(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.
Bharatiya Nagarik Suraksha Sanhita
Section 174
Information as to non-cognizable cases and investigation of such cases
⚡ Quick Answer Reference: Section 174 BNSS
- Provision: Section 174 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE
- Jurisdiction: India
- Summary: When a non-cognizable offence is reported to a police station, the officer in charge must write down the details in a book and refer the informant to a Magistrate. The police officer cannot investigate the case without a Magistrate's order. If a case involves both cognizable and non-cognizable offences, it will be treated as a cognizable case.
What does Section 174 of BNSS say?
Embed this Section Card
Want to display this Section explanation card on your website? Copy and paste the HTML code below:
What does Section 174 of BNSS mean?
Plain English Explanation
When a non-cognizable offence is reported to a police station, the officer in charge must write down the details in a book and refer the informant to a Magistrate. The police officer cannot investigate the case without a Magistrate's order. If a case involves both cognizable and non-cognizable offences, it will be treated as a cognizable case.
Practical Interpretation
In real practice, this section means that police officers cannot start investigating non-cognizable cases on their own. They must first get an order from a Magistrate, who has the power to try the case. This ensures that serious cases are handled properly and that the police do not overstep their authority.
Core Legal Purpose
The core purpose of this section is to ensure that non-cognizable cases are handled correctly and that the police do not overstep their authority. It also ensures that serious cases are handled properly by a Magistrate.
- •Information of a non-cognizable offence is given to an officer in charge of a police station.
- •The officer in charge must enter the details of the information in a book.
- •The informant must be referred to a Magistrate.
- •A police officer cannot investigate a non-cognizable case without a Magistrate's order.
Practical Example of Section 174 BNSS
Rajesh, a resident of Delhi, reports a non-cognizable offence to the local police station. The officer in charge writes down the details of the offence in a book and refers Rajesh to the Magistrate. The Magistrate then orders the police to investigate the case. During the investigation, the police officer has the same powers as they would in a cognizable case, except for the power to arrest without a warrant.
Frequently Asked Questions about Section 174 BNSS
Q: What is the punishment or consequence under Section 174 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment.
Q: Does this section apply to private individuals or public entities?
This section applies to both private individuals and public entities, as it deals with the reporting and investigation of offences.
Q: Is an offence under this section bailable or cognizable?
This section deals with non-cognizable offences, which means that the police cannot arrest someone without a warrant. However, the offence itself may be bailable or non-bailable, depending on the specific circumstances.
Common Questions about Section 174 BNSS
What is Section 174 of BNSS?
Section 174 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Information as to non-cognizable cases and investigation of such cases". In plain terms: When a non-cognizable offence is reported to a police station, the officer in charge must write down the details in a book and refer the informant to a Magistrate. The police officer cannot investigate the case without a Magistrate's order. If a case involves both cognizable and non-cognizable offences, it will be treated as a cognizable case.
What is the punishment under Section 174 of BNSS?
Section 174 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 174 of BNSS bailable or non-bailable?
Whether Section 174 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 174 of BNSS?
The essential elements of Section 174 of BNSS are: Information of a non-cognizable offence is given to an officer in charge of a police station.; The officer in charge must enter the details of the information in a book.; The informant must be referred to a Magistrate..
What is the IPC equivalent of Section 174 of BNS?
Section 174 of the Bharatiya Nyaya Sanhita (BNS) 2023 corresponds to Section 155 of the old Indian Penal Code (IPC). There was no material change in the provision.
✓ No material change in the provision.
View Old Law Equivalent →Compare Side-by-Side →Landmark Judgments under Section 174 BNSS
Patnahcucisdb94 High Court (10 8)
Sections commonly cited alongside Section 174
Ask Nyaya AI About Section 174
Select a pre-configured prompt to run this section through the grounded research engine.