Explanation of Section 175 of Bharatiya Nagarik Suraksha Sanhita, 2023
This section explains the powers of a police officer to investigate a cognizable offence and the role of the Magistrate in ordering investigations.
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1. Can the police investigate a cognizable offence without a Magistrate’s permission?
Yes, the officer in charge of a police station can investigate a cognizable offence without needing prior approval from a Magistrate.
The crime must be one that falls under the jurisdiction of that police station.
If the crime is serious, the Superintendent of Police (SP) may ask the Deputy Superintendent of Police (DSP) to take over the investigation.
Example:
If a murder happens in a locality, the local police station can immediately start an investigation without asking a Magistrate. However, if the case is high-profile or sensitive, the SP may assign the DSP to investigate.
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2. Can someone question the investigation saying the officer had no power to investigate?
No. Once an officer starts investigating a cognizable offence, no one can challenge it just because they think the officer was not authorized.
Example:
Suppose a Sub-Inspector investigates a robbery case. Later, someone claims that only an Inspector should have handled it. This argument is not valid, as the investigation cannot be questioned on such grounds.
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3. When can a Magistrate order an investigation?
A Magistrate (under Section 210) can order an investigation if:
1. A person files an application with an affidavit under Section 173(4) (meaning the person has already tried to report it to the police).
2. The Magistrate conducts an inquiry and considers the police officer’s response before ordering an investigation.
Example:
If Aman reports a serious fraud to the police but they refuse to investigate, he can file an affidavit before a Magistrate. The Magistrate may ask the police to investigate after conducting a preliminary inquiry.
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4. Can a Magistrate order an investigation against a public servant?
Yes, but only under certain conditions:
The incident must have happened during the public servant’s official duty.
The Magistrate must first receive a detailed report from the officer superior to the accused public servant.
The public servant must be given a chance to explain their side of the story before an investigation is ordered.
Example:
A police officer uses force during a protest, and someone files a complaint of police brutality. The Magistrate cannot immediately order an investigation. They must first:
1. Get a report from the senior officer about what happened.
2. Consider the police officer’s explanation of why they used force.
3. Only then, decide whether an investigation is needed.
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Summary of Section 175
This section ensures that police have the power to act immediately
in serious crimes but also protects public servants from unnecessary harassment.
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