllinders, is it necessary to obtain memo U/s 165 Cr.P.C . 2) Is it enough to video graph the respondent and seized material for a period of 5 minutes or to video graph entire search and seizure procedure. 3)can we take any break in the meantime.

Reply:

Please go through the attached SOP on Search and Seizure.

Ticket ID: 1040

Good evening Sir. In CCTNS after registering the FIR while updating the e-sign not showing any options and showing red cross mark. So please tell me how to solve the problem?

Reply:

The IO is advised to raise a query in CCTNS Help Desk.

Ticket ID: 1041

While registering FIR U/s 498 (A) IPC in CCTNS 2.0 after filling the form FIR Generate is not showing in green color and not able to confirming the FIR. What should I do now?

Reply:

The IO is advised to raise a query in CCTNS Help Desk.

03-07-2024

Ticket ID: 1042

Good morning Sir, How to record the crime scene in video graph ? (Time stamp camera or normal camera or any other camera? time period of video (One minute or 4 minutes or any other minuities?

Reply:

Please go through the SOP for audio / video recordings during Crime Scene visit and Search & Seizure.

The device used for audio / video shall be time stamp enabled by default. The recordings should be saved in “read only” mode.

Ticket ID 1043:

Please Send SOP on e-FIR and Zero FIR and recording of witness statement in Crime against women

Reply:

Please go through the SOP on e-FIR, Zero FIR and recording statements of witnesses.

Ticket ID 1044:

Today morning one hit and run case reported in narayanaguda ps limits. one female beggar died on the spot. At the spot we found the number plate of that crime vehicle and there is no CCTV footage. Would you please tell me how to draft the complaint and which section will attract as per new criminal law and if accused found what is the procedure we should follow?

Reply:

As per the contents of the petition the penal provision 106(1) BNS can be applied though it is a case of Hit and Run.

Section 106(2) BNS is the penal provision for the offence of Hit and Run cases.

In view of the above gazette notification, the notification of penal provision 106(2) of BNS cannot be applied.

Ticket ID 1045:

good evening sir today i.e on 03.7.2024 the Drug inspector came to ps lodged a petition. He seized duplicate drug and labels on this which sections will attract on the given attached petition?

Reply:

The contents of the petition reveal the penal provisions u/s 276, 277, 318(4), 336(3), 338, 340(2) of BNS. Other sections can be added or deleted based on the revelations of investigation.

Act in concurrence with superior officers.

Ticket ID 1046:

Good Evening Sir, please Explain how to draft Complaint ? And which section is applicable? What is the procedure according to BNSS if accused caught?

Reply:

As per the contents of the petition the penal provision 106(1) BNS can be applied though it is a case of Hit and Run.

Section 106(2) BNS is the penal provision for the offence of Hit and Run cases.

In view of the above gazette notification, the notification of penal provision 106(2) of BNS cannot be applied.

Please go through the SOP on HIT & Run (fatal) cases.

Ticket ID 1047:

Today we have caught a person with ganja and we are going to conduct confession and seizure panchanama along with audio- video recording. Then what is the procedure while recording confession and seizure panchanama with audio-video electronic recording?

Reply:

As per section 105 and 185 BNSS, the seizure should be audio & video graphed and confession panchanama should also be audio & video graphed.

Forward the recordings to the concerned Magistrate without delay, not later than 48 hrs.

The IO is advised to go through the attachment of SOP (audio & video recording of scene of crime)

Ticket ID 1048:

Good Evening sir, Today i.e, on 03-07-2024 received a complaint regarding chain snatching occured in our jurisdiction early morning in which section should I apply tell me sir

Reply:

The contents of the petition reveal the penal provisions u/s 304(2) BNS. Other sections can be added based on the revelations of the investigation.

Ticket ID 1049:

Good evening sir today on 03.7.2024 the complainant came to the ps and lodged a telugu written petition in which stated that on 30.6.2024 His wife and husband came to his house and beaten he with stick. and nextday i.e., 01.07.2024 they threatened him. the Telugu written petition enclosed here with.

Reply:

As seen from the contents of the petition for the incidents happened on 30-06-2024 the penal provisions 324 r/w 34 IPC attracts and for the incident happened on 01-07-2024 the penal provision 351 (3) of BNS attracts.

04-07-2024

Ticket ID 1050:

Good morning Sir, today i.e. 4-7-2024 registered a murder case how should procedure of audio and video recording and seen of punchanama as per new criminal laws. He say required SOPs.

Reply:

As per section 105 and 185 BNSS, the seizure should be audio & video graphed.

Follow the procedure as mentioned in the URL Link. https://youtu.be/V7dSu0aOBfE (to establish the contents of files are intact, to have chain of custody and also to protect the Hash value). Upload the recorded video in CCTNS.

Forward the recordings to the concerned Magistrate without delay, not later than 48 hrs.

The IO is advised to go through the attachment of SOP (audio & video recording of scene of crime).

Ticket ID 1051:

Sir Good morning. Today i.e. on 04.07.2024 morning a case was registered on receipt of a vehicle theft complaint. The vehicle subsequently was traced and rushed to the scene of offence for investigation. I'm not sure whether audio and video recording are required for conducting scene offence and recovery panchanama, requested for clarification.

Reply:

As per section 105 of BNSS, the seizure should be audio & video graphed.

Forward the recording to the concerned Magistrate without delay, not later than 48 hrs.

The IO is advised to go through the attachment of SOP (audio & video recording of scene of crime).

Ticket ID 1052:

Good afternoon Sir,

I received of a hit-and-run case today. Could you kindly let me know which clause applies in this situation and provide a complete explanation. The CIP, Jedcharella Rural PS, also states that Section 106(2) is appropriate and that any new sections should provide appropriate clarity.

Reply:

In the above case the penal provision 106 (1) of BNS has to be applied though it is a case of Hit and Run.

Section 106 (2) BNS is the penal provision for the offence of Hit and Run cases where the driver of the vehicle escapes without reporting it to a police officer or a Magistrate soon after the incident.

The Government of India, Ministry of Home Affairs has issued gazette notification with respect to section 106(2) BNS as under

S.O. 850(E).—In exercise of the powers conferred by sub-section (2) of section 1 of the Bharatiya

Nyaya Sanhita, 2023 (45 of 2023), the Central Government hereby appoints the 1st day of July, 2024 as the date on which the provisions of the said Sanhita, except the provision of sub-section (2) of section 106, shall come into force.

In view of the above gazette notification, the penal provision 106(2) of BNS cannot be applied now.

The above gazette notification is attached herewith.

Ticket ID 1053:

Good afternoon sir yesterday we registered a case u/s 109 BNS while recording scene of offence panchanam, while writing scene of offence panchanam we also taken video graphy and have taken hase value of video graphy. is there any format to send this video graphy to court please provide and tell me the procedure how to send the court.,

Reply:

As per SOP the recorded videography has to be uploaded in e- sakshya application of ICJS.

At present the said application is under testing.

Upload the video graph in CCTNS.

The Scene of Offence panchanama and other details about recording of videography may be submitted to the concerned court through memo without alteration of hash value along with 63(4)(C) certificate part A of BSA.

Ticket ID 1054:

Good Evening Sir, This is Naresh SI Narayanguda PS on 03/07/2024 we registered a case in Cr .No.231/2024 U/s 106(1) BNS, Sec 184/177 MV Act, the accused is apprehended in this case, can I arrest him or issue 41 A Cr.P.C please explain

Reply:

Please go through the circular issued by DGP, Telangana C.No.3340/C13/SCRB/CID-T/2023 dated 02-08-2023.Circular is attached herewith. The same circular may be followed for new criminal laws.

Ticket ID 1055:

Good evening Sir. A case is registered under section 139(2) (Kidnapping) BNS. In this case the victim is minor and traced. As per her statement the accused had sexual intercourse with the victim before and after 01.07.2024. At present which sections will attract as per IPC or BNS or Both?

Reply:

As per the version of the IO, the accused committed repeated sexual assault on a minor prior to 1-07-2024.

Therefore, the penal provision under IPC i.e., 376(2)(n) and section 5(l) r/w 6 of POCSO Act can be added to the existing section of Kidnap by filing a memo in the concerned court.

The investigation procedure under BNSS has to be followed.

Please go through the SOP on sexual offence cases.

05-07-2024

Ticket ID 1056:

Sir Good After Noon, I'm having technical issue the FIR upload time it says digitally sign the FIR copy not uploaded. Could you help explain how to upload sir

Reply:

The subject of CCTNS is looked after by Police Computer Services (PCS) at Chief office.

