Section 175 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
🧾 Section 175: Police Officer's Power to Investigate Cognizable Cases
1. Investigation Without Magistrate's Order
Subsection (1): An officer in charge of a police station may investigate any cognizable offense within their jurisdiction without requiring a magistrate's order.(taxguru.in)
Proviso: If the offense is serious, the Superintendent of Police may direct the Deputy Superintendent of Police to handle the investigation. (vlaoffice.com)
2. Protection Against Legal Challenges
Subsection (2): No action taken by a police officer in such investigations can be challenged on the grounds that the officer was not authorized under this section to conduct the investigation. (indiankanoon.org)
3. Magistrate's Power to Order Investigation
Subsection (3): A magistrate empowered under Section 210 can order an investigation after considering an application supported by an affidavit under Section 173(4), conducting necessary inquiries, and reviewing submissions from the police officer. (ijlsss.com)
4. Investigation of Complaints Against Public Servants
Subsection (4): A magistrate empowered under Section 210 may order an investigation upon receiving a complaint against a public servant arising during the discharge of official duties, subject to:(ijlsss.com)
Receiving a report containing facts and circumstances of the incident from the officer superior to the public servant.(vlaoffice.com)
Considering the assertions made by the public servant regarding the situation that led to the alleged incident. (indiankanoon.org)
⚖️ Comparison with Indian Penal Code (IPC)
Section 156 of CrPC: The corresponding provision in the Indian Penal Code is Section 156, which allows a police officer to investigate cognizable offenses without a magistrate's order. (ijlsss.com)
Differences: While both sections empower police officers to investigate cognizable offenses, Section 175 of BNSS introduces additional provisions, such as the requirement for a magistrate's approval in certain circumstances and the handling of complaints against public servants.
🧭 Key Takeaways
Empowerment of Police Officers: Section 175 grants police officers the authority to investigate cognizable offenses within their jurisdiction without needing a magistrate's order.
Accountability Measures: The section includes safeguards to ensure accountability, such as requiring reports from superior officers when investigating complaints against public servants.
Judicial Oversight: Magistrates have the power to order investigations, especially in cases involving complaints against public servants, ensuring judicial oversight in the investigative process.
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