HOME DEPARTMENT

NOTIFICATION

The 28th February 2025

No. 8950—PT3-HOME-CPM-MISC-0213/2023—In exercise of the powers conferred by

sub-section (2) of Section 176 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (Act 46 of 2023)

read with Government of Odisha, Home Department vide Notification bearing No. 22520—PT3-

HOME-CPM-MISC-0213/2023, dated the 30th June 2024, do herewith pleased to frame the

following rules.—

1. Short title and Commencement.—

(i) These rules may be called as “Odisha Investigation of Police Officers in Non-Serious

Cases Rules, 2025’’.

(ii) They shall come into force from the date of publication of this notification in the Odisha

Gazette.

2. Procedure for Investigation in Non-Serious Cases (Section 176 of Bharatiya Nagarik Suraksha

Sanhita).—

(a) When information as to the commission of any such offence is given against any person

by name and the case is not of a serious nature, the Officer-in-Charge of a Police Station need not

proceed in person or depute a Subordinate Officer to make an investigation on the spot.

(b) If it appears to the Officer-in- Charge of a Police Station that there is no sufficient ground

for enquiring on an investigation, he shall not investigate the case;

Considering the above two clauses, following rules are hereby made,—

(i) In case when information is received by the Officer- in-Charge of Police Station and the

complaint is falling under Clause (a) of Section 176 (1) Bharatiya Nagarik Suraksha Sanhita, at

once FIR need be registered by the Officer- in-Charge of Police Station of the Police Station as per

provision under Section 173 Bharatiya Nagarik Suraksha Sanhita and submitted to the Jurisdictional

Magistrate with copies usually sent to others.

(ii) In such cases, the investigation is to be taken up continued by the Officer- in-Charge of

Police Station himself or by any officer subordinate to him. Then Officer- in-Charge of Police Station

shall submit a report under Section 193 Bharatiya Nagarik Suraksha Sanhita after completion of

such investigation.

The Odisha

G a z e t t e

EXTRAORDINARY

PUBLISHED BY AUTHORITY

No. 570 CUTTACK, THURSDAY, MARCH 6, 2025/FALGUNA 15, 1946

(iii) In cases when an investigation is refused under Section 176 (1) (b), the Officers- in-

Charge of Police Station after registration of FIR under appropriate sections of law shall transmit

the FIR to the Jurisdictional Magistrate/ Cognizance Taking Court specifically indicating in the FIR

format under Col.13-“ACTION TAKEN’’ that the above report reveals commission of offences

u/s..................was registered vide Case Number.......................and investigation ‘REFUSED’.

(A separate report may be attached along with the FIR mentioning the reason for refusing investigation

by the Officer- in-Charge of Police Station with sufficient reasoning).

(iv) The Officer- in-Charge of Police Station after registering a case as per Section 173

Bharatiya Nagarik Suraksha Sanhita under appropriate sections of the law and refusing the

investigation under Section 176 (1) (b) shall give a copy of the FIR to the informant or the complainant

and obtain an acknowledgement in the counterfoil copy of the FIR or serve a notice as per

Annexure-A.

(v) In cases when the investigation is refused under Section 176 (1)(b) of Bharatiya Nagarik

Suraksha Sanhita, the Officer-in-Charge of Police Station will not send any further report of such

cases including the final report under Section 193 Bharatiya Nagarik Suraksha Sanhita.

(vi) In each of the cases mentione in Clause (a) and (b) of the first proviso to sub- section

(1), the Officer- in-Charge of Police Station shall mention in his report the reason for not fully

complying with the requirements of that sub-section and shall forward the daily diary report fortnightly

to the Magistrate as per the Annexure-B.

(vii) Refusal of Investigation by Officer- in-Charge of Police Station,—

The Officer- in-Charge of Police Station may refuse investigation under Section

176 (1) (b) of the Sanhita, if the reports so submitted/ received falls under the following categories,

namely :—

(a) Triviality : Trivial offences, such as are contemplated in Section 33 of the Bharatiya

Nyaya Sanhita 2024. “Nothing is an offence by reason that it causes, or that is intended to cause, or

that it is known to be likely to cause any harm, if that harm is so slight that no person of ordinary

sense and temper would complaint of such harm’’;

(b) Civil nature : Cases clearly of civil nature or in which complainant is obviously endeavouring

to set the criminal law in motion to support a civil right;

the accused person is not an old offender, nor a professional criminal, and that the property does

not consist of sheep or goats;

(d) Injured person not wishing an inquiry : Unimportant cases in which the person, injured

does not wish inquiry, unless (i) the crime is suspected to be the work of a professional or habitual

offender or (ii) a rowdy element or (iii) the investigation appears desirable in the interests of the

public;

(e) Undetectable simple cases : Simple cases of house-breaking or house-trespass and

petty thefts of unidentifiable property, is none of which cases is there any clue to work upon or any

practical chance of detection, provided that there is nothing to indicate that the offence has been

committed by a professional criminal;

ANNEXURE-A

Aµÿç{¾æSLÿæÀÿêZÿë Óí`ÿ[ÿæ¨†ÿ÷

É÷ê/ É÷êþ†ÿê

,¨ç†ÿæ/ Ó´æ

S÷æþ

,$æ[ÿæ

,fçàÿâæ

Aæ¨~Zÿ †ÿæ

ÀÿçQÀÿ {þòfæ/ àÿçQ#†ÿ Aæ{¯ÿ’ÿ[ÿ¨†ÿ÷Lÿë †ÿæ

ÀÿçQ{Àÿ F†ÿàÿæ [ÿºÀÿ

LÿÀÿæ¾æBAdç æ Aæ¨~Zÿ Aæ{¯ÿ’ÿ[ÿ¨†ÿ÷

{É÷~ê {ÜÿæB$#¯ÿæÀÿë FÜÿæÀÿ †ÿ’ÿ;ÿ LÿÀÿæSàÿæ [ÿæÜÿ] æ

†ÿæÀÿçQ

$æ[ÿæ

fçàÿâæ

HHHHH

2A<?C87 4?7 2D5><B;87 5F C;8 .<A86C@A# .<A86C@A4C8 @9 2A<?C<?:# 3C4C<@?8AF ! 2D5><64C<@?# 17<B;4# -DCC46=$’&

/E% 04G% ()*+H’,)"*&

ANNEXURE-B

FORTNIGHTLY DAILY DIARY REPORT

[Section 176 (2) Bharatiya Nagarik Suraksha Sanhita]

Sl.

Name of the

Details of Action Taken

Name of the

Court’s

No.

informant with

FIR

Date

Section of Reasons for not

Reason for

officer

remarks/

date

No.

Law

visiting spot

refusing

making the

order

during spot

investigation

entry

visit

and ground

in support

of refusal