Section 174 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
📜 Section 174: Information as to Non-Cognizable Cases and Investigation of Such Cases
Section 174 of the BNSS, 2023 outlines the procedure for handling information about non-cognizable offences and the conditions under which such cases may be investigated.
1. Recording Information
Duty of the Officer in Charge: When an officer in charge of a police station receives information about the commission of a non-cognizable offence within their jurisdiction, they are required to:
Enter the substance of the information into a book maintained for this purpose, in a format prescribed by the State Government
Refer the informant to the Magistrate
Forward the daily diary report of all such cases to the Magistrate on a fortnightly basis.
2. Investigation of Non-Cognizable Offences
Restriction on Investigation: No police officer shall investigate a non-cognizable case without the order of a Magistrate who has the authority to try such a case or commit it for trial
Powers of Investigation: Upon receiving the Magistrate's order, the police officer 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.
3. Mixed Offences
Deeming Provision: If a case involves two or more offences, and at least one of them is cognizable, the entire case shall be deemed to be a cognizable case, notwithstanding that the other offences are non-cognizable
⚖️ Comparison with CrPC Section 155
Section 174 of the BNSS, 2023 is largely similar to Section 155 of the Code of Criminal Procedure (CrPC), 1973, which deals with the information and investigation of non-cognizable offences. Both sections require the police to record the information, refer the informant to the Magistrate, and obtain the Magistrate's permission before investigating a non-cognizable offence. The key difference lies in the procedural updates and specific provisions introduced in the BNSS, 2023 to streamline and modernize the criminal procedure framework.
RELATED Blog
0 comments