Report of investigation by subordinate police officer
Section 188 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with report of investigation by subordinate police officer. When any subordinate police officer has made any investigation under this Chapter, he shall report the result of such investigation to the officer in charge of the police station. The Act came into force on 01 Jul 2024.
When any subordinate police officer has made any investigation under this Chapter, he shall report the result of such investigation to the officer in charge of the police station.
Section 188, The Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023).
Replaces a provision of the Code of Criminal Procedure
CRPC 168 Report of investigation by subordinate police officer Text carried over almost unchanged 100%
Measured by comparing the text of the two provisions, not taken from an official correspondence table — there is no machine-readable one. See both texts side by side before relying on it.
Both regimes are live. The repealed enactment still governs what happened while it was in force. We never redirect one to the other.
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
-
Basant Ku.nanda vs State of Orissa
Decided under Code of Criminal Procedure 168, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
An anticipatory bail application becomes infructuous and should be disposed of when the chargesheet has already been filed, the investigation has been closed under Section 168 Cr.P.C., and there is no reasonable apprehension of arrest of the petitioner, as confirmed by the Investigating Officer.
On this section: Investigation to be completed within specified period; court noted investigation was not kept open under this section
-
K.n.venugopalan vs The Commissioner
Decided under Code of Criminal Procedure 168, which this section replaces. The court did not have this Act before it.
Court's Decision & Legal Precedent
When no crime has been registered against the petitioners and they are not wanted by the police in connection with the allegations, the apprehension of arrest and harassment entertained by the petitioners is unfounded, and anticipatory bail need not be granted. However, procedural safeguards under Section 168 Cr.P.C must be observed if police interrogation is required.
On this section: The court directed that if the police wants to interrogate the petitioners, a notice under Section 168 Cr.P.C shall be given to them, ensuring procedural compliance and protection of the petitioners' rights during any future police interrogation.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 188
What have the courts held on Section 188 of the Bharatiya Nagarik Suraksha Sanhita?
Basant Ku.nanda vs State of Orissa (03 Aug 2016) is the leading judgment on this section among those set out below, though it was decided under CRPC 168, which this section replaced -- the court never mentioned this Act: Investigation to be completed within specified period; court noted investigation was not kept open under this section. Another 1 judgment on this section is set out below. They run from 2011 to 2016.
How do I find court cases under Section 188 of the Bharatiya Nagarik Suraksha Sanhita?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: BNSS 188, section 188 BNSS, section 188 of the Bharatiya Nagarik Suraksha Sanhita. People searching for it also type 188 bnss in crpc and bns 188 1. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Basant Ku.nanda vs State of Orissa (03 Aug 2016).
What should I read with Section 188 of the Bharatiya Nagarik Suraksha Sanhita, and has it changed?
It carries forward CrPC 168 (Report of investigation by subordinate police officer), so the judgments decided under that provision are the case law on this one.
When did Section 188 of the Bharatiya Nagarik Suraksha Sanhita come into force?
Section 188 of the Bharatiya Nagarik Suraksha Sanhita, cited as BNSS 188, came into force on 01 Jul 2024, having been enacted on 25 Dec 2023. It is in force as at the date shown on this page.
Other sections of this Act
- 359. Compounding of offences1355 words
- 187. Procedure when investigation cannot be completed in twenty-four hours1122 words
- 2. Definitions956 words
- 243. Trial for more than one offence930 words
- 35. When police may arrest without warrant881 words
- 480. When bail may be taken in case of non-bailable offence823 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.