Officer in charge of a police station
Also called: SHO, Station House Officer
The police officer heading a police station; under Section 2(1)(r) of the BNSS the term also covers the next senior officer above constable present when the officer in charge is absent or unable to act.
Explained
Section 2(1)(r) of the BNSS (earlier Section 2(o) of the CrPC) gives an inclusive definition. Besides the officer actually in charge, it includes, when he is absent from the station-house or unable from illness or other cause to perform his duties, the police officer present at the station-house who is next in rank to him and is above the rank of constable, or, when the State Government so directs, any other police officer so present. A police station itself is any post or place declared as such by the State Government under Section 2(1)(u).
Many core powers of the Sanhita are given to this officer. Under Section 173, information about a cognizable offence is given to him, irrespective of the area where the offence was committed, and he must record it. Under Section 174, information about a non-cognizable offence is entered in a book and the informant is referred to the Magistrate. Under Section 175, he may investigate a cognizable case without a Magistrate's order, and under Section 176 he sends a report to the Magistrate and proceeds to investigate. Section 30 lets superior police officers exercise the same powers throughout their area.
The term matters outside the BNSS too. Special laws such as Section 53 of the NDPS Act invest officers of other departments with the powers of an officer in charge of a police station for investigation. In Tofan Singh v. State of Tamil Nadu (2020), the Supreme Court held by majority that such officers are police officers for the bar on confessions in Section 25 of the Evidence Act (now Section 23 of the BSA), overruling Raj Kumar Karwal (1990), which had held the opposite.
Examiners test who counts as officer in charge in his absence (next in rank, above constable), the duty to register a cognizable offence regardless of territorial jurisdiction, and the difference between investigating cognizable and non-cognizable cases.
What the law says
(r) “officer in charge of a police station” includes, when the officer in charge of the police station is absent from the station-house or unable from illness or other cause to perform his duties, the police officer present at the station-house who is next in rank to such officer and is above the rank of constable or, when the State Government so directs, any other police officer so present;
Clause (r) of sub-section (1) defines officer in charge of a police station
Earlier law: CRPC 2. Definitions.
(1) Every information relating to the commission of a cognizable offence, irrespective of the area where the offence is committed, may be given orally or by electronic communication to an officer in charge of a police station, and if given—
(i) orally, it shall be reduced to writing by him or under his direction, and be read over to the informant; and every such information, whether given in writing or reduced to writing as aforesaid, shall be signed by the person giving it;
(ii) by electronic communication, it shall be taken on record by him on being signed within three days by the person giving it,
Information of cognizable offences given to and recorded by him
Earlier law: CRPC 154. Information in cognizable cases.
(1) Any officer in charge of a police station may, without the order of a Magistrate, investigate any cognizable case which a Court having jurisdiction over the local area within the limits of such station would have power to inquire into or try under the provisions of Chapter XIV:
Provided that considering the nature and gravity of the offence, the Superintendent of Police may require the Deputy Superintendent of Police to investigate the case.
(2) No proceeding of a police officer in any such case shall at any stage be called in question on the ground that the case was one which such officer was not empowered under this section to investigate.
Power to investigate cognizable cases without a Magistrate's order
Earlier law: CRPC 156. Police officer’s power to investigate cognizable case. 156(1); 156(2); 156(3); New Sub-Section
(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.
Handling of information about non-cognizable offences
Earlier law: CRPC 155. Information as to non-cognizable cases and investigation of such cases.
(1) The Central Government, after consultation with the State Government, may, by notification published in the Official Gazette, invest any officer of the department of central excise, narcotics, customs, revenue intelligence [or any other department of the Central Government including para-military forces or armed forces] or any class of such officers with the powers of an officer-in-charge of a police station for the investigation of the offences under this Act.
(2) The State Government may, by notification published in the Official Gazette, invest any officer of the department of drugs control, revenue or excise [or any other department] or any class of such officers with the powers of an officer-in-charge of a police station for the investigation of offences under this Act.
Officers of other departments invested with powers of an officer in charge
Earlier law: Section 2, CrPC
Example
For example, if the Inspector heading a station is on leave, the Sub-Inspector present at the station-house who is next in rank acts as officer in charge and may register an FIR; a constable cannot, unless the State Government so directs.
For the exam
- Defined inclusively in Section 2(1)(r) BNSS (earlier Section 2(o) CrPC).
- In his absence, the next officer in rank above constable present at the station-house acts.
- Must record information of a cognizable offence irrespective of where it was committed (Section 173).
- May investigate a cognizable case without a Magistrate's order (Section 175).
- Tofan Singh (2020): NDPS officers with Section 53 powers are police officers for the confession bar.
188 questions in the Law Maker question bank use this term. Practise Bharatiya Nagarik Suraksha Sanhita questions
Judgments
- Tofan Singh v. State of Tamil Nadu (2020)By majority, officers invested with powers under Section 53 of the NDPS Act are police officers for Section 25 of the Evidence Act, and a statement recorded under Section 67 cannot be used as a confession at trial.
- Raj Kumar Karwal v. Union of India (1990)Officers of the Department of Revenue Intelligence invested with police station officer powers under Section 53 of the NDPS Act are not 'police officers' under Section 25 of the Evidence Act, so confessions made to them are not barred.
Related terms
- Cognizable offenceAn offence for which a police officer may arrest without warrant, in accordance with the First Schedule to the BNSS or any other law in force.
- Non-cognizable offenceAn offence for which a police officer has no authority to arrest without warrant. A case involving such an offence is a non-cognizable case.
- InvestigationAll proceedings under the BNSS for the collection of evidence by a police officer, or by a person other than a Magistrate authorised by a Magistrate.
- Police reportThe report that the officer in charge of a police station forwards to a Magistrate under Section 193(3) of the BNSS when an investigation is completed.
- InformationUnder Section 2(1)(v) of the IT Act, 2000, information includes data, message, text, images, sound, voice, codes, computer programmes, software, databases, micro film and computer generated micro fiche.
Further reading
- Lost Your Documents? Police Report and Duplicate Copy Process, Legal Drive
- Police Refused to Register Your FIR? Here Is the Actual Legal Process Now, Legal Drive
- The Bharatiya Nagarik Suraksha Sanhita, 2023, official text on India Code
- The Narcotic Drugs and Psychotropic Substances Act, 1985, official text on India Code
- The Code of Criminal Procedure, 1973, official text on India Code
Checked 12 November 2026. Statutory text is quoted from the Bare Acts library, taken from India Code. See the full glossary.