Section 175 – Bharatiya Nagarik Suraksha Sanhita(BNSS) – Police Officer’S Power To Investigate Cognizable Case.

Code:

• Power to Investigate Cognizable Cases:
  • Any officer in charge of a police station may investigate without the order of a Magistrate any cognizable case within the limits of such station, over which a court having jurisdiction in that local area has the power to inquire or try under the provisions of Chapter XIV.
  • Provided: Considering the nature and gravity of the offence, the Superintendent of Police may either:
    • Investigate the case himself, or
    • Require the Deputy Superintendent of Police to investigate the offence.
• Validity of Proceedings:
  • No proceeding of a police officer in such a case shall be called into question at any stage on the grounds that the officer was not empowered under this section to investigate the case.
• Judicial Magistrate’s Authority to Order Investigation:
  • A Judicial Magistrate empowered under section 210 may, after considering an application made under clause (b) of sub-section (4) of section 173, and the submissions made by the police officer, order an investigation as provided under this section.
• Complaints Against Public Servants:
  • A Judicial Magistrate empowered under section 210 may take cognizance of a complaint against a public servant, arising during the discharge of their official duties, subject to:
    • (a) Receiving a report containing facts and circumstances of the incident from the officer superior to the public servant.
    • (b) Considering the assertions made by the public servant regarding the situation leading to the incident.

Explanation:

This section lays down the procedure or power to investigate cognizable case or offenses by police officers. It grants the power to investigate cognizable offenses to the officer in charge of the police station, without the need for a Magistrate’s order. This power is subject to the Superintendent of Police’s discretion to either investigate personally or delegate the investigation to the Deputy Superintendent of Police, depending on the severity of the offense.

Illustration:

• A person is found dead under suspicious circumstances. The officer in charge of the police station can immediately begin investigating this cognizable offense without waiting for a Magistrate’s order.
• However, if the case involves a serious offense like murder, the Superintendent of Police may choose to personally investigate or assign the investigation to the Deputy Superintendent of Police.

Common Questions and Answers:

Q: What is a cognizable offense?

A: A cognizable offense is a serious crime where the police can arrest a suspect without a warrant.

Q: Can a police officer investigate any offense without a Magistrate’s order?

A: No, only cognizable offenses can be investigated without a Magistrate’s order under this section.

Q: What happens if the Superintendent of Police doesn’t investigate a serious offense?

A: The Superintendent of Police is expected to investigate serious offenses or assign the investigation to a competent officer. Failure to do so may be considered misconduct.

Q: What happens if the police officer’s investigation is challenged?

A: The investigation cannot be challenged on the grounds that the officer was not empowered to investigate under this section.