BNSS 175 — Police officer’s power to investigate cognizable case.

Bharatiya Nagarik Suraksha Sanhita, 2023

Statutory 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.

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