Section 175 BNSS: Police officer's power to investigate cognizable case (Formerly Section 156 CrPC)

Section 175 of Bharatiya Nagarik Suraksha Sanhita, 2023: Police officer's power to investigate cognizable case

Official Bare Act Text

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

(1) Any officer in charge of a police station may, without the order of a Magistrate, investigate any cognizable case which a Court having jurisdiction over the local area within the limits of such station would have power to inquire into or try under the provisions of Chapter XIV:

Provided that considering the nature and gravity of the offence, the Superintendent of Police may require the Deputy Superintendent of Police to investigate the case.

(2) No proceeding of a police officer in any such case shall at any stage be called in question on the ground that the case was one which such officer was not empowered under this section to investigate.

(3) Any Magistrate empowered under section 210 may, after considering the application supported by an affidavit made under sub-section (4) of section 173, and after making such inquiry as he thinks necessary and submission made in this regard by the police officer, order such an investigation as above-mentioned.

(4) Any Magistrate empowered under section 210, may, upon receiving a complaint against a public servant arising in course of the discharge of his official duties, order investigation, subject to—

(a) receiving a report containing facts and circumstances of the incident from the officer superior to him; and

(b) after consideration of the assertions made by the public servant as to the situation that led to the incident so alleged.

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

Charge Sec 2(1)(b) Investigation Sec 2(1)(h) Police Station Sec 2(1)(q)

Legal Commentary & Landmark Judgments: Section 175

Section 175 of the Bharatiya Nagarik Suraksha Sanhita, 2023 defines the police officer's plenary power to investigate cognizable offences and the Judicial Magistrate's supervisory power under Section 156(3) CrPC equivalent.

Framing & Alteration of Charges: Sub-section (1) authorizes any officer in charge of a police station to investigate any cognizable case without the order of a Magistrate within their local territorial jurisdiction.
Sub-Section (2) Provision: Sub-section (2) provides that no proceeding of a police officer in any such case shall at any stage be called in question on the ground that the case was one which such officer was not empowered to investigate.
Inquiry & Trial Mechanism: Sub-section (3) preserves the landmark judicial power: any Magistrate empowered under Section 190 may order such an investigation, functioning as the statutory equivalent of Section 156(3) CrPC.

Under sub-section (4), application under sub-section (3) must be supported by an affidavit explaining prior compliance with Section 173(1) and 173(4).

Key Landmark Precedents:

Sakiri Vasu v. State of U.P. (2008) 2 SCC 409: The Supreme Court held that Section 156(3) CrPC (Sec 175(3) BNSS) confers extensive implied powers on the Magistrate to monitor investigations, order registration of FIRs, and ensure prompt and fair investigation.
Priyanka Srivastava v. State of U.P. (2015) 6 SCC 287: Mandated that every application under Section 156(3) must be supported by a sworn affidavit and proof of prior recourse to police remedies under Sections 154(1) and 154(3), preventing abuse for malicious prosecution.
Babu Bhai v. State of Gujarat (2010) 12 SCC 254: Affirmed that investigation must be fair, transparent, and impartial, forming an indispensable facet of Article 21 due process.

Legal Commentary:

Section 175 is the primary courtroom remedy for aggrieved citizens when police refuse to register an FIR. Following the statutory codification of Priyanka Srivastava in Section 175(4), applications must include verified affidavits and postal receipts of complaints sent to the Superintendent of Police.