सं Samvidhan

Bharatiya Nagarik Suraksha Sanhita, 2023

Section 174

Information as to non-cognizable cases and investigation of such cases

Why this exists

This provision continues the long-standing scheme (originally Section 155 of the Code of Criminal Procedure, 1973, itself descended from the 1898 Code) that divides offences into 'cognizable' (serious, allowing immediate police arrest and investigation) and 'non-cognizable' (less serious, requiring judicial oversight before police act). The idea is to prevent police overreach into minor disputes — such as simple hurt, defamation, or public nuisance — by requiring a Magistrate's permission before an investigation begins, while still keeping a record of every complaint so nothing is lost or ignored.

How courts read it

Under the predecessor Section 155 CrPC, courts consistently held that police investigation into a purely non-cognizable offence without a Magistrate's order is illegal, and any evidence gathered through such an unauthorized investigation may be excluded or treated with caution, though it does not automatically vitiate the trial. Courts also clarified that when a single FIR discloses both cognizable and non-cognizable offences, the presence of even one cognizable offence lets police investigate the whole matter freely (the principle now codified as sub-section (4)). No Supreme Court ruling has yet interpreted the renumbered BNSS provision specifically, since it restates existing law.

Common misconceptions
  • Myth: Police can refuse to even record a complaint about a non-cognizable offence.
    Fact: The law requires police to note down the complaint in the station diary regardless of whether the offence is cognizable or non-cognizable; they just can't investigate without a Magistrate's order.
  • Myth: Once a Magistrate allows investigation into a non-cognizable case, police get full powers including arrest without warrant.
    Fact: Even after the Magistrate's order, the law specifically denies police the power to arrest without a warrant in such cases.
BNSS Section 174 — Information as to non-cognizable cases and investigation of such cases · Samvidhan