In this regard contacted the team of PCS and it is learnt that there is some technical issue in e-sign of C-DAC.

Please contact the help desk of CCTNS on 040- 27852366 / 27852377, 7675832688 for further follow up.

Ticket ID 1057:

Sir, Victime age 15 years one person sexual interforce committed on her before 01-07-2024 after multiple times after 01-07-2024 it is continued which section applicable in this matter

Reply:

As per the version of the IO, the accused committed repeated sexual assault on a minor aged about 15yrs prior to and after 1-07-2024.

Therefore, the penal provision under BNS i.e., 64(2)(m), 65(1), 78, section 5(l) r/w 6 of POCSO Act and section 3(2)(V), 3(1)(r)(s) and 3(1)(w)(i) of SC & ST (POA) Act. Other sections can be added or deleted based on the revelations of investigation.

The investigation procedure under BNSS has to be followed.

Please go through the SOP on sexual offence and SC & ST Act cases.

Ticket ID 1058:

Good evening Sir. In rape and POCSO cases

1) While recording statements of witnesses Shall we record video graphy or not?

2) While writing SOC shall we record video graphy or not?

3) While writing confession shall we record video graphy or not?

4) every step in investigation shall we record video graphy or not?

if shall record videography of everything in investigation whether in Pen drive or CD drive have to record and is there is any proforma for record video graphy and in how much time we should deposit in the court? Please give response as soon as possible and give clear instructions on video graphy in investigation.

Reply:

In Rape and POCSO Cases:

Q1. While recording statements of witnesses Shall we record video graphy or not?

As per Section 180 (3) of BNSS- The police officer may reduce into writing any statement made to him in the course of an examination under this section.

The statement of witnesses made under this sub-section may also be recorded by audio-video electronic means.

As per Section 176(1) the statement of the victim in a case of rape may also be recorded through audio – video electronic means.

As per section 26(4) of POCSO Act, wherever possible the Magistrate or police officer as the case may be, shall ensure that the statement of the child is also recorded by audio- video electronic means.

Q2. While writing SOC shall we record videography or not?

Ans: VIDEOGRAPHY RECORDING OF CRIME SCENE

As per sec 176(3) BNSS in the cases where the punishment is for 7 yrs and above it is mandatory to record the SOC by videography of process on mobile phone or other electronic device.

Q3. While writing confession shall we record videography or not?

Ans: Recording of confession statement through audio- video electronic means is optional.

In the cases where the person making statement is temporarily or permanently or mentally disabled, the recording shall be taken through audio-video electronic means preferably by mobile (183(6)(a) of BNSS).

Q4. every step in investigation shall we record videography or not?

Ans: Audio-video recording of every step of investigation remains optional on the part of police except where it is specifically mentioned in BNSS.

Forward the recordings by way of memo to the concerned Magistrate without delay.

The IO is advised to go through the attachment of SOP (audio & video recording of scene of crime).

Ticket ID 1059:

Good evening Sir, Today 1 hour back road accident occurred between bike and Bolero 4 wheeler. In that bike driver has died and pillion sustained with grievous injuries. crime vehicle is present and accused driver escaped. Which sections will attracted as per new BNS?

Reply:

Though it is a hit and run case, the IO is advised to register a case U/s 106(1),125(a) of BNS.

06-07-2024

Ticket ID 1060:

Good morning Sri, Yesterday i.e. 6-7-2024, received a suicide attempt case to required collect samples of Technical expert or FSL experts as per new criminal laws for clarification please.

Reply:

As per the version of IO, it is learnt that the deceased found dead under suspicious circumstances. Since it is a suspicious death, initially a case under 194 BNSS can be registered to know the cause of death, basing on the statements of witnesses and PME report, further action can be initiated.

The IO can take the assistance of clues team for collection of material evidence.

Ticket ID 1061:

Good Morning sir, what is new section is applicable for 174 suspicious. collection of material evidence is done by whether cluses team or FSL expert or IO can directly collect.

Reply:

The section 174 Cr.P.C correlates with the 194 of BNSS.

In 194 BNSS assistance of clues team may be taken for collection of material evidence.

If the offence is punishable for more than 7 yrs, forensic team has to visit the SOC.

Ticket ID 1062:

It is to submit that, if we received complaint in Pocso case from her father or mother, we mentioned their names in FIR or not

Reply:

Please go through the attachment on non-disclosure of identity of victim.

Ticket ID 1063:

Good morning Sir, Cr.No.85/2024 U/s 506 IPC date 21-06-2024. undergoing treatment the victim died at Gandhi Hospital, Secunderabad for clarification as per new criminal Laws

Reply:

The IO is advised to alter the section of law from 506 IPC to 108 r/w 3(5) of BNS.

File an alteration memo in the concerned court.

Ticket ID 1064:

Sir good Morning, I had a petition from Agriculture AE, Gopalpet Mandal about her workplace theft of a TV. She observed it on June 26th, 2024 when it was live and on July 2nd, 2024 when it wasn't there. She submitted a written complaint today, I'm asking which procedure to follow the new NCL in BNS or the IPC procedure please explain sir.

Reply:

Case can be registered under BNS.

Please go through the chief office circular on implementation of new laws.

Ticket ID 1065:

Good morning sir, on 06-7-2024, yesterday Zaffargadha ps Cr.No. 130/2024 on case registered u/s 9(1) TS Gaming Act is applicable 112 BNS in these case or not?

Reply:

Section 112 of BNS is not applicable to a case of gambling. The appropriate penal provision is u/s 9(1) TS Gaming Act.

Ticket ID 1066:

good afternoon Sir.

1). In one case we are giving the notice under section 35(3) BNSS. In that, there is any reply proforma from respondent side? Please share with us. 2). There is a remand in 498(A), 306 IPC case, in this situation arrest intimation should be given to his relatives as per Cr.P.C or BNSS?

Reply:

1. There is no prescribed proforma for submission of reply by the respondent in response to 35(3) BNSS notice.

2. As the occurrence of offence and registration of case is prior to 1-07-2024, follow the procedure as laid down under Cr.P.C.

Please go through the chief office circular on implementation of new laws in this regard.

Ticket ID 1067:

Good evening sir , Sir Today 06.7.2024 morning hours one Rape case was registered at Thurkapally PS, Rachakonda commiserate and one message was received , in which message take assistance of FSL Team, But how can we approach FSL Team and producer ?

Reply:

As per sec 176(3) of BNSS, where the offence is punishable for 7 yrs or more, forensic team has to visit the SOC for collection of material evidence as part of investigation.

As per the act the state shall, as early as possible not later than 5 yrs, make forensic evidence collection in such cases compulsory. Where a forensic facility is not available for the time being, it has been provided that the State Government may notify the use of such facility in another State.

For the time being since the said facility is not available, the services of existing clues team can be utilized.

Ticket ID 1068:

On 28-06-2024 at 1200 hours received a complaint regarding unknown person beaten to injured (Mahmood Ali khan) on his head at Durga wines, devi bagh. In this regard a case was registered in crime No: 71/2024, U/s 324 IPC regarding . During the course of investigation, I visited to Asra Hospital, where the injured was undergoing treatment as in patient vide MLC No. 14350, IP No. 1335654 and tried to examine the injured, but in vain as the injured was not in a condition to speak. Subsequently, on 29-06-2024 at 1900 hours, the injured was shifted to OGH and was admitted for treatment vide MLC No. 23371-24, IP No. 27897. While undergoing treatment on 04-07-2024 at 0645 hours, the injured was expired. On receipt of the said information, the LW-18 altered the section of law from 324 IPC to 304 r/w 34 IPC. on 05-07-2024 at 1200 hours arrested the accused persons and sent to judicial custody.

1) Whether video recording of witnesses statement is necessary in this case?

2) Can any further investigation be done in this case?

Reply:

As per Section 180 (3) of BNSS- The police officer may reduce into writing any statement made to him in the course of an examination under this section.

The statement of witnesses made under this sub-section may also be recorded by audio-video electronic means.

As per the BNSS act, it is not mandatory to record the statement of witnesses under audio- video electronic means, but wherever the IO feels necessary, he can do so to strengthen the case.

Ticket ID 1069:

Good afternoon Sir.

1) When we give a notice to the accused under section 35(3) BNSS. In that there is any comply form to old 41(A)(1)(b) Cr.P.C as per new Criminal Law?

