Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 174: Information as to noncognizable cases and investigation of such cases.
(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 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.
Brefe Detail
This section outlines the procedures for handling non-cognizable offences reported to the police. It specifies the responsibilities of the officer in charge of the police station regarding the documentation of the offence, the referral process to the Magistrate, and the conditions under which police investigations may occur.
Question & Answers
What should an officer do when informed of a non-cognizable offence?
The officer must enter the substance of the information in a designated book, refer the informant to the Magistrate, and forward a daily diary report to the Magistrate every fortnight.
Can a police officer investigate a non-cognizable case without permission?
No, a police officer cannot investigate a non-cognizable case without the order of a Magistrate.
What powers does a police officer have when investigating a non-cognizable case?
A police officer may exercise the same powers as an officer in charge of a police station in a cognizable case, except the power to arrest without a warrant.
What happens if a case involves both cognizable and non-cognizable offences?
If a case involves at least one cognizable offence, it is treated as a cognizable case regardless of the presence of non-cognizable offences.
Example
- If a person reports a theft (non-cognizable offence) to the police, the officer will document it and direct the informant to the Magistrate, rather than investigating it directly.
- In a situation where a person is involved in both a robbery (cognizable) and vandalism (non-cognizable), the case will be considered cognizable due to the robbery charge.
Summary
Section 174 of the Bharatiya Nagarik Suraksha Sanhita outlines the protocol for handling non-cognizable offences, emphasizing the importance of referral to the Magistrate and the limitations on police investigations without judicial approval. It clarifies how mixed cases involving cognizable and non-cognizable offences should be treated.
