CHAPTER XIII INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE

Section 174: Information as to non-cognizable cases and investigation of such cases

The Bharatiya Nagarik Suraksha Sanhita, 2023

(1) When information is given to an officer in charge of a police station of the commission within the limits of such station of a non-cognizable offence, he shall enter or cause to be entered the substance of the information in a book to be kept by such officer in such form as the State Government may by rules prescribe in this behalf, and,—

(i) refer the informant to the Magistrate;

(ii) forward the daily diary report of all such cases fortnightly to the Magistrate.

(2) No police officer shall investigate a non-cognizable case without the order of a Magistrate having power to try such case or commit the case for trial.

(3) Any police officer receiving such order may exercise the same powers in respect of the investigation (except the power to arrest without warrant) as an officer in charge of a police station may exercise in a cognizable case.

(4) Where a case relates to two or more offences of which at least one is cognizable, the case shall be deemed to be a cognizable case, notwithstanding that the other offences are non-cognizable.

Corresponding CrPC provision

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

174(1)(ii)

155. Information as to non-cognizable cases and investigation of such cases.

Questions on this section

2 questions in 17 of our papers cite Section 174. Try these from the free papers:

1. Under Section 174(1) BNSS, when information about a non-cognizable offence committed within the limits of his station is given to the officer in charge, he shall enter its substance in the prescribed book, refer the informant to the Magistrate, and:
2. Consider the following statements regarding non-cognizable cases under Section 174 BNSS: 1. No police officer shall investigate a non-cognizable case without the order of a Magistrate having power to try such case or commit the case for trial. 2. A police officer receiving such an order may exercise all the powers of an officer in charge of a police station in a cognizable case, including the power to arrest without warrant. 3. Where a case relates to two or more offences of which at least one is cognizable, the case shall be deemed to be a cognizable case. Which of the statements given above is/are correct?

Practise questions on Bharatiya Nagarik Suraksha Sanhita