(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.
Bharatiya Nagarik Suraksha Sanhita
Section 175
Police officer’s power to investigate cognizable case
⚡ Quick Answer Reference: Section 175 BNSS
- Provision: Section 175 of BNSS
- Act: Bharatiya Nagarik Suraksha Sanhita
- Classification: INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE
- Jurisdiction: India
- Summary: A police officer in charge of a police station can investigate a serious crime without a court order. However, the Superintendent of Police can ask a Deputy Superintendent to investigate if the crime is very serious. The police officer's actions cannot be questioned later.
What does Section 175 of BNSS say?
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What does Section 175 of BNSS mean?
Plain English Explanation
A police officer in charge of a police station can investigate a serious crime without a court order. However, the Superintendent of Police can ask a Deputy Superintendent to investigate if the crime is very serious. The police officer's actions cannot be questioned later.
Practical Interpretation
In real practice, this section means that police officers have the authority to investigate serious crimes without needing a court order. However, the Superintendent of Police can intervene and ask a Deputy Superintendent to investigate if the crime is severe. This section also protects the police officer's actions from being challenged later.
Core Legal Purpose
The core purpose of this section is to empower police officers to investigate serious crimes without needing a court order, while also ensuring that the Superintendent of Police can intervene in severe cases and protecting the police officer's actions from being challenged later.
- •The police officer in charge of a police station must be empowered to investigate the case.
- •The case must be a cognizable case, meaning a serious crime that can be investigated without a court order.
- •The Superintendent of Police may require the Deputy Superintendent of Police to investigate the case if it is very serious.
- •The police officer's actions cannot be questioned later on the ground that they were not empowered to investigate the case.
Practical Example of Section 175 BNSS
Rajesh, a police officer in charge of a police station in Mumbai, receives a complaint about a serious crime. He decides to investigate the case without a court order, as it is a cognizable case. Later, the Superintendent of Police asks him to hand over the case to the Deputy Superintendent of Police, who takes over the investigation. In this scenario, Rajesh's actions are protected under Section 175 of BNSS, as he was empowered to investigate the case initially and the Superintendent of Police intervened later.
Frequently Asked Questions about Section 175 BNSS
Q: What is the punishment or consequence under Section 175 of BNSS?
This section is a procedural provision and does not prescribe a penal punishment. It outlines the powers and responsibilities of police officers in investigating serious crimes.
Q: Does this section apply to private individuals or public entities?
This section applies to public entities, specifically police officers and their superiors, in the context of investigating serious crimes.
Q: Is an offence under this section bailable or cognizable?
This section deals with the investigation of cognizable cases, which are serious crimes that can be investigated without a court order. Therefore, the offence is cognizable.
Common Questions about Section 175 BNSS
What is Section 175 of BNSS?
Section 175 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) defines and regulates "Police officer’s power to investigate cognizable case". In plain terms: A police officer in charge of a police station can investigate a serious crime without a court order. However, the Superintendent of Police can ask a Deputy Superintendent to investigate if the crime is very serious. The police officer's actions cannot be questioned later.
What is the punishment under Section 175 of BNSS?
Section 175 of BNSS does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 175 of BNSS bailable or non-bailable?
Whether Section 175 of BNSS is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 175 of BNSS?
The essential elements of Section 175 of BNSS are: The police officer in charge of a police station must be empowered to investigate the case.; The case must be a cognizable case, meaning a serious crime that can be investigated without a court order.; The Superintendent of Police may require the Deputy Superintendent of Police to investigate the case if it is very serious..
What is the IPC equivalent of Section 175 of BNS?
Section 175 of the Bharatiya Nyaya Sanhita (BNS) 2023 corresponds to Section 156 of the old Indian Penal Code (IPC). There was no material change in the provision.
✓ No material change in the provision.
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