2) There is a remand in 498(a), 306 IPC case, in this situation arrest intimation should be given to his relatives as per Cr. P.C or BNSS?

Reply:

1. There is no prescribed proforma for submission of reply by the respondent in response to 35(3) BNSS notice.

2. As the occurrence of offence and registration of case is prior to 1-07-2024, follow the procedure as laid down under Cr.P.C.

Please go through the chief office circular on implementation of new laws in this regard.

Ticket ID 1070:

Good evening sir , In prosecution case we are apprehended one lady organizer and two women victims and three customers. on this which sections will attract as per new criminal law BNS and PITA ?

Reply:

The IO is advised to register a case U/s 143(3) of BNS and Sec.3,4,5 of PITA Act. Act in concurrence with superior officers.

08-07-2024

Ticket ID 1071:

Good morning sir we registered kidnapping case, in that do we record SOC by video graphy or not ? if yes please tell me the procedure . and one more case registered u/s 137(2) of BNS , in that also do we record SOC by video graphy or not ? if yes please tell me the procedure . in these two above case's in how much time should we send to the court ?

Reply:

In Kidnap - 137(2) BNS and Theft 305 BNS recording of SOC through Audio Video graphy is not mandatory as the punishment is below 7 years and it is discretion of IO.

Ticket ID 1072:

Sir, Good afternoon, I'm calling from Nadigama PS, I received a hit-and-run case today. Could you maybe explain which part is applicable in this type of case under the new NCL

Reply:

Section 106(1) BNS is the penal provision for the offence of Hit and Run cases.

In view of the above gazette notification, the notification of penal provision 106(2) of BNS cannot be applied.

Ticket ID 1073:

On 25-04-2024 at 14:00 hours, received a English typed complaint from Kali Ram Kumar, S/o K.Ramlal, Age:48 Yrs, Occ:Business, R/o H.No.20-1-882, Pardiwada, Puranapool, Hyderabad, Ph.6281964370. In which he stated that on 24.04.2024 at evening hours he seen a Voice Message in the WhatsApp group (Nakkala Hindu Samaj) sent by an unknown person with contact No.8121040800 contained inflammatory content, alleging that ‘‘Pardhi caste of Purnapool are Supporting AIMIM Party and they are Terrorist Basthi’’ and another Message is ‘‘ Ram bhai if you are interest in AIMIM party, you can convert to the Muslim community”. These are the Communal comments made by the unknown person. In this regard a case has been registered in crime no: 40/2024, U/s 295 A IPC. During the course of investigation, I apprehended the accused person K.Ravi Shankar and recorded his confession cum seizure panchanama in the presence of panchas and seized his mobile. 1) Whether any prosecution permission is required in this case?

Reply:

To take cognizance of the offence U/S 295 A IPC, previous sanction of the Government is required as per S. 196 Cr. P.C.

Therefore, for obtaining prosecution sanction a letter to the Government has to be routed through C.P’s Office.

09-07-2024

Ticket ID 1074:

Good afternoon sir, as per section 37 BNSS arrest particulars should maintain at district level and each police station. in which type of cases should we maintain arrest register (35 notice or only remand particulars should maintain)?

Reply:

As per section 37 BNSS, the particulars of the accused who are arrested to be maintained at district level and PS level.

Notice to an accused u/s 35(3) of BNSS does not amount to arrest of the person. In view of the above a separate register is required to be maintained for the persons arrested.

Another register can be maintained for the persons to whom a notice u/s 35 (3) BNSS has been served.

Ticket ID 1075:

Good evening sir, a complaint received from krishnaveni about the rape contents so I am asking to you sir What sections will attract the enclosed petetion Please clarify sir

Reply:

As per the contents of the petition Section 376, 506, 384, 385 r/w 34 IPC can be applied. Other sections can be added or deleted based on the revelations of investigation.

Act in concurrence with superior officers.

10-07-2024

Ticket ID 1076:

Good evening Sri, Rape case and murders cases accused confession statement recorded audio and video and witness statement audio and video mandatory as per new criminal laws. please clarification.

Reply:

As per section 173 (provisio) BNSS, recording the statement of physically or mentally disabled persons through electronic means i.e., videography, for the offences u/s 64 to 71, 74 – 79 and sec 124 BNS is mandatory.

As per section 176(1) BNSS, the recording of the statement of the Rape victim through audio – video electronic means, is optional.

As per section 180 BNSS, the recording of the statements of witnesses through audio – video electronic means, are optional.

The recording of confession statement of the accused through audio – video electronic means is optional.

Ticket ID 1077:

Good evening, Sir. A case was registered on 15-05-2024, as Cr. No. 99/2024 under Section 302 read with 34 IPC (murder case). According to the new criminal laws or the old Cr.PC, what procedure should we follow for the investigation?

Reply:

Plz go through the chief office circular Memorandum vide C.No.35/NCL/2024, Dated:25/06/2024.(Instructions on implementation of New Criminal major Laws).

Ticket ID 1078:

On 21-06-2024 at 1900 hours, incident occurred and reported on 28-06-2024 at 1200 hours. In this regard a case has been registered in crime NO: 71/2024, U/s 324 IPC. During the course of investigation, IO collected/Seized the beer bottle glasses (MOs) from the SOC, but that MOs not having blood marks. So is it necessary to send the seized beer bottle glasses (MOs) for FSL.

Reply:

If it is suspected that either blood stains or finger prints (of accused) are on seized beer bottle glasses, the same may be confirmed through clues team before sending them to FSL. If they are available, then only the same may be forwarded to FSL.

Ticket ID 1079:

"Good afternoon. On July 10, 2024, we received a petition from a State government employee regarding an incident on July 8, 2024. An unknown person called him claiming to be a DSP officer in the Anti-Corruption Department and made corruption allegations against him. To create fear, the caller demanded Rs. 5 lakhs, of which the petitioner transferred Rs. 2 lakhs via a phone payment app. The petitioner later discovered that the caller's identity was false and that he had been cheated. This incident falls under new criminal laws, and clarification is sought."

Reply:

The contents of the petition reveal the penal provisions u/s 308(2), 204, 318(4), 319(2) BNS and 66D IT Act, 2000. Other sections can be added or deleted based on the revelations of investigation.

Act in concurrence with superior officers.

11-07-2024

Ticket ID 1080:

Good morning Sir. Yesterday, we registered a case in Crime Number 98/2024 under section 74, 118 BNS. In this case should we give bail or not?

Reply:

Please go through the chief office circular on arrest and non-arrest of accused.

Ticket ID 1081:

Good morning Sir. In NDPS case A1 confessed that, he purchased ganja from A2 and he told the address of A2, but on enquiry A2 address is not found. He gave a false address. In this situation what should we do? Tell me the investigation procedure?

Reply:

The IO is advised to collect the CDR, CAF of the both the accused and verify the same.

The IO can verify with the villagers about the particulars of A2.

Inspite of best efforts the IO could not trace the suspected A2, apprise the facts to the senior officers and act accordingly.

Please go through the SOP on NDPS Act cases.

Ticket ID 1082:

1)We received a info about pds rice we seized the rice bags and auto is it mandatory to record audio video with Panchas

2)under what section we search

3)if we randomly doing vehicle checking if we found illegal ganja or etc can we record from that offence

Reply:

1)We received a info about pds rice we seized the rice bags and auto is it mandatory to record audio video with Panchas

2)under what section we search

Ans: Since there is specific information about illegal transportation of PDS rice, make GD entry and conduct search and seizure of the items/ materials by proceeding to the scene. The search and seizure shall be recorded through electronic means as per section 105 BNSS.

The said electronic recordings shall be forwarded to the concerned court without delay.

3) if we randomly doing vehicle checking if we found illegal ganja or etc can we record from that offence

Ans: Any search & seizure including preparation of list of seized items and the signing of it by the witnesses as per section 105 BNSS, shall be recorded through any audio – video electronic means preferably mobile phone and the same shall be forwarded to the court without delay.

Ticket ID 1083:

Good morning Sir. One minor has done road accident and he did not have driving license. in this situation do we add as a accused his parents or vehicle owner? Please tell me.

Reply:

The IO is advised to collect the ownership particulars of the vehicle involved in the accident from RTA, transfer of ownership or custodian of the crime vehicle at the time of incident.

After establishing the actual owner /custodian of the crime vehicle, he can be cited as accused.

If the crime vehicle is not having valid insurance the same may be seized and deposited in the court as per the apex court judgment in Jay Prakash vs National Insurance Co.

