Section 174 of THE BHARATIYA NAGARIK SURAKSHA SANHITA, 2023 – BNSS

Information
as to non cognizable
cases and
investigation
of such cases

174. (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.