CrPC 156→BNSS 175

CrPC 156 to BNSS 175: Police officer’s power to investigate cognizable case

Section 156 CrPC (1973) replaced by Section 175 BNSS (2023)

View CrPC Section 156 →View BNSS Section 175 →

CrPC 156 to BNSS 175 at a Glance

Section 156 CrPC (Police officer’s power to investigate cognizable case) is now Section 175 BNSS, in force from 1 July 2024. What changed is set out below.

What Changed From CrPC 156 to BNSS 175?

Section 156 of the Code of Criminal Procedure, 1973 became Section 175 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Updating Chapter XIII to Chapter XIV and Section 190 CrPC to Section 210 BNSS are changes of form, while the station officer power in Section 175(1) BNSS and the bar on questioning proceedings in Section 175(2) BNSS are unchanged. Substantively, a new proviso in Section 175(1) BNSS lets the Superintendent of Police require a Deputy Superintendent of Police to investigate. Section 175(3) BNSS adds affidavit, inquiry, and police submission steps, and Section 175(4) BNSS is new with no CrPC source for public servant complaints.

CrPC 156 vs BNSS 175: Comparison Table

AspectCrPC 1973 (repealed)BNSS 2023 (in force)
Section156175
HeadingPolice officer’s power to investigate cognizable caseSame
Sub-sections3 sub-sections4 sub-sections
Cross-referencess.190s.210

CrPC 156 and BNSS 175: Bare Act Text Side by Side

CrPC 1973 (repealed)

Section 156, CrPC 1973

156. Police officer’s power to investigate cognizable case.—(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 XIII. (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 190 may order such an investigation as above-mentioned.
BNSS 2023 (in force)

Section 175, BNSS 2023

175. Police officer's power to investigate cognizable case.—(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.

When It Applies: CrPC 156 vs BNSS 175

Under CrPC 156
  1. The officer in charge of a police station may begin investigating a cognizable case on their own authority without needing a prior order from a Magistrate under Section 156(1) of the Code of Criminal Procedure, 1973.
  2. This police power applies where a Court having jurisdiction over the local area within the station limits would have the authority to inquire into or try the case under Chapter XIII of the Code.
  3. In any such cognizable case, no investigation proceeding conducted by a police officer shall be challenged at any stage by claiming that the officer was not empowered under Section 156 CrPC to investigate.
  4. A Magistrate who is empowered under Section 190 CrPC may order such a police investigation into a cognizable case under Section 156(3) CrPC.
Under BNSS 175
  1. An officer in charge of a police station may investigate any cognizable case without the order of a Magistrate when a Court having jurisdiction over the local area within the limits of that station would have power to inquire into or try the case under Chapter XIV of the Bharatiya Nagarik Suraksha Sanhita, 2023.
  2. As a proviso that modifies the general rule in Section 175(1) BNSS, the Superintendent of Police may require the Deputy Superintendent of Police to investigate the case after considering the nature and gravity of the offence.
  3. In any such cognizable case, no proceeding conducted by a police officer shall be called in question at any stage on the ground that the officer was not empowered under Section 175 BNSS to investigate.
  4. A Magistrate empowered under Section 210 BNSS may order such an investigation under Section 175(3) BNSS after considering the application supported by an affidavit made under Section 173(4) BNSS, making such inquiry as the Magistrate thinks necessary, and considering the submission made in that regard by the police officer.
  5. Upon receiving a complaint against a public servant arising in the course of the discharge of official duties, a Magistrate empowered under Section 210 BNSS may order an investigation under Section 175(4) BNSS subject to receiving a report containing the facts and circumstances of the incident from the superior officer and considering the assertions made by the public servant about the situation that led to the alleged incident.

What CrPC 156 to BNSS 175 Means in Practice

Compared to Section 156 of the Code of Criminal Procedure, 1973, Section 175 of the Bharatiya Nagarik Suraksha Sanhita, 2023 adds conditions before a Magistrate may order an investigation. Under Section 175(3) BNSS, the Magistrate acts after considering an affidavit application under Section 173(4) BNSS, making necessary inquiry, and considering the police submission. Section 175(4) BNSS requires a superior officer report and consideration of the assertions of the public servant, while the Section 175(1) BNSS proviso lets a Superintendent of Police require a Deputy Superintendent of Police to investigate.

FAQs: CrPC 156 to BNSS 175

How did the power of a Magistrate to order an investigation change from Section 156(3) CrPC to Section 175(3) BNSS?▼

In Section 156(3) of the Code of Criminal Procedure, 1973, any Magistrate empowered under Section 190 CrPC may order a cognizable case investigation. In Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the Section 190 CrPC reference becomes Section 210 BNSS as a change of form, and the Magistrate may order the investigation after considering an affidavit application under Section 173(4) BNSS, making necessary inquiry, and considering the submission of the police officer.

Does Section 175(4) BNSS have a source in Section 156 CrPC?▼

No. Section 175(4) BNSS is a new sub-section in the Sanhita with no source in Section 156 CrPC. Under Section 175(4) BNSS, a Magistrate empowered under Section 210 BNSS may order an investigation on a complaint against a public servant arising in the course of official duties, subject to receiving a report of the facts and circumstances from the superior officer and considering the assertions made by the public servant.

What changed in Section 175(1) BNSS and Section 175(2) BNSS compared to Section 156(1) CrPC and Section 156(2) CrPC?▼

In Section 175(1) BNSS, the power of a police station officer to investigate a cognizable case without a Magistrate order is unchanged from Section 156(1) CrPC, and updating Chapter XIII to Chapter XIV is a change of form. However, Section 175(1) BNSS adds a proviso letting the Superintendent of Police require the Deputy Superintendent of Police to investigate considering the nature and gravity of the offence. Section 175(2) BNSS has the exact same words as Section 156(2) CrPC, so the rule is unchanged.

Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.

Sources: Code of Criminal Procedure, 1973 · Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 21 Oct 2026 ·