Furnish the details of accident information report in Form no 54 to the MACT.

section 180, 181 and 196 of MV Act can be applied apart from the penal provisions under IPC depending upon the facts of the case.

S181 MV Act. Driving vehicles in contravention of section 3 or section 4. —Whoever drives a motor vehicle in contravention of section 3 or section 4 shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both.

S180 MV Act. Allowing unauthorised persons to drive vehicles. —Whoever, being the owner or person in charge of a motor vehicle, causes or permits, any other person who does not satisfy the provisions of section 3 or section 4 to drive the vehicle shall be punishable with imprisonment for a term which may extend to three months, or with fine which may extend to one thousand rupees, or with both.

If the vehicle is not having valid insurance the owner of the vehicle is liable u/s 196 MV Act.

Ticket ID 1084:

Good afternoon Sir, Do we have to record confession and seizure Panchanama in Non Grave property cases also? If it is mandatory, please let me maximum size of video file that we can record and upload in CCTNS after seizure panchanama. –

Regards, Mahendar Reddy, CI Palakurthy.

Reply:

There is no discrimination about recording of confession and seizure panchanama either in grave or non-grave cases as per section 105 and 185 of BNSS.

Please follow the SOP on AV recording issued by ADG, CID, TG which is attached here under.

Ticket ID 1085:

good afternoon sir,

On 09.06.2024, FIR Case No. 80/2024 was registered under Section 174 of the Cr.P.C. Later today, the section was altered to 306 IPC. The father of the deceased visited the police station, where he took possession of a cell phone and played a video concerning the harassment of the deceased's parents. (The deceased, numbered 1 and 2, had committed suicide by hanging.) As per the new criminal laws, clarification is required regarding the following:

1.Was the cell phone seized by the police?

2.Has the video been sent for forensic examination (FSL)?

3.Was a seizure panchanama conducted?

4.Were audio and video recordings made?

Reply:

The incident occurred prior to 1-07-2024 and a case was also registered prior to 1-07-2024.

As per the chief office circular memo no 35/NCL/ 2024 dt: 25-06-2024, the Cr.P.C procedure has to be followed during investigation.

The mobile can be seized by following due procedure and send the same to FSL with a request to verify the relevant portion of the data and furnish a report mentioning the exact date and time of the recordings, any additions, deletions etc., noticed in it.

Ticket ID 1086:

Sec 37(b) BNSS any circular from DGP office to appoint ASI for maintain a record of arrest persons details in police station please clarify sir

Reply:

Chief office prepared SOP on new criminal laws. The SOP on proforma on designated police officer is enclosed herewith. The officer in-charge of police at station level to designate a police officer not below the rank of ASI.

12-07-2024

Ticket ID 1087:

On 10.07.2024 we have registered a case Cr no. 119/2024 us 137(2)BNS. today victim minor girl came to PS gave her statement. In that

1. She was repeatedly raped by known person from Jan 2024 to 15th Jun 2024.

2. she is under age of 16 yrs,

3. She is belongs to ST/yerukala caste

4. She is now 3 months pregnant

5. On 10.07.2024 Accused gave injection, tablets to her for miscarriage of pregnancy Sir which sections are attract to above said points for section alteration

Reply:

The contents of the petition reveal the penal provision u/s 64, 65(1), 89 BNS and sec 5(l) r/w 6 of POCSO Act, 3(1)(w)(i), 3(2)(v) of SC & ST (POA) Act. Other sections can be added or deleted based on the revelations of investigation.

Act in concurrence with superior officers.

Ticket ID 1088:

Good afternoon sir,

PDS rice caught by civil supply officers and they conducted seizure panchanama and not taken video graphy and came to PS and given a petition. On this we are going to register a case. In this situation video graphy should we record or not? if yes please tell me the procedure.

Reply:

As stated in your query, the officials of civil supplies corporation officials filed a petition in the police station, after conducting seizure of PDS rice, and requested to issue FIR.

As per BNSS 2023, the search and seizure shall be recorded through electronic means as mentioned u/s 105 and 185 BNSS. Since the officials of civil supplies corporation conducted seizure of the PDS rice, now the question of recording through electronic means does not arise.

Please go through the SOP on crime scene visit, search and seizure, SOP on search and seizure of digital evidence.

Ticket ID 1089:

Sir, Good afternoon,

Today i.e. 12-07-2024 the Irrigation AE filed a petition over a former cultivator's use of land within FTL boundaries, causing harm to the lake due to illegal encroachment, and determining the appropriate section and please explain in detail which section applicable for clarification

Reply:

The contents of the petition reveal the penal provisions u/s 326(a), 329(3) BNS and sec 3 of PDPP Act. Other sections can be added or deleted based on the revelations of investigation.

15-07-2024

Ticket ID 1090:

In BNS add the new section 69 BNS, if registered case under this section then it is Grave case or Non Grave case, detail section explanation is need sir

Reply:

As per Police Manual Standing Order No 52(7)(G), the offence under rape is termed as Grave offence.

Ticket ID 1091:

Sir Good Morning Sir, An officer gave deletion orders for accused person in a Suryapet, 2 town PS, in a crime u/s 498 IPC. In another instance received instructions from DSP rank officers to delete the accused. Kindly clarify on the requirement of permission of the SP level officer or DSP level officer to delete the accused in an offence u/s 498(A) IPC.

Reply:

As per Police Standing Order No 479(6), in grave crimes and sessions cases the CD file has to be submitted to CP /SP / Addl SP, with the comments of ACP / SDPO. After obtaining opinion of the CP / SP the case can be finalised in consultation with the PP / APP concerned.

As far as deletion of the name of the accused from the charge sheet is concerned, the same has to be mentioned in the non- charge sheeted column at serial no 12 of Form no 69.

The deletion of the accused from the charge sheet to be informed to the complainant in Form no 70 at the time of filing charge sheet.

(Please go through the AP High Court judgement in Kotla Hari Chakrapani Reddy vs State of AP, with regard to deletion of accused from the charge sheet.)

As per the judgement in Kotla Harichakrapani reddy vs State of AP, Police cannot delete accused unilaterally. The permission of the Court is required to delete the accused already arrayed so in the case. It is mandatory to issue notice of deletion of accused / charge to the defacto complainant so as to enable the complainant to seek appropriate relief from the Court.

Act in concurrence with superior officers.

16-07-2024

Ticket ID 1092:

Sir Good Morning, Cr.No.150/2022 U/s 279 case registered in Jagadevpur PS, regarding the accused person driver injured and the opposite vehicle driver is not injured their vehicle damaged that time accused party went to insurance claim refunds but that was rejected reason the person not mention in injuries then accused person put a private compliant in court the court direction file FIR last two months back we are re-investigation the accused person mistake but the accused person find an injuries so now this case charge or case was closed or otherwise file a supplementary charge sheet please clarify in detailed.

Reply:

As seen from the attachments, it appears it is a case and counter case.

The IO finalized one case and filed charge sheet against the accused as per the evidence collected during the course of investigation.

In view of the above, the IO is advised to contact the Legal Advisor concerned along with two CD Files and seek opinion.

Act in concurrence with Superior Officers.

Ticket ID 1093:

Sir, Good after noon, The bike owner gave complaint regarding his bike was theft on 13-07-2024 registered a 303(2) as per in BNS the accused person trace out and in our custody and bike also recovered now how to proceed in confession cum seizure panchanama through video and audio for clarification.

Reply:

The recording of confessions and statements through Audio- Video Electronic Means is optional as per section 183 BNSS

For taking possession of any property, article or thing including preparation of the list of things seized shall be recorded through Audio-Video Electronic Means as per sec 105 BNSS.

Ticket ID 1094:

Good evening sir , We registered a case in Cr.NO 126/2024 U/s 318 (4) BNS & Sec 7 of EC Act in PS Wanaparthy Rural . in the above case whiled recording CDF, shall we record video graphy or not as per new criminal Law ?

Reply:

As stated in your query, the officials of civil supplies corporation officials filed a petition in the police station, after conducting seizure of PDS rice, and requested to issue FIR.

Please go through the SOP on crime scene visit, search and seizure, SOP on search and seizure of digital evidence. (SOP ON SEARCH AND SEIZURE OF DIGITAL EVIDENCE, SEARCH AND SEIZURE PROTOCOL- FORENSIC PERSPECTIVE)

Ticket ID 1095:

Good evening Sir. Prior to 01-07-2024 cases, If we want to give notice, whether have to give notice U/s 41(A) Cr.P.C or 35(3) BNSS? Please clarify?

