Bharatiya Nagarik Suraksha Sanhita, 2023
BNSS Section 175
Police officer’s power to investigate cognizable case
In one line
BNSS Section 175 deals with police officer’s power to investigate cognizable case and replaces CrPC 156.
Bare act text — BNSS 175
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 changed from the CrPC
- CrPC 156 → BNSS 175: A new proviso to subsection (1) is added.
- CrPC 156 → BNSS 175: Sub-section (4) is newly added to protect public servants in the course of discharge of public duty against undue harassment, and subsection (3) is also amended according to sub-section(4) of section 173.
Frequently asked
What was BNSS Section 175 in the CrPC?
BNSS Section 175 (Police officer’s power to investigate cognizable case) replaces Section 156 of the Code of Criminal Procedure, 1973. CrPC 156 is now BNSS 175.
Still citing the CrPC? Convert any old section in seconds, or keep the whole case — dates, clients and sections — in one diary.
Nearby BNSS sections
- BNSS 170 — Arrest to prevent commission of cognizable offences
- BNSS 171 — Prevention of injury to public property
- BNSS 172 — Persons bound to conform to lawful directions of police
- BNSS 173 — Information in cognizable cases
- BNSS 174 — Information as to non-cognizable cases and investigation of such cases
- BNSS 176 — Procedure for investigation
- BNSS 177 — Report how submitted
- BNSS 178 — Power to hold investigation or preliminary inquiry
- BNSS 179 — Police officer's power to require attendance of witnesses
- BNSS 180 — Examination of witnesses by police
