Bharatiya Nagarik Suraksha Sanhita, 2023 · Chapter XIII: Information to the Police and Their Powers to Investigate
Section 174: Information as to non-cognizable cases and investigation of such cases
In plain words
For a non-cognizable offence, the station officer records the substance of the information, refers the informant to the Magistrate, and sends the daily diary of such cases to the Magistrate every fortnight. The police cannot investigate a non-cognizable case without a Magistrate's order.
- With such an order, the police have the same investigation powers as in a cognizable case, except arrest without warrant.
- If a case involves several offences and at least one is cognizable, the whole case is treated as cognizable.
A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.
Official 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.
Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.
Source: India Code (indiacode.gov.in), the consolidated text published by the Legislative Department, Government of India. Text as updated on India Code on 12 September 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the section 174
No Supreme Court judgment in our database cites this section yet.