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Bharatiya Nagarik Suraksha Sanhita, 2023 · Chapter XIII: Information to the Police and Their Powers to Investigate

Section 175: Police officer’s power to investigate cognizable case

Earlier law: CrPC section 156 (Police officer‘s power to investigate cognizable case)

In plain words

The officer in charge of a police station can investigate any cognizable case within the station's area without a Magistrate's order. Given the nature and gravity of the offence, the Superintendent of Police can ask a Deputy Superintendent to investigate.

  • A Magistrate can order an investigation on an application supported by an affidavit, after any inquiry and hearing the police.
  • For a complaint against a public servant about their official duties, the Magistrate can order investigation only after getting a report from the public servant's superior and considering the public servant's account.

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.

Read the in-depth explanation, with key Supreme Court rulings ↓

Official 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.

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.

Understanding this section

Section 175 replaces section 156 of the CrPC: police power to investigate cognizable cases and the Magistrate's power to order investigation. The BNSS writes the Supreme Court's safeguards into sub-section (3) and adds a new protection for public servants.

What changed

  • Proviso to (1): the Superintendent of Police may require a Deputy Superintendent to investigate, considering the nature and gravity of the offence.
  • Sub-section (3): the Magistrate may order investigation only after considering an application supported by an affidavit, making such inquiry as he thinks necessary, and considering the police officer's submissions.
  • Sub-section (4): on a complaint against a public servant arising in the discharge of official duties, the Magistrate may order investigation only after receiving a report from the officer's superior and considering the public servant's version.

Why the change

The affidavit and prior recourse to the police were required by the Supreme Court to stop routine and harassing applications. The BNSS makes these statutory and adds a hearing for the police.

Key Supreme Court rulings

  • Priyanka Srivastava v. State of U.P. (2015) 6 SCC 287

    Decided under section 156(3) of the CrPC. Applications must be supported by an affidavit and preceded by recourse to the police, to deter routine and harassing applications.

  • Om Prakash Ambadkar v. The State of Maharashtra 2025 INSC 139

    Explained that the changes in the BNSS on Magistrate ordered investigation reflect the judicial evolution of section 156(3), including the affidavit requirement.

Common mistakes

  • Filing without an affidavit.
  • Ignoring the special procedure for complaints against public servants.

Read with: Section 173 BNSS, Section 210 BNSS, Section 156 CrPC

Prepared with AI assistance as a study aid. Every ruling listed was checked against the Supreme Court's own judgments on this site, and quoted words appear in those judgments; linked names open the full judgment. Read the judgments themselves before relying on them. Not legal advice.

Supreme Court judgments citing the section 175