Section 156 CrPC and Section 175 BNSS: Police Power to Investigate Cognizable Cases

Section 156 of the Code of Criminal Procedure, 1973 governed police investigation of cognizable offences without prior permission of a Magistrate. From 1 July 2024, the corresponding provision is Section 175 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), subject to the applicable transitional and savings provisions.

What is a cognizable offence?

Under Section 2(1)(g) BNSS, a cognizable offence is an offence for which a police officer may arrest without warrant in accordance with the First Schedule or another applicable law. A cognizable case is a case involving such an offence. The power to investigate without a Magistrate's order does not mean that arrest is automatic or that statutory arrest safeguards can be disregarded.

Section 156 CrPC: Meaning and provisions

Section 156(1): Investigation without Magistrate order

The officer in charge of a police station could investigate a cognizable case without obtaining an order from a Magistrate where the competent local court could inquire into or try the case under Chapter XIII CrPC.

Section 156(2): Challenge based on investigating officer's authority

Police proceedings could not be questioned merely on the ground that the officer was not empowered under Section 156 to investigate the case. This did not provide immunity for every other procedural illegality.

Section 156(3): Magistrate's direction to investigate

A Magistrate empowered under Section 190 CrPC could order an investigation of the kind described in Section 156(1). This provision was frequently invoked where a complainant sought judicial intervention for police investigation.

Section 175 BNSS: Current law on investigation

Section 175(1): Police authority and supervision

The officer in charge may investigate a cognizable case without a Magistrate's order where a court with local jurisdiction could inquire into or try it under Chapter XIV BNSS. The proviso permits the Superintendent of Police, considering the nature and gravity of the offence, to require a Deputy Superintendent of Police to investigate the case.

Section 175(2): Protection of investigation from limited jurisdictional objections

An investigation is not liable to be questioned solely on the ground that the police officer lacked the authority contemplated by this section. Other legal requirements and judicial remedies remain applicable.

Section 175(3): Magistrate-directed investigation

A Magistrate empowered under Section 210 BNSS may order investigation after considering an application supported by an affidavit as contemplated under Section 173(4), conducting such inquiry as considered necessary and considering the police officer's submission. An order is therefore not automatic merely because an application is filed.

Section 175(4): Complaints against public servants

Where a complaint concerns a public servant's conduct arising in the course of official duties, the Magistrate may order investigation subject to receiving a report about the incident from the public servant's superior officer and considering the public servant's assertions about the circumstances. This is a distinct statutory safeguard and must be read with other applicable provisions on sanction and prosecution.

What to do if police refuse to register a cognizable complaint

1. Provide information about the alleged cognizable offence to the officer in charge of a police station under Section 173 BNSS.
2. If registration is refused, send the substance of the information in writing and by post to the Superintendent of Police under Section 173(4).
3. If the statutory police remedy does not resolve the matter, consider an application before the competent Magistrate under Section 175(3), supported by an affidavit and the relevant documents.

Section 173(3) also permits a specified preliminary inquiry, with prior approval of an officer not below Deputy Superintendent of Police, for qualifying offences punishable with imprisonment of three years or more but less than seven years. The statutory conditions and fourteen-day inquiry period should be checked in the individual case.

Maharashtra amendment to former Section 156 CrPC

Maharashtra Act 33 of 2016 added provisos to former Section 156(3) CrPC concerning prior sanction for investigations directed against public servants for acts done or purportedly done in official duties, together with a ninety-day decision period and a deemed-sanction provision. This is a historical state amendment to the former CrPC; it should not be treated as automatically incorporated into Section 175 BNSS. Its relevance to a particular matter depends on the applicable law, commencement, savings provisions and any valid state-specific enactments.

Does Section 156 CrPC still apply?

The BNSS replaced the CrPC from 1 July 2024. However, Section 531 BNSS contains repeal and savings provisions relevant to pending appeals, applications, trials, inquiries and investigations. Accordingly, the applicable procedural regime must be determined from the timing and procedural status of the particular case rather than assuming every older proceeding automatically falls under BNSS.

Official statutory references

• India Code - official central legislation database (search for Bharatiya Nagarik Suraksha Sanhita, 2023, Act 46 of 2023).
• Bureau of Police Research and Development - New Criminal Laws.
• BPR&D - BNSS explanatory reference PDF.

Frequently asked questions

Legal note: This article is general legal information, not a substitute for advice on a specific FIR, complaint or pending proceeding. Check the latest official text and relevant state law before filing.