What Is Section 175 Of BNSS?

Section 175 Of Bnss (Bharatiya Nyaya Sanhita Sudhar) Is A Significant Provision In The Criminal Law Framework That Governs Police Powers To Investigate Cognizable Offenses. The Provision Provides The Legal Authority For Police Officers To Investigate Certain Cases Without Waiting For Approval From A Magistrate. In Addition, It Introduces Safeguards For Public Servants And Delegates Investigatory Responsibilities To Ensure Swift Action In Serious Cases. This Section Modernizes The Legal Process, Ensuring An Effective And Fair Investigation Procedure.

What Is Section 175 Of BNSS?

Section 175 Of Bnss Deals With The Powers Of Police Officers To Investigate Cognizable Offenses. A Cognizable Offense Is One Where The Police Have The Authority To Make An Arrest Without A Warrant From A Magistrate. This Means That The Police Can Take Immediate Action Without Seeking Prior Approval From A Magistrate, Which Is Essential For Handling Crimes That Require Swift Intervention.

The Section Outlines The Procedure For Investigation, The Jurisdiction Of Police Stations, And Provisions For Delegation Of Authority. It Also Provides Specific Rules Regarding Investigations Involving Public Servants.

Key Provisions Of Section 175 Of Bnss

1. Section 175(1): Investigation By Police Officer

Power To Investigate Cognizable Offenses: A Police Officer In Charge Of A Police Station Has The Authority To Investigate Any Cognizable Offense Within Their Jurisdiction Without Needing An Order From A Magistrate.
Jurisdiction Of Police Stations: The Police Station's Jurisdiction Is Defined As Being Co-Extensive With That Of The Court, Meaning That The Police Station Can Investigate Any Offense Within The Area Where The Court Has The Authority To Try The Case.
Proviso (Delegation Of Investigation): The Superintendent Of Police (Sp) May Delegate The Investigation Of Certain Cases To The Deputy Superintendent Of Police (Dsp) Based On The Nature And Severity Of The Offense. However, For More Serious Crimes, The SP cannot Delegate The Investigation And Must Personally Oversee The Case.

2. Section 175(2): Validity Of Investigation

Investigation Not To Be Questioned: Any Investigation Conducted By The Police Under This Section Will Not Be Challenged In A Court Of Law Solely Because The Police Officer Did Not Have The Authority To Investigate Under The Provision. This Reinforces The Validity Of Police Investigations In Cognizable Cases.

3. Section 175(3): Magistrate’s Authority For Investigation

Magistrate’s Order: A Magistrate, Empowered Under Section 210 Of Bnss, May Also Order The Police To Investigate A Case. Before Issuing Such An Order, The Magistrate Must Consider A Petition Under Section 173(4), Which Is Supported By An Affidavit And May Require An Inquiry.

4. Section 175(4): Investigation Of Public Servants

Special Investigation Procedures For Public Servants: If A Public Servant Is Accused Of Committing An Offense While Performing Their Official Duties, An Investigation Can Be Initiated Against Them, Even Without Receiving A Formal Complaint. However, This Is Subject To Certain Conditions:
1. The Report On The Case Must Contain Facts And Circumstances From A Superior Officer.
2. The Public Servant’s Explanation Regarding The Incident Must Be Considered Before Initiating The Investigation.

Impact Of Section 175 Of Bnss

1. Power Of Police To Investigate Cognizable Offenses

Section 175 Allows Police Officers To Investigate Cognizable Offenses Swiftly Without Waiting For Judicial Approval. This Is Crucial In Cases Where Immediate Action Is Required To Prevent Further Harm, Such As Violent Crimes, Terrorism, Or Organized Crime.

2. Jurisdiction And Delegation Of Responsibilities

By Granting The Police Station The Authority To Investigate Within The Same Jurisdiction As The Court, Section 175 Ensures That Law Enforcement Can Work Within Their Territorial Boundaries Efficiently. Additionally, The Delegation Of Investigation Responsibilities From The Sp To The Dsp Ensures That Cases Are Handled Promptly. However, For Serious Offenses, The Sp Is Required To Personally Oversee The Investigation, Which Ensures That Critical Cases Receive Adequate Attention.

3. Protection For Public Servants

The Section Also Introduces Important Safeguards For Public Servants. Previously, Public Servants Could Be Investigated On Mere Complaints, Leading To Potential Harassment. Under Section 175, An Investigation Against A Public Servant Can Only Proceed Under Specific Conditions And With The Report Of A Superior Officer, Ensuring That Public Servants Are Protected From Unjust Or Frivolous Allegations During The Course Of Their Official Duties.

4. Clear And Structured Investigative Process

The Section Lays Out A Clear And Structured Process For The Investigation Of Cognizable Offenses, Reducing The Possibility Of Confusion Or Discrepancies In How Investigations Are Conducted. This Contributes To More Transparent And Efficient Criminal Investigations, Helping To Maintain Law And Order.

Conclusion

Section 175 Of Bnss Modernizes The Criminal Investigation Process By Granting Police Officers The Authority To Investigate Cognizable Offenses Without The Need For A Magistrate's Order. The Section Ensures That Investigations Are Carried Out Effectively And Swiftly, Particularly In Serious Cases, And It Offers Additional Protection For Public Servants. With Provisions For Delegating Investigative Authority And Specific Rules For Handling Public Servant Cases, Section 175 Strikes A Balance Between Empowering Law Enforcement And Protecting Individuals' Rights.

This Provision Is Crucial In Ensuring The Speedy Administration Of Justice While Safeguarding Against Potential Misuse Of Power And Protecting Public Servants From Unjust Harassment.

Faqs On Section 175 Of Bnss

Q1: What Is A Cognizable Offense?

A Cognizable Offense Is One Where The Police Have The Authority To Make An Arrest Without A Warrant And Initiate An Investigation On Their Own. These Offenses Are Typically More Serious In Nature, Such As Murder, Rape, Or Theft.

Q2: Can A Police Officer Investigate Any Cognizable Offense Under Section 175?

Yes, A Police Officer In Charge Of A Police Station Can Investigate Any Cognizable Offense Within Their Jurisdiction Without Needing An Order From A Magistrate.

Q3: How Does Section 175 Protect Public Servants?

Section 175 Provides Safeguards For Public Servants By Requiring Investigations Against Them, While Performing Their Official Duties, To Be Based On A Report From A Superior Officer And An Inquiry Into Their Explanation.

Q4: Can The Investigation Of A Cognizable Offense Be Challenged In Court?

No, Under Section 175(2), The Investigation Cannot Be Questioned In Court Solely On The Grounds That The Police Officer Did Not Have The Authority To Investigate The Case Under This Section.

Q5: How Does Section 175 Affect The Jurisdiction Of A Police Station?

The Jurisdiction Of A Police Station Is Co-Extensive With That Of The Court, Meaning That The Police Station Can Investigate Crimes Within The Same Geographical Area Where The Court Has Authority.

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