Explanation of Section 174 of Bharatiya Nagarik Suraksha Sanhita, 2023
This section explains how police handle non-cognizable offences (less serious offences where police cannot arrest or investigate without a Magistrate’s approval).
---
1. What happens when someone reports a non-cognizable offence?
If a person reports a non-cognizable offence at a police station, the officer must:
1. Write down the details in a special book as per government rules.
2. Guide the informant to approach a Magistrate (since police cannot investigate without permission).
3. Send a report to the Magistrate every 15 days with details of all such cases.
Example:
Suppose Ramesh files a complaint about public nuisance (a non-cognizable offence) at the police station. The officer will:
Note down the details in the official record.
Ask Ramesh to go to the Magistrate, as police cannot investigate without approval.
Send a report of such cases to the Magistrate every 15 days.
---
2. Can police investigate a non-cognizable offence?
No, police cannot investigate without a Magistrate’s permission.
If the Magistrate allows, the police can investigate but cannot arrest anyone without a warrant.
Example:
If Aman reports a case of cheating (non-cognizable offence), the police must first get permission from the Magistrate before investigating. Even after approval, the police cannot arrest the accused without a court order.
---
3. What powers do the police have after getting permission?
If a Magistrate allows the police to investigate, they can:
Collect evidence.
Interrogate witnesses.
Conduct searches.
But they cannot arrest anyone without a warrant.
Example:
If Sita complains about defamation (non-cognizable offence) and the Magistrate allows an investigation, the police can collect evidence but cannot arrest the accused unless the court issues a warrant.
---
4. What if a case involves both cognizable and non-cognizable offences?
If a case includes both types of offences, it will be treated as a cognizable case.
This means the police can investigate without Magistrate approval.
Example:
If Rajesh is accused of assault (cognizable offence) and criminal intimidation (non-cognizable offence), the entire case will be treated as a cognizable offence. So, police can investigate without waiting for Magistrate approval.
---
Summary of Section 174
This section ensures that police do not misus
e their power in minor offences while allowing serious cases to be handled properly.
.jpg)
