Section 155 CrPC: Information as to non-cognizable cases and investigation of such cases

Code of Criminal Procedure, 1973

Section 155 CrPC at a Glance

Section 155 CrPC deals with information as to non-cognizable cases and investigation of such cases. From 1 July 2024 it is replaced by Section 174 BNSS.

Now BNSS

Section 174 →

What Section 155 CrPC Says

155. Information as to non-cognizable cases and investigation of such cases

(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 prescribe in this behalf, and refer the informant 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 155, Code of Criminal Procedure, 1973

Section 155 CrPC in Simple Words

Section 155 of the Code of Criminal Procedure, 1973 deals with information about non-cognizable offences and with the investigation of such cases. Under Section 155(1) CrPC, 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.

The officer shall also refer the informant to the Magistrate. Under Section 155(2) CrPC, 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 155(3) CrPC, 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 155(4) CrPC, 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 155 CrPC 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 prescribe in this behalf, and refer the informant to the Magistrate.
  • 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.

Example of Section 155 CrPC

Ramesh informs Inspector Vikram, the officer in charge of a police station, that Suresh has committed a non-cognizable offence within the limits of that station. Under Section 155(1) CrPC, Inspector Vikram shall enter or cause to be entered the substance of the information in the book kept in the form the State Government may prescribe, and refer Ramesh to the Magistrate. Under Section 155(2) CrPC, Inspector Vikram shall not investigate the case without the order of a Magistrate having power to try the case or commit the case for trial.

When Section 155 CrPC Does Not Apply

  • Section 155(1) CrPC 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 and the reference of the informant to the Magistrate are required for an offence committed outside the limits of that station.
  • Section 155(2) CrPC 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 155(3) CrPC 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 155(4) CrPC 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 155 CrPC Under BNSS 174: What Changed

Section 155 CrPC is now covered under Section 174 BNSS.

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.

View detailed comparison (CrPC 155 vs BNSS 174) →

FAQs on Section 155 CrPC

What must the officer in charge of a police station do on information of a non-cognizable offence under Section 155 CrPC?▼

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 155(1) of the Code of Criminal Procedure, 1973 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 prescribe in this behalf, and refer the informant to the Magistrate.

May a police officer investigate a non-cognizable case under Section 155 CrPC?▼

Section 155(2) CrPC 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 155(3) CrPC, 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 155(4) CrPC 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 155(4) CrPC provides that the case shall be deemed to be a cognizable case, notwithstanding that the other offences are non-cognizable.

Where is Section 155 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023?▼

From 1 July 2024, Section 155(1) CrPC maps to Section 174(1) BNSS, Section 155(2) CrPC maps to Section 174(2) BNSS, Section 155(3) CrPC maps to Section 174(3) BNSS, and Section 155(4) CrPC maps to Section 174(4) BNSS.

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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 26 Oct 2026 ·