Section 174 BNSS: Investigation and registration of non-cognizable offence given to the Police Station

Section 174, BNSS bare text:

174. Information as to non-cognizable cases and investigation of such cases.—(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 the power to try such a 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.

What happen when a non-cognizable offence is reported to police station

The officer in charge of a police station shall enter the substance of information in a book to be kept by such officer. After entry, the police officer shall refer the informant to the magistrate. Further, he shall forward the daily diary report of all such cases fortnightly to the Magistrate.

Power of Investigation in a non-cognizable offence

A police officer cannot investigate a non-cognizable case without the order of a competent Magistrate. After a police officer receives an order of investigation, they can investigate the case, exercising the same powers as in the case of a cognizable offence, except for arrest, which can be done only upon obtaining a prior warrant.

Mixture of Cognizable and Non-cognizable offence

If the informant gives information about two or more offences, at least one of which is cognizable, the case shall be treated as cognizable.

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This commentary is authored by Jeet Sinha.