Reply:

The cases which were registered before 1st July 2024, IO should follow the procedure laid down in the Cr.P.C. Please go through the attached Memorandum C.No.35/NCL/2024 dated 25-06-24 of DGP,TG,Hyd.

18-07-2024

Ticket ID 1096:

Sir, Good Morning, Good morning.

Yesterday, a petition relevant to the Hit and Run complaint was registered under Cr. No. 142/2024. As of right now, BNS 106 (1) has been registered. Therefore, either this section or another section applicable. Please clarify sir

Reply:

As per the contents of the petition the penal provision 106(1) BNS can be applied though it is a case of Hit and Run.

Section 106(2) BNS is the penal provision for the offence of Hit and Run cases.

In view of the above gazette notification, the notification of penal provision 106(2) of BNS cannot be applied.

Ticket ID 1097:

Good morning, On July 16, 2024, an unidentified vehicle collided with Mr. Mallaiah, aged 46, resulting in his immediate demise on July 17, 2024. A case has been registered under Cr. No. 142/2024, invoking section 106(1) of the BNS. We kindly request your guidance on whether section 106(1) of the BNS applies in this situation.

Reply:

As per the contents of the petition the penal provision 106(1) BNS can be applied though it is a case of Hit and Run.

Section 106(2) BNS is the penal provision for the offence of Hit and Run cases.

In view of the above gazette notification, the notification of penal provision 106(2) of BNS cannot be applied.

Ticket ID 1098:

Good afternoon sir Based on the court-referred case, we have registered a case under Cr. No. 24/2024 under Section 420 IPC and Section 156(3) of the Cr.P.C. The complainant alleges that the accused and the complainant's father are brothers. They both initially purchased 3.29 guntas of land from one Hafeez Miya. Subsequently, the complainant received 1.29 guntas through a gift deed, while the remaining 2 acres were registered in the name of the complainant's brother. The accused registered 1.29 guntas in the name of his eldest son and later registered the entire 3.29 guntas through the Dharani portal, despite only having purchased 2 acres. We have collected related documents from the Sub-Registrar's Office, which confirm the complainant's claims. Based on this evidence, can I proceed to file charges against the accused?

Reply:

The IO is advised to contact the legal advisor concerned along with CD file to seek opinion.

Act in concurrence with superior officers.

19-07-2024

Ticket ID 1099:

Sir Good Morning, The above 7 years case crime scene time is there no any seizure evidence crime scene that time investigation purpose video and audio recording necessary or not and one more doubt bellow 7 years case crime scene time is there seizure evidence that time in these time video and audio recording necessary or not please explain and clarify sir.

Reply:

As per section 105 (recording search and seizure through audio - video electronic means), 185 (1) to (5) (search by police officer) of BNSS, it is mandatory to record the scene in electronic means.

The above provision includes economic offences where the punishment is 7yrs or more.

In view of the sections 103, 105, 176(3), 185 of BNSS, it becomes mandatory to record the scene in electronic means, as there is every possibility to seize the articles at the scene.

Note:

1) In all types of crimes irrespective of the punishment prescribed, the audio – video recording is compulsory.

a) In cases where the punishment is 7 yrs.’ or more, cause (call / request) the forensic expert to visit the crime scene to collect the forensic evidence is mandatory. At present said forensic team is not available, hence services of existing clues team can be utilized.

b) In all cases, IO himself can record the crime scene by electronic means or can utilize the services of clues team.

2) As far as recording the statements of witnesses’ u/s 180(3) (proviso) BNSS may also be recorded by audio- video electronic means.

3) The information recorded by a police officer for the offences under sec 64 to 71 and 74 to 79 or sec 124 BNS, where the victim is temporarily or permanently mentally or physically disabled in the presence of an interpreter or a special educator shall be video graphed.

Ticket ID 1100:

In a murder case, we recorded the scene of the offense seizure panchanama, witness examination, with a constable in audio and video, and we also generated a hash value for it. Who should issue the certificate for this?" for clarification.

Reply:

1) Details of camera, date/time and description of storage media i.e. memory card should be mentioned in seizure memo which matches with the details generated by camera.

2) Hash value of the individual image/ video footage to be mentioned in the panchnama.

3) Ensure admissibility of the digital evidence, by following the procedures mandated by law including the certificate under Sec. 63(4)(c) of BSA and maintain the authenticity and data integrity through the hash values in different places of transmission and storage.

4) 63(4)(c) certification does not require the owner of device but the person who actually manages the device regularly at the relevant time.

5) Don't disturb the crime scene before taking photographs and Video.

6) Submit the digital evidence immediately in jurisdictional court along with certificate under Sec. 63(4)(c) Part A of BSA

7) Mention the hash value of the individual photograph and video in the case diary.

8) Fill the chain of custody form.

Please go through the attached chain of custody form and 63(4) (c) BSA certificate proforma.

22-07-2024

Ticket ID 1101:

Explain your query

sir good morning arrest prosses in crime against woman cases if the accused minor boy accused in case how can we procced in this case

Reply:

As and when Child Conflict with Law is apprehended, in cases where the punishment is up to 7 years, a notice u/s 41A Cr.P.C shall be given to the parent/ guardian of the CCL. If the arrest of the CCL is required, he can be produced before the presiding juvenile justice board.

Please go through the SOP on change in jurisdiction JJB’s.

Act in concurrence with Superior Officers.

Ticket ID 1102:

Good morning sir we need copy of documents, is there Memo/Circular regarding not uploading of FIR in 354 IPC cases in Police websites/portal. Thanking you sir

Reply:

Please go through the chief office circular on non-disclosure of identity of victim.

Please contact CCTNS help desk for further clarification. Ph no: 7675862688.

Ticket ID 1103:

Sir, good afternoon this is a court referred case. While uploading in CCTNS only the penal provisions are being displayed and the Cr.P.C / BNSS section156(3) / 175 BNSS is not displaying in CCTNS programme. can you give clarification as per new criminal laws for online FIR entry purpose. not getting display in CCTNS.

Reply:

Please contact CCTNS help desk for further clarification. Ph no: 7675862688.

Please go through the chief office circular on implementation of new criminal laws.

Though the offence occurred prior to 1-07-2024 and reported after 1-07-2024, the penal provisions under IPC can be applied and the procedure under BNSS is applicable. Therefore, while uploading the FIR in CCTNS, the section 175 BNSS can be selected.

Ticket ID 1104:

Good afternoon sir, భూమి విషయంలో కంప్లైంట్ ను Accused గొడ్డలితో కొట్టాడు అందుకు భాగంగా కంప్లెయింటెంట్ పిఎస్ కు వచ్చి కంప్లైంట్ ఇచ్చినాడు ఎస్ఐ గారు కేసు రిజిస్టర్ చేసినారు Cr.no.131/2024 U/S 109 BNS dt.21/7/2024 time 8.50 AM కేసులో భాగంగా Investigation SOP ఇవ్వగలరు

Reply:

Please go through the SOP on 109 BNS.

23-07-2024

Ticket ID 1105:

AS per new criminal law there is provision of conducting preliminary enquiry for offence with punishment between 3 years to 7 years, in this written permission of DSP Rank officer is required, however there is no format mentioned for giving this permission. It is requested to share as standard format for the same. Also format of letter to be written by SHO to DSP.

Reply:

Please go through the SOP on preliminary enquiry and pro-forma seeking permission of the DSP and permission accorded.

24-07-2024

Ticket ID 1106:

One case, 174 Cr.P.C registered in Afzhalgunj PS, transferred to Chatrinaka PS on jurisdictional grounds. Now if re-register a case shall we register a case as per Cr.P.C or new BNSS? Please tell me Sir.

Reply:

As per the information furnished by the IO, a case u/s 174 Cr.P.C was registered in Afzulganj PS in the month of January 2024 and transferred to Chatrinaka PS on point of jurisdiction, the concerned CD file on 24-07-2024. The IO has to re-register the case as per the provisions under old criminal laws only. The IO can re-register u/s 174 Cr.P.C and further investigation has to be carried out as per Cr.P.C provisions only.

Ticket ID 1107:

Good afternoon Sir.

A case was registered in Cr. No: 326/2024 U/s 108 BNS of Bhupalapally PS on 06-07-2024. In that the IO has taken video graphy of Crime Scene in his own mobile phone.

Then the IO wants to know that,

1. How to take hash value for this video?

2. How to submit this video to the Court?

3. Is there any procedure to record video grahpy in such cases more than 7 years punishment cases?

Please provide me sir.

