FIR, Investigation & Evidence: A Complete Comparative Analysis Under CrPC & BNSS (2023)

Introduction

FIR, investigation, and evidence form the foundation of Indian criminal procedure. These concepts impact police action, citizen rights, corporate compliance, and courtroom outcomes.

For deeper understanding of arrest, bail, and production rules, you may also read:
🔗 Article 1: Arrest, Bail & Production Before Magistrate

With the introduction of the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023), procedures under the Criminal Procedure Code (CrPC) have been modernized and digitized.

🌟 PART A — FIR (First Information Report)

CrPC Section 154 → BNSS Clause 173

FIR is the information relating to a cognizable offence given to the police requiring immediate action.

For professional FIR drafting or defence assistance, visit:
🔗 FIR Assistance by The Legal Court

BNSS strengthens FIR registration by adding:

✔ Digital FIR Filing

BNSS allows electronic submission and delivery of digital copy to the complainant.

Government Reference:
🔗 Ministry of Home Affairs – BNSS Acts

🌟 PART B — NCR & Magistrate Complaints

• Non-Cognizable Report (NCR) falls under BNSS Clause 174.

• If police refuse FIR, complainants may file a case under BNSS Clause 175 (CrPC 156(3)).

To understand legal remedies when police refuse FIR, read:
🔗 Criminal Law Services – The Legal Court

🌟 PART C — INVESTIGATION UNDER BNSS

CrPC 156–173 → BNSS 175–193

Investigation includes:

✔ Crime scene visit
✔ Collection of evidence
✔ Examining witnesses
✔ Arrests (if required)
✔ Case diary maintenance
✔ Filing chargesheet or closure report

For detailed BNSS procedural comparison:
🔗 BNSS vs CrPC Complete Guide

🌟 BNSS Modernizations

🔹 Digital Case Diaries (Clause 187)

Police must maintain electronic case records.

Official Source:
🔗 India Code – BNSS Text

🔹 Mandatory Videography (Clause 182)

Crime scenes must be videographed in serious offences.

🔹 Forensic Evidence Compulsory

For offences > 7 years:
✔ Forensic experts must visit
✔ Mandatory DNA, fingerprint, biological sampling

External Reference:
🔗 NCRB – Crime Investigation Data

🌟 PART D — STATEMENTS

✔ BNSS Clause 180 (CrPC 161)

Police statements → cannot be signed → used for contradiction.

✔ BNSS Clause 183 (CrPC 164)

Magistrate statements → signed → high evidentiary value.

More reading:
🔗 Digital Evidence & Cyber Law Article

🌟 PART E — EVIDENCE UNDER BNSS

BNSS has modernized evidence rules significantly.

✔ Electronic Evidence as Primary Evidence

Includes:

• WhatsApp chats

• Emails

• CCTV

• GPS data

• Server logs

Government Reference:
🔗 National Cybercrime Reporting Portal

✔ Search & Seizure Protocol Enhancements

• Body-worn cameras

• Digital documentation

• Chain-of-custody requirements

Corporate compliance teams may explore:
🔗 Corporate Law & Compliance Services

🌟 PART F — CHARGESHEET & FINAL REPORT

CrPC 173 → BNSS Clause 193

Police must submit:

✔ Chargesheet (if evidence supports offence)
✔ Closure report (if evidence insufficient)

Victims must be informed, and delays must be justified.

For understanding entire criminal procedure flow:
🔗 Legal Articles – Law Simplified

🌟 PART G — PRACTICAL ILLUSTRATIONS

✔ Example 1: Digital FIR

Police must provide digital copy as per BNSS Clause 173.

✔ Example 2: Zero FIR

Recognized across India — can be filed anywhere.

✔ Example 3: Forensic Evidence

Mandatory in serious crimes as per BNSS Clause 182.

✔ Example 4: Electronic Evidence

Admissible under BNSS with high value.

If you need expert representation, visit:
🔗 Legal Consultation Page

🌟 PART H — CORPORATE & INSTITUTIONAL RELEVANCE

BNSS impacts:

✔ HR Misconduct
✔ Workplace harassment FIRs
✔ Employee fraud
✔ Cybercrime reporting
✔ Internal investigations
✔ Evidence preservation

For corporate risk management support:
🔗 Zumosun Universe Corporate Solutions

Conclusion

BNSS modernizes investigation & evidence rules with:

✔ Digital FIR
✔ Mandatory forensic science
✔ Strong chain-of-custody
✔ Transparent investigation
✔ Faster evidence-based justice

For deeper legal understanding also explore:
🔗 IPC–BNS Comparative Guide

Author

Adv. Prakash Chand Sharma
Chartered Engineer | High Court Advocate | CAO
Founder – Zumosun Universe, Techlam Legal Solutions, JPSD Taxsun LLP
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