Section 175 BNSS: Police Power to Investigate Cognizable Cases
Section 175 of the Bharatiya Nagarik Suraksha Sanhita, 2023 defines the authority of police to investigate cognizable cases, the role of the Superintendent of Police in assigning investigation to a Deputy Superintendent of Police, the circumstances in which a Magistrate may order investigation, and additional safeguards where a complaint concerns a public servant acting in the course of official duties.
Text of Section 175 BNSS
175. Police officer's power to investigate cognizable case.
(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.
(3) Any Magistrate empowered under section 210 may, after considering the application supported by an affidavit made under sub-section (4) of section 173, and after making such inquiry as he thinks necessary and submission made in this regard by the police officer, order such an investigation as above-mentioned.
(4) Any Magistrate empowered under section 210 may, upon receiving a complaint against a public servant arising in course of the discharge of his official duties, order investigation, subject to-
(a) receiving a report containing facts and circumstances of the incident from the officer superior to him; and
(b) after consideration of the assertions made by the public servant as to the situation that led to the incident so alleged.
What Is a Cognizable Case?
A cognizable case concerns an offence for which police may exercise the statutory powers attached to cognizable offences, including investigation without first obtaining a Magistrate's order, subject to the BNSS and other applicable safeguards. Section 175 is the principal provision governing the police power to begin such investigation.
Section 175(1): Investigation Without Magistrate Order
Section 175(1) authorizes the officer in charge of a police station to investigate a cognizable case without first obtaining an order from a Magistrate, provided the case is one that a court having jurisdiction over the local area within the limits of that police station would have power to inquire into or try under Chapter XIV.
The provision therefore combines two ideas: the offence must be cognizable, and the investigation must fall within the statutory jurisdictional framework applicable to the police station and the competent court.
Superintendent of Police May Require DSP Investigation
The proviso to Section 175(1) gives the Superintendent of Police a specific supervisory power. Considering the nature and gravity of the offence, the Superintendent of Police may require the Deputy Superintendent of Police to investigate the case.
This permits investigation of a serious or sensitive matter to be assigned at a higher police level where the nature and gravity of the offence justify that course.
Section 175(2): Challenge to Investigating Officer's Power
Section 175(2) states that a police proceeding in such a case cannot, at any stage, be called in question merely on the ground that the case was one which the officer was not empowered under Section 175 to investigate.
This provision addresses objections based specifically on the officer's authority under this section. It does not remove other statutory or constitutional safeguards that may apply to the investigation.
Section 175(3): Magistrate-Ordered Investigation
A Magistrate empowered under Section 210 BNSS may order investigation under Section 175(3). The Magistrate must first consider the application supported by an affidavit made under Section 173(4), make such inquiry as considered necessary, and consider the submission made by the police officer in that regard.
This creates a structured judicial route where an aggrieved person has invoked the statutory mechanism relating to refusal to record information and then seeks an investigation order from the Magistrate.
Section 175(4): Complaints Against Public Servants
Section 175(4) contains a separate procedure where a Magistrate receives a complaint against a public servant and the alleged incident arises in the course of discharge of that public servant's official duties.
Before ordering investigation, the Magistrate is subject to two express statutory requirements:
- A report containing the facts and circumstances of the incident must be received from the officer superior to the public servant.
- The Magistrate must consider the assertions made by the public servant regarding the situation that led to the alleged incident.
These requirements form part of the decision-making process prescribed by Section 175(4) for complaints arising out of official duties.
Section 175 BNSS at a Glance
| Provision | Rule |
|---|---|
| Section 175(1) | Officer in charge may investigate a cognizable case without a Magistrate's order, subject to the statutory jurisdictional framework. |
| Proviso to Section 175(1) | SP may require the DSP to investigate considering the nature and gravity of the offence. |
| Section 175(2) | Police proceedings cannot be questioned merely on the ground that the officer was not empowered under this section to investigate. |
| Section 175(3) | Magistrate under Section 210 may order investigation after considering the affidavit-supported Section 173(4) application, necessary inquiry and police submission. |
| Section 175(4) | Special requirements apply before ordering investigation on a complaint against a public servant arising from official duties. |
Relationship with Sections 173, 174 and 176 BNSS
Section 173 BNSS governs information relating to cognizable offences and provides the statutory remedy where recording is refused. Section 174 BNSS deals with non-cognizable cases, where police ordinarily require a Magistrate's order to investigate. Section 175 states the police power to investigate cognizable cases, while Section 176 BNSS prescribes the procedure to be followed once the officer has reason to suspect commission of an offence which he is empowered to investigate.
Section 175 and the Earlier CrPC Provision
Section 175 BNSS broadly corresponds to Section 156 of the Code of Criminal Procedure, 1973, but the BNSS text expressly adds important features, including the Superintendent of Police's power to require investigation by a Deputy Superintendent of Police and the special procedure in Section 175(4) for complaints against public servants arising from official duties.
Key Points to Remember
- Police may investigate a cognizable case without first obtaining a Magistrate's order, subject to Section 175.
- The Superintendent of Police may require a DSP to investigate based on the nature and gravity of the offence.
- An objection based only on the investigating officer's authority under Section 175 is restricted by sub-section (2).
- A Magistrate under Section 210 may order investigation after following the Section 175(3) process.
- The Section 173(4) application for Magistrate-ordered investigation must be supported by an affidavit.
- Complaints against public servants arising from official duties are subject to the additional requirements in Section 175(4).
Frequently Asked Questions
Does police need prior permission from a Magistrate to investigate every cognizable case?
No. Section 175(1) allows the officer in charge of a police station to investigate a qualifying cognizable case without a Magistrate's order.
Can an SP transfer investigation to a DSP?
Section 175(1) expressly permits the Superintendent of Police, considering the nature and gravity of the offence, to require the Deputy Superintendent of Police to investigate the case.
Can a Magistrate order investigation after police refuse to act?
Section 175(3) allows a Magistrate empowered under Section 210 to order investigation after considering the affidavit-supported application under Section 173(4), making such inquiry as considered necessary and considering the police officer's submission.
Is there a special rule for complaints against public servants?
Yes. Where the complaint arises from discharge of official duties, Section 175(4) requires the Magistrate to receive a report from the public servant's superior officer and consider the public servant's assertions regarding the situation leading to the alleged incident before ordering investigation.