Reply:

Please go through the SOP on AV of crime scene and steps to be followed for submitting the video in court.

1) In all types of crimes irrespective of the punishment prescribed, the audio – video recording is compulsory.

b) In all cases, IO himself can record the crime scene by electronic means or can utilize the services of clues team.

2) As far as recording the statements of witnesses’ u/s 180(3) (proviso) BNSS may also be recorded by audio- video electronic means.

Ticket ID 1108:

Good evening Sir, on 23/7/2024, Last night there was a theft in the temple, they broke the lock and opened the doors and stole a nosepiece from God. as per New Criminal Laws for clarification.

Reply:

The Section 331(4) and 305(d) of BNS can be applied.

25-07-2024

Ticket ID 1109:

Sir, Good Evening, Last night, the robbers entered the temple, broke the lock and doors inside, took away gold and brass from the nose of the goddess, and fled from there. As for BNS which section is applicable new Criminal Laws please clarification sir.

Reply:

The Section 331(4) and 305(d) of BNS can be applied.

A new provision in section 105 is added making the videography of the process of search and seizure including the preparation of list of seized items and signing of it is made mandatory. This provision stipulates the IO to record the scene of observation panchanama, seizure of material objects found at the scene of offence or any other seizure during the investigation of an offence shall be recorded through audio – video electronic means.

A) In sec 176(3) BNSS, where the punishment is 7 yrs and above the visit of forensic experts to the crime scene to collect forensic evidence is mandatory. Where such forensic expert’s services are not available, the State Govt., may notify the use of such facility of another State. The IO’s can utilize the services of existing clues team till the State Govt., provides sufficient number of forensic experts in the State.

B) In all the offences irrespective of the punishments, wherever the search and seizure is required for the purpose of investigation, the IO himself (if necessary with the help of technically competent person who can handle the equipment i.e., mobile / handy cam etc.) has to record the same.

C) The recorded audio –video has to be forwarded to the jurisdictional court immediately.

4. A) As per sec 180(3) BNSS, the recording of statements of witnesses through audio –video electronic means is optional.

B) Recording the confession statements u/s 183(1) BNSS through audio – video electronic means is optional.

5. Any search and seizure under the provisions of 185(1) BNSS shall be recorded through audio – video electronic means.

6. Arrest of any accused to be intimated to the designated police officer in the PS and in the district.

Please go through the SOP on HB by night.

Ticket ID 1110:

Good morning sir Please explain about sec 69 BNS is grave or non grave it is need to explain to officers

Regards

Raghuramulu ASI

DCRB Kothagudem

Bhadradri Kothagudem

8328154026

Reply:

As per sec 69 BNS, the accused participated in sexual intercourse on false promise of marriage, employment, promotion or by suppressing the identity etc., which is not amounting to the offence of rape.

The punishment provided for the offence u/s 69 BNS is for a term which may extent to 10yrs and the offence is triable by court of session.

As per Police Manual Standing Order no 52(7)(G), the offence of rape is termed as Grave offence and the sec 69 BNS mentions the word “not amounting to the offence of Rape”.

In view of the above contradictions, the same can be escalated to the senior officer through proper channel, whether to treat this as a Grave or non-Grave offence.

Ticket ID 1111:

Good morning sir I am here with attached one petition, i request you to go through the petition and pls suggest can we register a case

Reply:

The provisions of IPC u/s 466, 467, 468, 471, 409, 167 r/w 34 can be applied. Other sections can be added or deleted based on the revelations of investigation.

Act in concurrence with superior officers.

26-07-2024

Ticket ID 1112:

Sir good evening, iam here with attaching one petition kindly go through the petition and suggest whether can we register a case or not Thank you sir

Reply:

The IO can conduct Preliminary enquiry to know whether prima facie offence has made out or not. More particularly on the following penal provisions 466, 467, 468, 471, 409, 167 r/w 34 IPC.

Act in concurrence with superior officers.

27-07-2024

Ticket ID 1113 & 1114:

Good morning Sir, please clarify the section of law and procedure details, in this petition complaint already married with one person, petitioner mentioned rape content, rape applicable or not

Reply:

As seen from the contents of the petition the complainant and the respondent moved together, including physical relationship. Subsequently they got married in Arya Samaj. After marriage, the respondent not responding to the calls of the complainant and the parents of respondent not accepting the marriage and threatened to kill her etc.

Therefore, the penal provision u/s 498A, 417, 506 r/w 34 IPC can be applied. Other sections can be added or deleted based on the revelations of investigation.

Act in concurrence with superior officer.

Ticket ID 1115:

Good After noon sir

One case is registered in cr.no. 425/2024 u/s 69 BNS of PS Subedari of Warangal District. Sec 69 BNS (New criminal Laws ) is Rape or not? and one more doubt is this crime is grave or not? Please clarify sir.

Reply:

The punishment provided for the offence u/s 69 BNS is for a term which may extent to 10yrs and the offence is triable by court of session.

As per Police Manual Standing Order no 52(7)(G), the offence of rape is termed as Grave offence and the sec 69 BNS mentions the word “not amounting to the offence of Rape”.

In view of the above ambiguity, the same can be escalated to the senior officer through proper channel, whether to treat this as a Grave or non-Grave offence.

However, the case can be investigated by Inspector of Police.

Ticket ID 1116:

Good afternoon sir, I received a complaint through register post from Bandaru ennaiah in which he stated that he has 1.26 acres land in Reaballe village of chintalapalem Mandel in sy.no.97/అ2/2. His adjcent land belongs to meesala sharath kumar.he is having 1.26 acres land in Reaballe village of chintalapalem Mandel in sy.no.97/అ2/1. on 26-06-2024 meesala sarath kumar entered into the complainant land and damaged fencing and changed bounadries. During the enquiry, it came to know that there is insufficient land in above sy.No. Hence, it is requested to give the legal opininon in this matter.

Reply:

The contents of the petition reveal the penal provision u/s 447, 427, 506 r/w 34 IPC. Other sections can be added or deleted based on the revelations of the investigation. Follow the procedure as laid down under

BNSS.

Act in concurrence with superior officers.

30-07-2024

Ticket ID 1117:

ఫిర్యాదుదారు తోట ఏడుకొండలు నక్కగూడెం గ్రామ శివారులో గల రెండున్నర ఎకరాల వ్యవసాయం భూమిని తన సొంత అన్నా ఆయన తోట వెంకటేశ్వర్లు నాకు సగభాగం వస్తుందని చెప్పి తోట ఏడుకొండలు వేసిన పత్తి పొలంని ట్రాక్టర్ తో దున్నడం జరిగింది. దున్నిన భూమి వెంకటేశ్వర్లు, ఏడుకొండల యొక్క నాన్నగారి పేరు మీద ఉంది. భూమి ఫిర్యాదారి పేరు మీద గాని accused మీద గాని లేదు. Hence, Complaint is coginable or not?

Reply:

The IO is advised to conduct preliminary enquiry to know any prima facie offence is made out, more particularly to know who is having legal right over the said property, whether there is any property dispute between brothers regarding the said property.

If the preliminary enquiry reveals prima facie of offence 329(3),324(4) (5) BNS can be applied.

31-07-2024

Ticket ID 1118:

Good Morning Sir, I SIP Veldanda PS How to upload an electronic signature in charge sheet and to provide any video recording how to apply electronic signature

Reply:

Whatever procedure following in uploading FIR, the same may be followed in uploading charge sheet. For Further queries contact CCTNS help desk mail id pcs@tspolice.gov.in, cell number – 7675832688.

Ticket ID 1119:

Good Evening Sir, some petitions are disposed of in 14 days how to possibly civil nature petition disposal of some petition please sir rectify and provide video record

Reply:

If the preliminary enquiry is not completed within a mandatory period of 14 days as per section – 173(3) of BNSS (for the offences punishable for 3 yrs or more but less than 7 yrs), the IO is advised to register a case and finalize the investigation.

Act in concurrence with the superior officers.

Ticket ID 1120:

In NDPS case is a mandatory to take permission from concerne court in a house search or can we take from immediate officer to complete the investigation

Reply:

The IO is advised to go through the SOP on NDPS act.

Ticket ID 1121:

Regarding preliminary enquiry, first we entry GD, after enquiry, if it is cognizable offence, we have to take fress petition or on old petition only we have to register. Please answer

Reply:

After preliminary enquiry if it was a cognizable case, register a case on old petition only.

