BNSS Section 174 — Information as to non-cognizable cases and investigation of such cases

CHAPTER XIII INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE

Criminal

Summary

When someone reports a non-cognizable offence (a less serious crime where police cannot arrest without a warrant) at a police station, the officer in charge must record the key details in a special register and then tell the informant to go to a Magistrate, and also send a report of such cases every two weeks to the Magistrate. Police officers cannot investigate a non-cognizable case unless a Magistrate who has the authority to try that case gives them permission. If the Magistrate gives such permission, the police officer can investigate using most of the same powers they have for a cognizable case, except they cannot arrest anyone without a warrant. If a case involves multiple offences and at least one of them is cognizable, the entire case is treated as a cognizable case, even if the other offences are non-cognizable.

Official 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.

Related Judgments

  • SC (2025) Vol.5 p.730 — Supreme Court of India (2025)
  • SC (2025) Vol.6 p.545 — Supreme Court of India (2025)
  • SC (2024) Vol.7 p.979 — Supreme Court of India (2024)
  • SC (2025) Vol.1 p.1469 — Supreme Court of India (2025)
  • SC (2025) Vol.3 p.1309 — Supreme Court of India (2025)
  • SC (2025) Vol.8 p.785 — Supreme Court of India (2025)
  • SC (2025) Vol.11 p.291 — Supreme Court of India (2025)
  • SC (2025) Vol.2 p.1588 — Supreme Court of India (2025)

Old <-> New Code Mapping

  • CrPC §155 — Information as to non-cognizable cases and investigation of such cases