Section 174 – Bharatiya Nagarik Suraksha Sanhita(BNSS) – Information As To Non-Cognizable Cases And Investigation Of Such Cases.

Code:

• Entry of Information:
  • When information is given to an officer in charge of a police station regarding the commission of a non-cognizable offence within the limits of such station, the officer shall:
    • Enter or cause to be entered the substance of the information in a book kept for that purpose, in a form prescribed by the State Government, and—
      • (i) Refer the informant to the Magistrate;
      • (ii) Forward the daily diary report of all such cases fortnightly to the Magistrate.
• Investigation of Non-Cognizable Cases:
  • No police officer shall investigate a non-cognizable case without the order of a Magistrate who has the power to try such case or commit it for trial.
• Powers of Police Officer upon Magistrate’s Order:
  • Any police officer who receives such an order from a Magistrate may:
    • Exercise the same powers during the investigation as the officer in charge of a police station would exercise in a cognizable case, except the power to arrest without a warrant.
• Mixed Offences:
  • If a case involves two or more offences, where at least one is cognizable, the entire case shall be treated as a cognizable case, even if the other offences are non-cognizable.

Explanation: On Information As To Non-Cognizable Cases And Investigation Of Such Cases

This section deals with the procedure for handling non-cognizable offenses. It outlines the steps a police officer must take when they receive information about a non-cognizable offense.

• Recording Information: When an officer in charge of a police station receives information about a non-cognizable offense within their jurisdiction, they must record the substance of the information in a designated book. This book must be maintained in the format prescribed by the State Government.
• Referring the Informant: The officer must then refer the informant to a Magistrate.
• Forwarding Daily Diary Report: Fortnightly, the officer must send a report of all such cases to the Magistrate.
• Investigating a Non-cognizable Case: No police officer can investigate a non-cognizable case without a specific order from a Magistrate who has the authority to try the case or commit it for trial.
• Powers of Investigating Officer: If a police officer receives an order from the Magistrate to investigate, they can exercise the same powers in respect of the investigation as an officer in charge of a police station may exercise in a cognizable case, except the power to arrest without a warrant.
• Cases with Both Cognizable and Non-Cognizable Offenses: If a case involves two or more offenses, with at least one being cognizable, the entire case is considered cognizable regardless of the other offenses.

Illustration:

Imagine someone reports a case of theft of a small amount of money. This might be considered a non-cognizable offense. The police officer would record the information in the designated book, refer the informant to a Magistrate, and forward the daily diary report. The officer could not investigate the case further unless a Magistrate issued an order for investigation.

Common Questions and Answers: On Information As To Non-Cognizable Cases And Investigation Of Such Cases

Q: What is a non-cognizable offense?
A: A non-cognizable offense is an offense that is not considered serious enough for the police to make an arrest without a warrant. Examples include minor assaults, petty theft, and defamation.

Q: Why does a police officer need a Magistrate’s order to investigate a non-cognizable case?
A: The law considers non-cognizable offenses relatively less serious. Therefore, a Magistrate’s order is required to ensure that resources are not unnecessarily allocated to such cases.

Q: What happens if a case involves both cognizable and non-cognizable offenses?
A: If a case involves both cognizable and non-cognizable offenses, the entire case is treated as a cognizable case due to the presence of a cognizable offense. This allows the police to investigate the entire case without needing a Magistrate’s order for the non-cognizable offenses.