Under the scheme of criminal investigation in the Bharatiya Nagarik Suraksha Sanhita, 2023, applying…

Applying the principle in R. Sarala v. T.S. Velu (2000) to the investigation framework under Chapter XIII of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly Chapter XII of the Code of Criminal Procedure, 1973), investigation is the province of the police, and it is the investigating officer who must form the final opinion under section 193 on whether the material collected warrants placing the accused on trial. Obtaining the Public Prosecutor's opinion on the merits before submitting the police report is not a mandatory stage of investigation, whereas ascertaining the facts, arresting the suspected offender where warranted, and forming the final opinion on the evidence are integral stages.