Ticket ID 1122:

In technical rape cases, the offence occurred long ago, how we submit question to letter of advise. doctor collected swabs, send to FSL, after getting report they will opinion that no semen, spermatozoa found. How we corroborate to investigation

Reply:

When the FSL report is negative, the IO is advised to proceed further basing on other available evidences. Negative FSL report will not affect final result of the charge sheet.

Ticket ID 1123:

Is it mandatory to record Audio, video while recording Lw statements in grave cases. Also is it mandatory to record audio/video in 194 BNSS investigation

Reply:

As per Section 180 (3) of BNSS- The police officer may reduce into writing any statement made to him in the course of an examination under this section.

The statement of witnesses made under this sub-section may also be recorded by audio-video electronic means.

As per Section 176(1) the statement of the victim in a case of rape may also be recorded through audio – video electronic means.

As there is every chance that 194 BNSS cases may alter to any of the section 103, 105, 80, 108 etc., of BNS, recording of statements may also be recorded by audio-video electronic means.

Ticket ID 1124:

Good morning sir/Madam. Is it mandatory to video record the search and seizure procedure in all the cases?For example in case of gaming act with small amount and gutka cases with little quantity that are admissible?

Reply:

The recording of confessions and statements through Audio- Video Electronic Means is optional as per section 183 BNSS

For taking possession of any property, article or thing including preparation of the list of things seized shall be recorded through Audio-Video Electronic Means as per sec 105 BNSS.

Ticket ID 1125:

What is the process of preliminary inquiry on petition and how many days for limitation time for that petition disposal and should EO submit the enquiry findings to complainant or not

Reply:

Please go through the attached SOP on preliminary enquiry as per BNSS.

Ticket ID 1126:

Good morning sir I registered a Sand theft case vide Cr.No. 189/2024 U/s 379 IPC, 21(1) MMDAR ACT, 3 PDPP ACT in this case Audio video necessary or not

Reply:

As per section 105 and 185 BNSS, the seizure should be audio & video graphed and confession panchanama should also be audio & video graphed.

Forward the recordings to the concerned Magistrate without delay, not later than 48 hrs.

The IO is advised to go through the attachment of SOP (audio & video recording of scene of crime)

Ticket ID 1127:

Good morning sir in the who criminal low during the investigation how many cases can be video recording cases sir and for investigation

Reply:

Your query is vague. However, providing the following information.

As per Section 180 (3) of BNSS- The police officer may reduce into writing any statement made to him in the course of an examination under this section.

The statement of witnesses made under this sub-section may also be recorded by audio-video electronic means.

As per Section 176(1) the statement of the victim in a case of rape may also be recorded through audio – video electronic means.

As there is every chance that 194 BNSS cases may alter to any of the section 103, 105, 80, 108 etc., of BNS, recording of statements may also be recorded by audio-video electronic means.

As per section 105 and 185 BNSS, the seizure should be audio & video graphed and confession panchanama should also be audio & video graphed.

Forward the recordings to the concerned Magistrate without delay, not later than 48 hrs.

Ticket ID 1128:

good morning sir 306 IPC RELETED SECTITIONS NEW CRIMINAL LOW BNS section sir the complainant Smt. Aakula Venkatamma W/o Aakula Kanthaiah, Age: 45 years, Caste: SC-Madiga, Occ: Coolie R/o Gattuthummen village of Balmoor Mandal came to the PS Balmoor and lodged a Telugu written petition in which she stated that, on 19.04.2023 at morning about 10:00 hours while the complainant was in front of her house, meantime her villagers 1. Yellakanti Chennaiah S/o Ramachandram and his wife 2. Yellakanti Bheemamma W/o Chennaiah together were littering their household garbage and roof tiles pieces (Penkulu) in the complainant house compound. So the complainant asked them that, why they are lettering household garbage and roof tiles pieces (Penkulu) into her house compound. Then immediately the said Yellakanti Bheemamma W/o Chennaiah abused the complainant in filthy language and attacked on her, at the same time Yellakanti Chennaiah S/o Ramachandram came to her and attacked on the complainant instead of stopping the quarrel. When they both started beating the complainant, her husband noticed the same and asked them why they are doing like that. Then immediately they replied him by saying that “Memu Ilage Chesthamu, Em Pikutharo Pikko” and Yellakanti Bheemamma attacked on the complainant husband who is physically challenged person and while she beating him with hands, legs and stick, her husband Yellakanti Chennaiah S/o Ramachandram took the rock stone (Banda rai) and beaten on his head indiscriminately caused severe bleeding injuries to her husband and he fell down on the ground. Then immediately the complainant and her family members took her husband Aakula Kanthaiah to Govt. Civil Hospital Achampet for treatment. After that he was shifted to Govt. General hospital, Nagarkurnool as per the advice of duty doctor. Then again he was shifted to Osmania Hospital, Hyderabad on 21.04.2023 at about 01:00 hours for better treatment. On 21.04.2023 morning at 07:30 hours her husband Aakula Kanthaiah was succumbed while undergoing treatment at Osmania Hospital. As the complainant has delayed to lodge the petition due to went hospital to provide treatment to her husband. Hence the complainant has requested to take necessary action against above said persons who beaten her husband severely and which caused to death of her husband as per law in the interest of justice.

Reply:

Section 108 BNS is the relevant section for 306 IPC.

Ticket ID 1129:

Good morning sir POCSO case sec 11 r/w 12 Audio video recording necessary or not please provide SOP New laws in POCSO cases good morning

Reply:

The IO is advised to go through the attachment of SOP (audio & video recording of search and seizure)

Ticket ID 1130:

Good Morning Sir, I am MD. Zakiullah Asst subinspector of police veldnada PS, I need a plan of action in excise cases how to investigate in these cases

Reply:

As and when any excisable articles are found and seized, draft a panchanama of the seized articles, make a GD entry and the same can be handed over to the officials of excise department under proper acknowledgment.

Since a case was already registered u/s 34(a) of excise act 1968, the following procedure can be adopted in the investigation of the case.

Seize the ID liquor sample under cover of panchanama. Send only seized sample to the lab. No need to send the whole tank to the laboratory.

The seized items can be deposited in the court.

The seized ID liquor can be sent to Excise laboratory located at Narayanaguda, Hyderabad (office of Addl. Commissioner, Excise) along with letter of advice, forwarding letter for examination and report.

Apprehend the accused, interrogate him thoroughly for the source of liquor and the place where it was to be delivered etc.

Verify the source and delivery point persons and to fix up their involvement in the crime.

Collect CDR, CAF of the accused driver and verify the same to link the other accused.

Collect information about the amounts paid towards the purchase said seized liquor.

The seized liquor can be disposed as per the directions of the court. On receipt of opinion from Excise laboratory located at Hyderabad (office of Addl. Commissioner, Excise) charge sheet can be filed.

The IO can collect the seals of the excise department by following due procedure to identify the dealer to whom the said stock was supplied by the beverages corporation.

Address a letter to the excise department with a request to verify and furnish whether the said shop is provided with any excise license.

As per section 13 and 14 of the act, the seized items to be produced before the deputy commissioner of prohibition and excise without unreasonable delay.

As per section 25 of the Telangana Prohibition Act, 1995, the offences under this act are cognizable.

As per section 18 & 21 of the act, a police officer not below the rank of sub inspector of police can enter the premises in respective of the offences u/s 7, 7A and 8 of the Act and seize the items liable for confiscation under this act.

As per section 21A of the act, a police officer not below the rank of sub inspector of police may arrest without warrant any person found committing an offense punishable u/s 7, 7A, 8 and 9 of the act.

Ticket ID 1131:

Good Morning Sir, I am K. Srinivasulu ASI Veldanda PS, The offence occurred out of jurisdiction the victim came to PS and filed the complaint that time registered zero FIR or entered complaint in PMS then transfer

Reply:

If it is cognizable offence immediately register a case and issue zero FIR and transfer the FIR to the concerned PS through CCTNS immediately and also send the case file to the concerned PS through proper channel.

Please go thorugh the SOP on zero FIR.

Ticket ID 1132:

Good morning sir , 379 IPC, Sec. 21(1) MMDAR Act 1951 related new criminal section of law Occurred on 31.07.2024 at about 1700 hours at nursery Nadigadda village outskirts and reported on 31.07.2024 at 1800 hours by the complainant Sri Kethavath Dasharatham S/o Bhojya, aged 34 years, Caste: ST-Lambada, Occp: police constable, R/o: Ippalapally village of Balmoor Mandal, wherein the accused person driver of TS 1 H 0164 committed theft of sand and transporting illegally without any valid permission.

