Section 174 BNSS: Information as to non-cognizable cases and investigation of such cases
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 174 BNSS at a Glance
Section 174 BNSS deals with information as to non-cognizable cases and investigation of such cases. It replaced Section 155 CrPC on 1 July 2024.
Section 174 BNSS Bare Act Text
(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.
Source: Section 174, Bharatiya Nagarik Suraksha Sanhita, 2023
Section 174 BNSS in Simple Words
Section 174 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with information about non-cognizable offences and with the investigation of such cases. Under Section 174(1) BNSS, an officer in charge of a police station may be given information that a non-cognizable offence has been committed within the limits of that station. That officer shall record the substance of the information in a book, or cause it to be recorded. The officer keeps the book, and its form is whatever the State Government may prescribe by rules.
Under Section 174(1)(i) BNSS, the officer shall also refer the informant to the Magistrate. Under Section 174(1)(ii) BNSS, the officer shall forward to the Magistrate, every fortnight, the daily diary report covering all such cases. Under Section 174(2) BNSS, a police officer shall not investigate a non-cognizable case unless a Magistrate has ordered it. The Magistrate must have power to try the case or to commit the case for trial.
Under Section 174(3) BNSS, a police officer who receives such an order may use, for the investigation, the same powers that an officer in charge of a police station has in a cognizable case. The power to arrest without warrant is excluded. Under Section 174(4) BNSS, suppose a case involves two or more offences and at least one of them is cognizable. That case shall be deemed a cognizable case, even though the other offences are non-cognizable.
When Section 174 BNSS Applies
- The officer in charge of a police station acts when information is given to that officer of the commission within the limits of such station of a non-cognizable offence. That officer 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.
- That officer shall also refer the informant to the Magistrate under Section 174(1)(i) BNSS.
- A police officer shall investigate a non-cognizable case only with the order of a Magistrate having power to try such case or commit the case for trial.
- Any police officer receiving such order may exercise the same powers in respect of the investigation as an officer in charge of a police station may exercise in a cognizable case, except the power to arrest without warrant.
- 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.
Time Limits Under Section 174 BNSS
- Under Section 174(1)(ii) BNSS, the officer in charge of a police station shall forward the daily diary report of all such cases fortnightly to the Magistrate.Act text: “forward the daily diary report of all such cases fortnightly to the Magistrate”
Example of Section 174 BNSS
When Section 174 BNSS Does Not Apply
- Section 174(1) BNSS speaks of information of the commission within the limits of such station of a non-cognizable offence. It does not say that the book entry, the reference of the informant to the Magistrate and the forwarding of the daily diary report are required for an offence committed outside the limits of that station.
- Section 174(2) BNSS bars the investigation of a non-cognizable case without the order of a Magistrate having power to try such case or commit the case for trial.
- Section 174(3) BNSS gives a police officer receiving such order the same powers in respect of the investigation as an officer in charge of a police station may exercise in a cognizable case, except the power to arrest without warrant.
- Section 174(4) BNSS deals with a case that relates to two or more offences of which at least one is cognizable. Such a case shall be deemed to be a cognizable case, notwithstanding that the other offences are non-cognizable.
Section 174 BNSS in the CrPC (Previous Law)
Section 174 BNSS replaced Section 155 CrPC from 1 July 2024.
Section 174 BNSS has the same heading as Section 155 CrPC. Section 174(1) BNSS adds the words by rules in describing how the State Government may prescribe the form of the book. Section 174(1) BNSS divides the words after the book into Section 174(1)(i) BNSS refer the informant to the Magistrate and Section 174(1)(ii) BNSS forward the daily diary report of all such cases fortnightly to the Magistrate, and Section 155(1) CrPC has no words on the daily diary report. Section 174(2) BNSS, Section 174(3) BNSS and Section 174(4) BNSS have the same text as Section 155(2) CrPC, Section 155(3) CrPC and Section 155(4) CrPC.
Each sub-section below names its own source.
FAQs on Section 174 BNSS
What must the officer in charge of a police station do on information of a non-cognizable offence under Section 174 BNSS?▼
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, Section 174(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides that 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 refer the informant to the Magistrate, and forward the daily diary report of all such cases fortnightly to the Magistrate.
May a police officer investigate a non-cognizable case under Section 174 BNSS?▼
Section 174(2) BNSS provides that 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. Under Section 174(3) BNSS, any police officer receiving such order may exercise the same powers in respect of the investigation as an officer in charge of a police station may exercise in a cognizable case, except the power to arrest without warrant.
What does Section 174(4) BNSS say about a case with cognizable and non-cognizable offences?▼
Where a case relates to two or more offences of which at least one is cognizable, Section 174(4) BNSS provides that the case shall be deemed to be a cognizable case, notwithstanding that the other offences are non-cognizable.
What changed from Section 155 CrPC to Section 174 BNSS from 1 July 2024?▼
Section 174 BNSS has the same heading as Section 155 CrPC. Section 174(1) BNSS reads in such form as the State Government may by rules prescribe in this behalf where Section 155(1) CrPC read in such form as the State Government may prescribe in this behalf. Section 174(1) BNSS divides the words after the book into Section 174(1)(i) BNSS refer the informant to the Magistrate and Section 174(1)(ii) BNSS forward the daily diary report of all such cases fortnightly to the Magistrate. Section 155(1) CrPC read and refer the informant to the Magistrate and has no words on the daily diary report. Section 174(2) BNSS, Section 174(3) BNSS and Section 174(4) BNSS have the same text as Section 155(2) CrPC, Section 155(3) CrPC and Section 155(4) CrPC.
Section 174 BNSS: Sub-sections Explained
Section 174(1) BNSS: Information as to non-cognizable cases and investigation of such cases
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Bare Act Text
(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.
Section 174(2) BNSS: Information as to non-cognizable cases and investigation of such cases
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Bare Act Text
(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.
Section 174(3) BNSS: Information as to non-cognizable cases and investigation of such cases
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Bare Act Text
(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.
Section 174(4) BNSS: Information as to non-cognizable cases and investigation of such cases
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Bare Act Text
(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.
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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 26 Oct 2026 ·