Section 175 BNSS: Police officer's power to investigate cognizable case
Bharatiya Nagarik Suraksha Sanhita, 2023
Section 175 BNSS at a Glance
Section 175 BNSS deals with police officer's power to investigate cognizable case. It replaced Section 156 CrPC on 1 July 2024. Popularly called magistrate-ordered investigation. Section 175(3) BNSS lets the Magistrate order investigation only after considering an application supported by an affidavit, an inquiry and the police officer's submission.
Section 175 BNSS Bare Act Text
(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.
Source: Section 175, Bharatiya Nagarik Suraksha Sanhita, 2023
Section 175 BNSS in Simple Words
Section 175 of the Bharatiya Nagarik Suraksha Sanhita, 2023 governs the investigation of cognizable cases. An officer in charge of a police station may investigate any cognizable case without the order of a Magistrate when the local Court has power to inquire into or try it under Chapter XIV.
A proviso lets the Superintendent of Police, considering the nature and gravity of the offence, require the Deputy Superintendent of Police to investigate. No police proceeding in such a case shall be called in question at any stage for lack of power under Section 175 BNSS, A Magistrate empowered under Section 210 BNSS may order an investigation after the steps in Section 175(3) BNSS, and Section 175(4) BNSS sets conditions for ordering one on a complaint against a public servant.
When Section 175 BNSS Applies
- 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.
- 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.
- 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.
- 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.
- 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.
Example of Section 175 BNSS
When Section 175 BNSS Does Not Apply
- An officer in charge of a police station does not have power under Section 175(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 to investigate without the order of a Magistrate when the case is not a cognizable case.
- The police station officer cannot investigate without the order of a Magistrate under Section 175(1) BNSS when a Court having jurisdiction over the local area within the limits of that station would not have power to inquire into or try the case under the provisions of Chapter XIV of the Sanhita.
- A Magistrate empowered under Section 210 BNSS cannot order an investigation under Section 175(3) BNSS without considering an 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.
- On a complaint against a public servant arising in the course of the discharge of official duties, a Magistrate empowered under Section 210 BNSS cannot order an investigation under Section 175(4) BNSS unless the Magistrate receives a report containing the facts and circumstances of the incident from the superior officer and considers the assertions made by the public servant as to the situation that led to the alleged incident.
Section 175 BNSS in the CrPC (Previous Law)
Section 175 BNSS replaced Section 156 CrPC from 1 July 2024.
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.
Each sub-section below names its own source.
FAQs on Section 175 BNSS
Who can investigate a cognizable case without a Magistrate order under Section 175(1) BNSS?▼
Any officer in charge of a police station may investigate any cognizable case without the order of a Magistrate under Section 175(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023, when the Court with jurisdiction over the local area within the station limits has power to inquire into or try the case under Chapter XIV. In addition, a proviso allows the Superintendent of Police, considering the nature and gravity of the offence, to require the Deputy Superintendent of Police to investigate the case.
Can a police investigation be challenged on the ground that the officer lacked authority under Section 175 BNSS?▼
No. Section 175(2) BNSS provides that no proceeding of a police officer in any such cognizable case shall at any stage be called in question on the ground that the case was one which that officer was not empowered under Section 175 BNSS to investigate. This protects the investigation from being invalidated at any stage for lack of authority under the provision.
What steps must a Magistrate take before ordering an investigation under Section 175(3) BNSS?▼
A Magistrate empowered under Section 210 BNSS may order an investigation under Section 175(3) BNSS after completing specific steps. The Magistrate must consider the application supported by an affidavit made under Section 173(4) BNSS, make such inquiry as the Magistrate thinks necessary, and consider the submission made in that regard by the police officer before ordering the investigation.
When can a Magistrate order an investigation against a public servant under Section 175(4) BNSS?▼
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 the conditions in the Sanhita. The Magistrate must receive a report containing the facts and circumstances of the incident from the officer superior to the public servant, and must consider the assertions made by the public servant as to the situation that led to the alleged incident.
What changed in Section 175 BNSS compared to Section 156 CrPC from 1 July 2024?▼
From 1 July 2024, Section 175 BNSS replaced Section 156 of the Code of Criminal Procedure, 1973 and added new provisions. A proviso to Section 175(1) BNSS lets the Superintendent of Police require the Deputy Superintendent of Police to investigate considering the nature and gravity of the offence. Section 175(3) BNSS requires consideration of an affidavit application under Section 173(4) BNSS, necessary inquiry, and the police submission, while Section 175(4) BNSS adds rules for complaints against public servants.
Section 175 BNSS: Sub-sections Explained
Section 175(1) BNSS: Police officer’s power to investigate cognizable case
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Bare Act Text
(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.
Section 175(2) BNSS: Police officer’s power to investigate cognizable case
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Bare Act Text
(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.
Section 175(3) BNSS: Police officer’s power to investigate cognizable case
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Bare Act Text
(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.
Section 175(4) BNSS: Police officer’s power to investigate cognizable case
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Bare Act Text
(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.
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Sources: Bare Act Text, Bharatiya Nagarik Suraksha Sanhita, 2023 · Last updated: 21 Oct 2026 ·