Section 174 BNSS: Information as to non-cognizable cases and investigation of such cases (Formerly Section 155 CrPC)

Section 174 of Bharatiya Nagarik Suraksha Sanhita, 2023: Information as to non-cognizable cases and investigation of such cases

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

(1) When information is given to an officer in charge of a police station of the commission within the limits of such station of a non-cognizable offence, he shall enter or cause to be entered the substance of the information in a book to be kept by such officer in such form as the State Government may by rules prescribe in this behalf, and,—

(i) refer the informant to the Magistrate;

(ii) forward the daily diary report of all such cases fortnightly to the Magistrate.

(2) No police officer shall investigate a non-cognizable case without the order of a Magistrate having power to try such case or commit the case for trial.

(3) Any police officer receiving such order may exercise the same powers in respect of the investigation (except the power to arrest without warrant) as an officer in charge of a police station may exercise in a cognizable case.

(4) Where a case relates to two or more offences of which at least one is cognizable, the case shall be deemed to be a cognizable case, notwithstanding that the other offences are non-cognizable.

Statutory Defined Terms in this Section: (Click any term for official legal definition)

Charge Sec 2(1)(b) Cognizable Offence Sec 2(1)(c) Investigation Sec 2(1)(h) Non-Cognizable Offence Sec 2(1)(l) Police Station Sec 2(1)(q) Arrest Sec 35

Legal Commentary & Landmark Judgments: Section 174

Section 174 of the Bharatiya Nagarik Suraksha Sanhita, 2023 regulates the recording of information regarding non-cognizable cases and bars police investigation without magisterial sanction.

Cognizability & Arrest Powers: Section 174 provides that when information is given to an officer in charge of a police station of the commission within its limits of a non-cognizable offence, the officer shall enter the substance of the information in a book (Non-Cognizable Report or NCR) and refer the informant to the Magistrate.
Inquiry & Trial Mechanism: Sub-section (2) creates an absolute statutory prohibition: no police officer shall investigate a non-cognizable case without the express order of a Magistrate having power to try such case or commit the case for trial.

Under sub-section (4), where a case relates to two or more offences of which at least one is cognizable, the case shall be deemed to be a cognizable case notwithstanding the other offences.

Key Landmark Precedents:

Keshav Lal Thakur v. State of Bihar (1996) 11 SCC 557: The Supreme Court held that investigation conducted into a non-cognizable offence without the prior sanction of the Magistrate under Section 155(2) CrPC (Sec 174 BNSS) is illegal, void ab initio, and liable to be quashed.
State of Haryana v. Bhajan Lal (1992) Supp (1) SCC 335: Affirmed that police have no inherent power to investigate non-cognizable offences without judicial orders, making unauthorized investigation a manifest abuse of statutory power.

Legal Commentary:

Section 174 protects citizens from unauthorized police harassment in minor or civil disputes disguised as crimes. Defense counsel must scrutinize the FIR: if all alleged offences are non-cognizable and no magistrate order was obtained prior to investigation, the entire charge-sheet is liable to be quashed.