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Indian criminal procedure | Updated 17 October 2026

Section 155 CrPC and Section 174 BNSS: Information and Investigation of Non-Cognizable Cases

Section 155 of the Code of Criminal Procedure, 1973 governed the recording and investigation of non-cognizable offences. Its corresponding provision under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is Section 174, in force from 1 July 2024.

Current legal position: Section 174 BNSS generally governs cases under the new criminal procedure law. Section 155 CrPC remains relevant to proceedings governed by the saving and transitional provisions, including Section 531 BNSS. The applicable law depends on the facts and procedural history.

What is a non-cognizable offence?

Under Section 2(1)(o) BNSS, a non-cognizable offence is an offence for which, and a non-cognizable case is a case in which, a police officer has no authority to arrest without warrant. The corresponding former definition appeared in Section 2(l) CrPC. Classification of offences must be checked against the applicable First Schedule and any special law.

A cognizable offence, defined in Section 2(1)(g) BNSS (formerly Section 2(c) CrPC), is one for which a police officer may arrest without warrant in accordance with the First Schedule or another law. The power to arrest is nevertheless subject to other statutory safeguards.

Section 155 CrPC, 1973: The four legal rules

Section 155(1): Recording information

When information about a non-cognizable offence committed within the police station limits was given to its officer in charge, the officer had to enter or cause to be entered the substance of that information in the prescribed book and refer the informant to the Magistrate.

Section 155(2): Magistrate's order before investigation

A police officer could not investigate a non-cognizable case without an order of a Magistrate empowered to try the case or commit it for trial.

Section 155(3): Investigation powers and arrest restriction

After receiving the Magistrate's order, the investigating officer could exercise the investigation powers available in a cognizable case, except the power to arrest without warrant.

Section 155(4): Cases involving multiple offences

Where a case involved two or more offences and at least one was cognizable, the entire case was deemed cognizable, even though other offences were non-cognizable.

Section 174 BNSS, 2023: Current provision

Section 174 retains the essential framework of former Section 155 CrPC, with an additional reporting obligation:

  1. Section 174(1): The officer in charge must record the substance of information about a non-cognizable offence within the police station limits in the prescribed book, refer the informant to the Magistrate and forward the daily diary report of all such cases fortnightly to the Magistrate.
  2. Section 174(2): Police cannot investigate a non-cognizable case without an order from a Magistrate competent to try the case or commit it for trial.
  3. Section 174(3): Once authorised, police may exercise the investigation powers applicable to cognizable cases, except arrest without warrant.
  4. Section 174(4): A case involving multiple offences is deemed cognizable if at least one of them is cognizable.

These provisions are contained in Chapter XIII of the BNSS, dealing with information to the police and their powers to investigate.

How to report a non-cognizable offence

  1. Give information to the police: Explain the incident, date, place, persons involved and available supporting material.
  2. Request an entry: The police station must record information covered by Section 174(1) in the prescribed manner. State rules may regulate the register and reporting format.
  3. Approach the competent Magistrate: For police investigation of a purely non-cognizable case, a Magistrate's order is required under Section 174(2).
  4. Investigation after authorisation: The police may investigate pursuant to the order but do not thereby gain authority to arrest without warrant.
  5. Check mixed-offence cases: If the same case includes a cognizable offence, Section 174(4) applies and the case is treated as cognizable.

A non-cognizable report is not automatically equivalent to an FIR for a cognizable offence. Whether a particular allegation is cognizable depends on the relevant offence and statutory classification.

What changed when Section 155 CrPC became Section 174 BNSS?

The most important express addition is Section 174(1)(ii), requiring the police to forward the daily diary report of non-cognizable cases fortnightly to the Magistrate. The rules on obtaining a Magistrate's order, limits on warrantless arrest and mixed cognizable cases remain substantially the same. State-specific rules may prescribe how non-cognizable information is recorded.

Frequently asked questions

Can police investigate a non-cognizable offence without a Magistrate's order?

Ordinarily no. Section 174(2) BNSS requires an order from the competent Magistrate for investigation of a purely non-cognizable case. Section 174(4) addresses cases containing at least one cognizable offence.

Can police arrest without warrant after obtaining permission to investigate?

No. Section 174(3) expressly excludes the power to arrest without warrant merely by virtue of the investigation order.

Does Section 155 CrPC still apply after 1 July 2024?

The BNSS replaced the CrPC from 1 July 2024, subject to its repeal and saving provisions in Section 531. The old section can remain relevant to proceedings covered by those savings and to interpretation of earlier law.

What happens when both cognizable and non-cognizable offences are alleged?

Under Section 174(4), if at least one offence in the case is cognizable, the case is deemed cognizable. The classification must rest on the offences actually disclosed by the allegations.

Official legislation and further reading

This article provides general legal information and does not replace advice on the facts of a particular case.