Introduction to Section 174 BNSS
Section 174 BNSS ensures that minor or non-cognizable crimes are handled carefully and fairly. It prevents misuse of police powers in small offences and makes sure that a Magistrate checks whether the investigation should proceed. It promotes a balance between justice and protection of citizens’ rights, especially in minor legal disputes.
What is BNSS Section 174 ?
BNSS Section 174 of the Bharatiya Nagarik Suraksha Sanhita, 2023 deals with how police officers handle non-cognizable offences—these are less serious crimes where police cannot arrest without permission from the Magistrate. This section explains the process of recording such complaints, how investigations are approved, and what the police can do after getting permission.
BNSS Section of 174 in Simple Points
1. Recording Non-Cognizable Offence Complaints
When someone approaches a police station with a non-cognizable offence complaint, the officer must record the details in a special register. This helps maintain transparency and prevents any misuse. The police officer must also guide the complainant to approach the Magistrate, who has the authority to allow investigation.
2. Magistrate’s Permission is Mandatory
Police cannot start investigating a non-cognizable case without the order of a Magistrate. This rule prevents misuse of police power in minor cases and ensures judicial oversight. Only the Magistrate has the power to approve investigation or trial for such offences.
3. No Arrest Without Warrant
Even after receiving permission from the Magistrate, the police cannot arrest any person in a non-cognizable case without getting a warrant. This protects individual rights and avoids unnecessary police harassment. The powers are limited compared to those in cognizable cases.
4. Police Can Investigate After Approval
Once the Magistrate grants permission, the police officer can investigate the case like a regular cognizable case—except arrest without warrant. This means the officer can collect evidence, question people, and prepare the report, ensuring justice is done.
5. Cognizable + Non-Cognizable = Cognizable Case
If a case involves both types of offences, and at least one offence is cognizable, then the police can treat the whole case as cognizable. This simplifies the legal process, avoids delays, and gives the police full power to act immediately under regular procedures.
Section 174 of BNSS Overview
BNSS Section 174 explains how police must record and report non-cognizable offences. They cannot investigate such cases without Magistrate’s approval. If the case involves both cognizable and non-cognizable offences, the whole case is treated as cognizable to avoid delay and confusion.
BNSS Section 174 – 10 Key Points
1. Recording the Information in Non-Cognizable Offences
When a person reports a non-cognizable offence, the police officer in charge must enter the substance of the information in a special record book. This book is maintained according to the format prescribed by the State Government. This ensures transparency and acts as a permanent record for accountability. The entry includes important details like the name of the complainant, nature of the offence, and date/time. This is the first step in legally documenting the complaint. Without this entry, the complaint holds no legal weight. Hence, it is mandatory.
2. Referral to Magistrate for Action
After recording the non-cognizable offence, the police must refer the complainant to the Magistrate. This is because, under BNSS Section 174, police cannot proceed with investigation on their own. The Magistrate is the authority who decides whether the case needs investigation. This protects citizens from unwanted police actions in minor matters. It also provides a fair judicial check before the law enforcement system acts. The Magistrate’s order becomes the foundation for any further action by the police.
3. Sending Regular Diary Reports to Magistrate
The police must send a fortnightly report (every two weeks) of all non-cognizable cases to the Magistrate. This report is called a daily diary report and includes summaries of all such complaints. This keeps the judicial authority informed about ongoing issues in the area. It also allows the Magistrate to keep track of patterns of offences and act proactively. This reporting structure ensures no case goes unnoticed. It promotes judicial transparency and accountability.
4. No Investigation Without Magistrate’s Permission
One of the core rules of BNSS Section 174 is that no police officer can investigate a non-cognizable offence without permission. This means police must approach the Magistrate with a request. Only after receiving written approval can they begin the investigation process. This rule exists to protect citizens from misuse of police power in trivial matters. It prevents unnecessary interference by the police. This control mechanism is a pillar of fair legal procedures.
5. Limited Police Powers After Permission
Even when permission is granted, the powers of the police remain limited in non-cognizable cases. Most importantly, the police cannot arrest any person without a warrant. They can, however, conduct searches, collect evidence, and interrogate witnesses. This balance protects the rights of the accused. It also ensures that necessary actions can be taken to investigate the truth. BNSS 174 draws a line between control and action.
6. Combining Offences: Mixed Nature Treated as Cognizable
Sometimes a case may involve both cognizable and non-cognizable offences. According to BNSS Section 174(4), if even one offence is cognizable, the entire case is treated as cognizable. This simplifies investigation, as the police can proceed without waiting for any Magistrate’s order. It avoids delays and makes the legal process faster. This clause is important for dealing with complicated crimes. It gives police the flexibility needed in such mixed scenarios.
7. Protecting the Rights of Citizens
BNSS 174 provides strong safeguards against police overreach. It ensures that people are not harassed or arrested in small cases like verbal abuse or public nuisance. By requiring Magistrate’s approval and banning arrest without a warrant, it protects citizens’ liberty. It especially helps in civil or family disputes that may not require immediate police action. It ensures that justice is delivered through the proper legal process, not force.
8. Importance of Magistrate’s Supervision
The Magistrate plays a central role under BNSS 174. All actions in a non-cognizable case—whether investigation or arrest—must be cleared by the Magistrate first. This judicial supervision maintains the fairness of the system. It stops wrongful investigations from beginning. It also ensures the Magistrate can dismiss baseless or petty complaints. Hence, the section strengthens the connection between policing and the judiciary.
9. Clarity in Procedure for Police
BNSS 174 provides clear, step-by-step guidelines for police officers. It avoids confusion on how to deal with non-cognizable offences. Officers know exactly when to record, when to refer, and when they can act. This improves the professionalism of the police force. It also builds public trust, knowing that officers cannot act randomly. Clear procedure ensures smooth functioning of the criminal justice system.
10. Encourages Responsible Complaining
This section also encourages people to file complaints responsibly. Since the Magistrate’s approval is needed, complainants must provide valid reasons. It helps reduce false or frivolous cases. People are more careful before filing a non-cognizable case. This, in turn, helps reduce the load on courts and police stations. BNSS 174 creates a disciplined system for handling minor legal complaints.
Example 1:
A man files a complaint of public nuisance against his neighbor. Since it’s a non-cognizable offence, the police record the complaint and direct him to approach the Magistrate. The Magistrate later gives permission to the police to begin the investigation.
Example 2:
A person is accused of cheating (cognizable) and criminal intimidation (non-cognizable). Since one of the offences is cognizable, the entire case is treated as cognizable, and the police begin investigation immediately without waiting for Magistrate’s order.
Section 174 of BNSS Short Information
| Key Point | Description |
|---|---|
| 1. Record Complaint | Police must record the details of a non-cognizable offence. |
| 2. Magistrate Referral | Complainant is referred to Magistrate for permission to investigate. |
| 3. No Arrest Without Warrant | Police cannot arrest in non-cognizable cases without a warrant. |
| 4. Investigation Only After Approval | Police can investigate after Magistrate’s written order. |
| 5. Cognizable Supremacy | If one offence is cognizable, whole case becomes cognizable. |
Why BNSS 174 is Needed ?
BNSS Section 174 is important to prevent unnecessary police interference in petty or non-serious matters. It ensures that a Magistrate oversees such cases, giving the process judicial credibility and fairness. This section protects ordinary citizens from harassment in cases like defamation, public nuisance, etc., where arrest without warrant is not allowed. At the same time, it maintains proper documentation and gives the police limited powers to act when authorized. It strengthens checks and balances between police action and citizens’ rights.
BNSS Section 174 FAQs
BNSS 174
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