Police can always refuse to investigate a complaint just by saying it seems weak.

Officers must record specific reasons in writing if they decide not to investigate, and this decision is reported to the Magistrate, making it subject to oversight.

Forensic team visits are mandatory for every crime right now.

The forensic visit requirement under sub-section (3) only applies to offences punishable by 7+ years and takes effect only from a date each State Government notifies, within five years of the law's commencement.

A rape victim's statement must always be recorded by a woman officer, no exceptions.

The law says a woman officer should record it 'as far as practicable,' meaning it's the preferred practice, not an absolute rigid rule if one is genuinely unavailable.

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 176

Procedure for investigation

(1) If, from information received or otherwise, an officer in charge of a police station has reason to suspect the commission of an offence which he is empowered under section 175 to investigate, he shall forthwith send a report of the same to a Magistrate empowered to take cognizance of such offence upon a police report and shall proceed in person, or shall depute one of his subordinate officers not being below such rank as the State Government may, by general or special order, prescribe in this behalf, to proceed, to the spot, to investigate the facts and circumstances of the case, and, if necessary, to take measures for the discovery and arrest of the offender:§

Provided that—§

(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 entering on an investigation, he shall not investigate the case: Provided further that in relation to an offence of rape, the recording of statement of the victim shall be conducted at the residence of the victim or in the place of her choice and as far as practicable by a woman police officer in the presence of her parents or guardian or near relatives or social worker of the locality and such statement may also be recorded through any audio-video electronic means including mobile phone.§

(2) In each of the cases mentioned in clauses (a) and (b) of the first proviso to sub-section (1), the officer in charge of the police station shall state in his report the reasons for not fully complying with the requirements of that sub-section by him, and, forward the daily diary report fortnightly to the Magistrate and in the case mentioned inclause (b) of the said proviso, the officer shall also forthwith notify to the informant, if any, in such manner as may be prescribed by rules made by the State Government.§

(3) On receipt of every information relating to the commission of an offence which is made punishable for seven years or more, the officer in charge of a police station shall, from such date, as may be notified within a period of five years by the State Government in this regard, cause the forensic expert to visit the crime scene to collect forensic evidence in the offence and also cause videography of the process on mobile phone or any other electronic device: Provided that where forensic facility is not available in respect of any such offence, the State Government shall, until the facility in respect of that matter is developed or made in the State, notify the utilisation of such facility of any other State.§

Why this exists

This provision continues the core investigative duty that existed under Section 157 of the old Code of Criminal Procedure, ensuring police act quickly on credible information about crimes while giving them limited discretion to skip minor or baseless cases (subject to recording reasons, so this discretion isn't misused). The new additions—mandatory forensic visits for serious crimes and sensitive, victim-centred recording of statements in rape cases—reflect lessons from the Nirbhaya case reforms and growing recognition that scientific evidence and trauma-sensitive procedures improve both conviction rates and justice for survivors.

How courts read it

Under the predecessor Section 157 CrPC, courts (e.g., in cases like Lalita Kumari v. Govt. of U.P.) held that police must register an FIR and investigate promptly when information discloses a cognizable offence, though a preliminary inquiry is permitted in certain categories like matrimonial or corruption cases before deciding whether to register an FIR. Courts have also stressed that the discretion under clause (b) not to investigate must be exercised in good faith and is subject to judicial and magisterial scrutiny to prevent police inaction from shielding offenders.

Common misconceptions

Myth: Police can always refuse to investigate a complaint just by saying it seems weak.
Fact: Officers must record specific reasons in writing if they decide not to investigate, and this decision is reported to the Magistrate, making it subject to oversight.
Myth: Forensic team visits are mandatory for every crime right now.
Fact: The forensic visit requirement under sub-section (3) only applies to offences punishable by 7+ years and takes effect only from a date each State Government notifies, within five years of the law's commencement.
Myth: A rape victim's statement must always be recorded by a woman officer, no exceptions.
Fact: The law says a woman officer should record it 'as far as practicable,' meaning it's the preferred practice, not an absolute rigid rule if one is genuinely unavailable.