BNSS Section 175: Police officer's power to investigate cognizable case
Bharatiya Nagarik Suraksha Sanhita, 2023 · Chapter 13: Information to the Police and Their Powers to Investigate
Also available in: हिंदी
175.
(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.
Bare act text for reference, current to 1 July 2024. It is not legal advice; check the official gazette for authoritative text.
Other sections in this chapter
- 173. Information in cognizable cases
- 174. Information as to non-cognizable cases and investigation of such cases
- 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