Section 174 BNSS: Non-Cognizable Cases and Investigation
Section 174 of the Bharatiya Nagarik Suraksha Sanhita, 2023 explains what police must do when information concerns a non-cognizable offence. It requires the information to be entered in the prescribed record, the informant to be referred to the Magistrate, and the daily diary report of such cases to be sent to the Magistrate fortnightly. It also restricts police investigation unless a competent Magistrate authorizes it.
Text of Section 174 BNSS
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 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.
What Is a Non-Cognizable Offence?
In the BNSS framework, a non-cognizable offence is an offence for which a police officer does not have authority to arrest without warrant merely on the basis of that classification. Section 174 specifically governs the police response when information concerns such an offence.
Section 174(1): Recording the Information
When information about a non-cognizable offence committed within the limits of the police station is given to the officer in charge, the substance of that information must be entered, or caused to be entered, in the prescribed book. The form of that record may be prescribed by State Government rules.
The officer must then refer the informant to the Magistrate. This reflects the statutory distinction between cognizable and non-cognizable cases: police cannot simply commence investigation of a purely non-cognizable case on their own authority.
Fortnightly Daily Diary Report to the Magistrate
Section 174(1)(ii) additionally requires the police to forward the daily diary report of all such cases fortnightly to the Magistrate. This is an express statutory reporting requirement under the BNSS.
Section 174(2): Magistrate Order Required for Investigation
A police officer cannot investigate a non-cognizable case unless an order is obtained from a Magistrate who has power to try the case or commit it for trial. This requirement is mandatory in the text of Section 174(2).
Section 174(3): Powers After Magistrate Permission
Once the Magistrate authorizes investigation, the police officer may exercise the same investigative powers that an officer in charge of a police station may exercise in a cognizable case, except the power to arrest without warrant.
The exception is important. A Magistrate's order permitting investigation of the non-cognizable case does not, by itself, convert the officer's powers into an unrestricted power of warrantless arrest.
Section 174(4): Cases Containing Both Cognizable and Non-Cognizable Offences
Where a case involves two or more offences and at least one of them is cognizable, Section 174(4) deems the entire case to be a cognizable case even though the remaining offences are non-cognizable.
This provision avoids splitting a single factual case into separate procedural tracks merely because different alleged offences have different classifications.
Section 174 BNSS at a Glance
| Issue | Rule under Section 174 BNSS |
|---|---|
| Information about non-cognizable offence | Substance must be entered in the prescribed book. |
| Informant | Must be referred to the Magistrate. |
| Police reporting | Daily diary report of such cases must be forwarded fortnightly to the Magistrate. |
| Investigation | Requires an order of a competent Magistrate. |
| Arrest without warrant | Not available merely by reason of an investigation order under Section 174(3). |
| Mixed offences | If at least one offence is cognizable, the case is treated as cognizable. |
Difference Between Section 173 and Section 174 BNSS
Section 173 BNSS deals with information relating to cognizable offences and the statutory process for recording such information. Section 174 deals with non-cognizable offences, where police investigation ordinarily requires the Magistrate's authorization.
The classification of the alleged offence is therefore procedurally important because it affects the police power to investigate and arrest.
Section 174 and the Earlier CrPC Provision
Section 174 BNSS broadly corresponds to Section 155 of the Code of Criminal Procedure, 1973. A notable express feature in the BNSS text is the requirement in Section 174(1)(ii) for the daily diary report of non-cognizable cases to be forwarded fortnightly to the Magistrate.
Key Points to Remember
- Information about a non-cognizable offence must be entered in the prescribed police record.
- The informant must be referred to the Magistrate.
- The daily diary report of such cases must be forwarded to the Magistrate every fortnight.
- Police cannot investigate a purely non-cognizable case without a competent Magistrate's order.
- After such an order, police may exercise investigative powers available in cognizable cases, but not the power to arrest without warrant.
- If at least one offence in a multi-offence case is cognizable, the entire case is treated as cognizable.
Frequently Asked Questions
Can police refuse to record information about a non-cognizable offence?
Section 174(1) requires the substance of information concerning a non-cognizable offence committed within the limits of the police station to be entered in the prescribed book. The officer must then refer the informant to the Magistrate.
Can police investigate a non-cognizable offence on their own?
No. Section 174(2) expressly requires an order from a Magistrate having power to try the case or commit it for trial.
Can police arrest without warrant after obtaining permission to investigate?
Section 174(3) expressly excludes the power to arrest without warrant from the powers available to the police officer investigating under the Magistrate's order.
What if one allegation is cognizable and another is non-cognizable?
If the case concerns two or more offences and at least one is cognizable, Section 174(4) treats the case as a cognizable case.