BNSS Section 174: Information as to non-cognizable cases and investigation of such cases
Bharatiya Nagarik Suraksha Sanhita, 2023 · Chapter 13: Information to the Police and Their Powers to Investigate
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¶174.
(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.
Study: explanations and related material
Replaces CrPC 155. CrPC → BNSS converterSource: BPR&D BNSS–CrPC corresponding section table (UP Police, 2024-07-03)
This section relies on the classification of offences (cognizable, bailable, triable by) in the BNSS First Schedule. Open the First Schedule
Official reference: Ministry of Home Affairs: Gazette text, 25 December 2023 — source link checked: 2 October 2026.Recorded edition / snapshot date: 2024-07-01.Mobile-app reference import; the recorded snapshot date is not a fresh legal-currency guarantee. The linked government text is an independent authoritative reference, not certification that this website reproduces the same edition. The source link was checked, not every provision or subsequent amendment. Check commencement notifications, savings and jurisdiction-specific variations separately.
This text is for reference, not legal advice. Consult the official source for the authoritative text.
Other sections in this chapter
- 173. Information in cognizable cases
- 175. Police officer's power to investigate cognizable case
- 176. Procedure for investigation
- 177. Report how submitted
- 178. Power to hold investigation or preliminary inquiry
- 179. Police officer's power to require attendance of witnesses
- 180. Examination of witnesses by police
- 181. Statements to police and use thereof
- 182. No inducement to be offered
- 183. Recording of confessions and statements
- 184. Medical examination of victim of rape
- 185. Search by police officer
- 186. When officer in charge of police station may require another to issue search-warrant
- 187. Procedure when investigation cannot be completed in twenty-four hours
- 188. Report of investigation by subordinate police officer
- 189. Release of accused when evidence deficient
- 190. Cases to be sent to Magistrate, when evidence is sufficient
- 191. Complainant and witnesses not to be required to accompany police officer and not to be subject to restraint
- 192. Diary of proceedings in investigation
- 193. Report of police officer on completion of investigation
- 194. Police to enquire and report on suicide, etc
- 195. Power to summon persons
- 196. Inquiry by Magistrate into cause of death