section 174
Information as to non-cognizable cases and investigation of such cases.
The Bharatiya Nagarik Suraksha Sanhita, 2023Criminal2023531 sections39 chapters
Chapter XIII INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE
Statutory 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.
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