Section 175 BNSS, 2023 — Police Officer’s Power to Investigate Cognizable Cases

Introduction

Section 175 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) empowers the officer in charge of a police station to investigate cognizable offences without obtaining prior permission from a Magistrate. It is one of the foundational provisions governing criminal investigations and ensures that serious offences are investigated promptly and efficiently.

The provision preserves the distinction between cognizable and non-cognizable offences, allowing immediate police action in cases where the law recognizes greater public interest and urgency.

Meaning of Section 175

Section 175 authorizes the police to commence an investigation into a cognizable case as soon as information disclosing such an offence is received and recorded in accordance with BNSS.

A cognizable case is one relating to an offence in which the police have statutory authority to investigate and, where permitted by law, arrest without a warrant.

Statutory Basis

Section 175 – Police officer’s power to investigate cognizable case provides that the officer in charge of a police station may investigate any cognizable case having jurisdiction over the local area without the order of a Magistrate.

The section also recognizes that territorial jurisdiction ordinarily governs investigation, although BNSS contains provisions for offences committed beyond local jurisdiction.

Object and Purpose

The provision aims to:

• Enable immediate investigation of serious offences.
• Prevent delay caused by seeking prior judicial approval.
• Facilitate collection and preservation of evidence.
• Ensure effective enforcement of criminal law.

Essential Elements

1. Information of a Cognizable Offence

The investigation begins only when information reveals the commission of a cognizable offence, usually through registration of a First Information Report under BNSS.

2. Officer in Charge of Police Station

The statutory power primarily vests in the officer in charge of a police station, who may personally investigate or direct a subordinate officer to do so in accordance with BNSS.

3. No Prior Magistrate’s Order

A defining feature of Section 175 is that prior permission of the Magistrate is not required before commencing investigation into a cognizable case.

4. Territorial Jurisdiction

The investigation is ordinarily conducted by the police station having jurisdiction over the place where the offence occurred, subject to other jurisdictional provisions under BNSS.

Powers of the Police Officer

Under Section 175, the investigating officer may:

• Commence investigation without prior judicial authorization.
• Visit the scene of occurrence.
• Collect physical and documentary evidence.
• Examine witnesses according to BNSS procedure.
• Take lawful investigative steps necessary for discovering the truth.

These powers must always be exercised in accordance with procedural safeguards contained elsewhere in BNSS.

Procedure

1. Information regarding a cognizable offence is received.
2. The FIR is recorded in accordance with BNSS.
3. The officer in charge decides to investigate.
4. Police visit the scene and collect evidence.
5. Witnesses and relevant persons are examined.
6. The investigation concludes with submission of the police report before the competent Magistrate.

Scope of Investigation

The investigation may include:

• Inspection of the crime scene.
• Search and seizure where legally authorized.
• Recording statements of witnesses.
• Collection of forensic and electronic evidence.
• Identification and apprehension of suspects.
• Preparation of the final investigation report.

Important Distinction

Cognizable and Non-Cognizable Cases

• In cognizable cases, police may investigate without obtaining prior orders from a Magistrate under Section 175.
• In non-cognizable cases, police generally require the Magistrate’s authorization before commencing investigation under the relevant BNSS provisions.

This distinction is central to the investigative framework of BNSS.

BNSS and CrPC

Section 175 BNSS substantially corresponds to Section 176 of the Code of Criminal Procedure, 1973.

The core investigative power remains unchanged: police continue to possess independent authority to investigate cognizable offences without prior judicial permission. BNSS, however, operates within the broader framework of modern procedural reforms, including greater emphasis on forensic investigation and digital procedures in appropriate cases.

Relationship with BNS and BSA

Section 175 functions alongside the other two pillars of India’s criminal law framework:

• Bharatiya Nyaya Sanhita, 2023 (BNS): Defines the substantive criminal offences that are investigated.
• Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS): Provides the procedure for investigation, arrest, inquiry, and trial.
• Bharatiya Sakshya Adhiniyam, 2023 (BSA): Governs the admissibility and proof of evidence collected during investigation.

Constitutional Connection

Section 175 must be exercised consistently with constitutional guarantees:

• Article 21: Investigation must follow fair, just, and reasonable procedure.
• Article 22: Any arrest made during investigation must comply with constitutional safeguards relating to arrested persons.

Common Confusion

Can police investigate every offence without a Magistrate’s permission?

No. Section 175 applies only to cognizable cases. Non-cognizable offences are governed by a different procedural framework that ordinarily requires the Magistrate’s order before investigation.

Topic at a Glance

• BNSS Section: 175
• Subject: Police officer’s power to investigate cognizable cases
• Authority: Officer in charge of a police station
• Magistrate’s Prior Order: Not required
• Applies To: Cognizable offences
• Purpose: Prompt and effective criminal investigation

Quick Revision

• Section: 175 BNSS
• Police may investigate cognizable offences without prior Magistrate’s permission.
• The power belongs to the officer in charge of a police station.
• Investigation ordinarily follows registration of an FIR.
• The provision applies only to cognizable cases.
• It substantially corresponds to Section 176 of the CrPC.

ALSO READ: Section 173 – Information in cognizable cases

Conclusion

Section 175 of BNSS, 2023 establishes the statutory authority of the police to investigate cognizable offences promptly and independently. By removing the requirement of prior judicial permission while preserving procedural safeguards, the provision balances effective law enforcement with the rule of law and fair criminal procedure.