Reply:

Section 303(2) BNS is corresponding section to the section 379 IPC and there is no change in MMDAR Act 1951.

Ticket ID 1133:

Good morning sir, I ASI registered a case vide Cr.No.200/2024 U/h Man missing in this case Audio and video necessary or not good morning sir

Reply:

As per sec 180(3) BNSS, the recording of statements of witnesses through audio –video electronic means is optional.

Ticket ID 1134:

Good Morning Sir, Iam N Balashanker reddy HC 1421 of veldanad PS, how to update electronic signature in charge sheet pleave provide the video record in TeligramAPP

Reply:

Whatever procedure following in uploading FIR, the same may be followed in uploading charge sheet. For Further queries contact CCTNS help desk mail id pcs@tspolice.gov.in, cell number – 7675832688.

Ticket ID 1135:

Good morning sir I ASI registered a sand case Vide Cr.No.190/2024 U/s 379 IPC, Sec 21(1) MMDAR ACT, Sec 3 PDPP Act in this case audio video necessary or not

Reply:

As per section 105 and 185 BNSS, the seizure should be audio & video graphed and confession panchanama should also be audio & video graphed.

Forward the recordings to the concerned Magistrate without delay, not later than 48 hrs.

The IO is advised to go through the attachment of SOP (audio & video recording of scene of crime)

Ticket ID 1136:

Whether to video record articles seen in CDF during crime scene visits in simple heart cases. And within how many days the articles placed in the CDF should be sent to the court.

Reply:

1. In sec 176(3) BNSS, where the punishment is 7 yrs and above the visit of forensic experts to the crime scene to collect forensic evidence is mandatory. Where such forensic expert’s services are not available, the State Govt., may notify the use of such facility of another State. The IO’s can utilize the services of existing clues team till the State Govt., provides sufficient number of forensic experts in the State.

2. In all the offences irrespective of the punishments, wherever the search and seizure is required for the purpose of investigation, the IO himself (if necessary with the help of technically competent person who can handle the equipment i.e., mobile / handy cam etc.) has to record the same.

3. The recorded audio –video has to be forwarded to the jurisdictional court immediately.

4. All the seized articles should be sent to the Court without any delay.

Ticket ID 1137:

Good Morning Sir, I am Kousalya HC 1743 of Veldnaad PS, please provide how to generated FIR in Version 0.2 send video record in telgram APP

Reply:

The IO is advised to contact CCTNS help desk mail id pcs@tspolice.gov.in, cell number – 7675832688.

Ticket ID 1138:

Good Morning SIr, I C Narayana HC -1444 of Telkapally PS I need plan of action HB by night cases by video record and send to Teligram APP

Reply:

C) The recorded audio –video has to be forwarded to the jurisdictional court immediately.

4. A) As per sec 180(3) BNSS, the recording of statements of witnesses through audio –video electronic means is optional.

B) Recording the confession statements u/s 183(1) BNSS through audio – video electronic means is optional.

5. Any search and seizure under the provisions of 185(1) BNSS shall be recorded through audio – video electronic means.

6. Arrest of any accused to be intimated to the designated police officer in the PS and in the district.

Please go through the SOP on HB by night.

Ticket ID 1139:

Good morning sir, U/s 7(A) r/w 8 (e) of TS prohibition Act-1995 related new criminal law on 24.05.2023 morning hours he is coming to Kondanagula (vi) along with illicit liquor (Gudamba) to sell in the village. On receiving the same I, SIP of Balmoor P.S along with staff rushed to Kondanagula (vi) outskirts and found that one person is coming towards Kondanagula village from Kondanagula Thanda in suspicious manner, I apprehended him, where found 3 plastic bottles illicit liquor (Gudamba) with him and immediately I, have secured the two mediators namely 1) Sri. Kanugala Arjun S/o Niranjan, and 2) Sri. Anirudh S/o Venkateshwarlu both are r/o Kondanagula (v) of Balmoor (m) and conducted joint seizure cum confession panchanama and seized 1). 2 liters capacity of 3 Thumbs Up plastic bottles containing about 6 liters of illicit liquor (Gudamba) by taking some sample (180 ml) of illicit liquor (arrack/country made) for chemical analysis under cover of panchanama in presence of said mediators by pasting the panch chits on its. After completion of seizure cum confession pachanama return to PS and registered

Reply:

Only IPC, Cr.P.C, and IEA have been repealed and new acts that are BNS, BNSS and BSA came into force from 1-7-2024. There is no change in special and local laws.

Please go through the chief office circular.

Ticket ID 1140:

Good morning sir, U/s 354(C), 506 IPC related new criminal law section sir. the complainant Smt. Lavudya Suguna W/o Laxman, Age:26 years, Caste: ST-Lambada, Occ: Agril R/o Ambagiri village of Balmoor Mandal came to the PS and lodged a Telugu written petition in which she stated that, since 12 years back her marriage was performed with Sri. Lavudya Laxman S/o Rupla R/o Ambagiri village. They blessed with two female and one male child. Since 3 months back, one of their villager Mudavath Vijay S/o Bhojya is trying to talk with the complainant and tried to move close with her. Further she said that Mudavath Vijay S/o Bhojya is moved friendly/closely with her and taken intimate photos with her and sent those photos to others and her relatives without her knowledge and threatening the complainant. Hence the complainant has requested to take necessary action on Mudavath Vijay S/o Bhojya who shared her personal photos in social media and threatened her with dire consequences as per law in the interest of justice

Reply:

Sections 77,351(2)/ (3) BNS are the corresponding sections for section 354(c) and 506 IPC. As per the contents of the petition section 67 IT Act also attracts.

Ticket ID 1141:

The brief facts of the case are that on 03.07.2024 at. 1000 hrs the complainant Smt. Dasari Chandrakala w/o Balishwaraiah, age: 40 yrs, caste: SC-Mala, r/o Chandrakal village of Peddakothapally Mandal came to PS and lodged a Telugu written petition in which stating that the complainant has an extent of 25 Gts in Sy No.377 అ/1/1 and Kandukuri @ Avuta Shireesha w/o Laxmaiah who is her husband brother’s wife has an extent of 05 Gts in Sy No.377 అ/1/2 total 30 Gts in the limits of their village and they are cultivating their land. But on 22.06.2024 when the complainant knowing that her husband's own brothers by namley Kandukuri Keshavulu, Kandukuri Shekar and they father Pedda Venkataiah s/o Chennaiah were criminally trespassed into the land of complainant and were plowing at around 8 o'clock in the morning. Immediately they were went to their land and her husband Balishwaraiah and Laxmaiah who is her husband brother were asked why they are plowing their land meantime above said persons were abused in filthy language like “LANJAKODUKULLARA MEEKU IKKADA POLAM EKKADI RAA” and bet with hands and they threaten to kill them. They held panchayath in their presence of village elders but they did not come. Hence the complainant came to PS today and requested to take legal action into the matter as per law. Should the above contents above petition be done under IPC or should the case be registered under the new laws ?

Reply:

As the offence occurred on 22-6-2024 IPC sections will be attracted. Please go through the chief office circular.

Ticket ID 1142:

The complainant husband was committed suicide by drowning to on KLI Canal of vexed his life due to how to pay off debits which were took for farming and their daughter’s wedding. What kind of precaution taken at scene of place please explain in this case.

Reply:

The IO is advised to go through the SOP on drowning.

Ticket ID 1143:

Good afternoon sir, One lady called to complaint through the phone and threatened. Then how to prove her guilty...what are the steps to be taken.

Reply:

The IO is advised to collect CDR of the accused, collect the voice record of accused from the complainant to prove the threatening. Further advised to record the statements of witnesses who knows about the incident / enmity between the accused and complainant as circumstantial evidence.

Ticket ID 1144:

Good afternnon sir , Please Explain the e signature proceddure and e first inforamtion report , and how to recodring statemenets in video audio method which cases

Reply:

As per Section 180 (3) of BNSS- The police officer may reduce into writing any statement made to him in the course of an examination under this section.

The statement of witnesses made under this sub-section may also be recorded by audio-video electronic means.

As per Section 176(1) the statement of the victim in a case of rape may also be recorded through audio – video electronic means.

Please go through the attachment on 173 and 180 BNSS.

Ticket ID 1145:

Good Morning sir, I am G. Venkateshwarlu HC 1654 of Telkapally PS. I need a plan of action in excise cases how to investigate in these case.