BNSS Section 175: Police power to investigate a cognizable case (2026)
What Section 175 of the Bharatiya Nagarik Suraksha Sanhita, 2023 says about the police power to investigate a cognizable case, the Magistrate's power to order investigation, and the new safeguards. How it maps to Section 156 of the old CrPC. Last verified October 2026.
Explainer · Criminal Procedure · BNSS
Most criminal cases are driven by the police, not the court. Section 175 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) is the provision that lets the police investigate a cognizable case on their own, and lets a Magistrate order an investigation where needed. Section 175 carries forward Section 156 of the old Code of Criminal Procedure, 1973 (CrPC), and adds some safeguards. It is a procedure provision, so it creates no offence and carries no punishment of its own. This explainer sets out the police power, the Magistrate's power under Section 175(3), what changed, and how it maps to the old law. Last verified October 2026.
- What it is: Section 175 of the BNSS lets the police investigate a cognizable case without a Magistrate's order, and lets a Magistrate order investigation.
- Section 175(3): replaces the old Section 156(3); a Magistrate empowered under Section 210 can order a police investigation.
- New first step: read with Section 173(4), a complainant should usually approach the Superintendent of Police first when the police refuse to register the offence.
- Old section: it carries forward Section 156 of the CrPC, with a new sub-section (4) safeguard for complaints against public servants.
- No punishment: it is a procedure provision, so it has no sentence of its own.
01Why this power matters
A criminal case usually begins with the police investigating, not with a court. For a cognizable offence, the police can investigate without first asking a court. That power is the engine of the whole process, so where it comes from, and what checks it, matters a great deal.
Section 175 is that source. It gives the officer in charge of a police station the power to investigate a cognizable case, and it gives a Magistrate the power to order an investigation where the police do not act. People searching for "section 156 crpc in bnss", or for "156(3)", are looking for this section and its sub-section (3).
Getting this right is basic to criminal practice, because the date and the manner of investigation can decide the fate of a case.
02What Section 175 covers
Section 175 lets the officer in charge of a police station investigate a cognizable case without the order of a Magistrate. In plain terms:
- Police power (sub-section 1): an officer in charge of a police station may investigate any cognizable case without a Magistrate's order, over which a court having jurisdiction in that area would have power to inquire or try.
- No challenge on authority (sub-section 2): no proceeding of a police officer in such a case can be questioned on the ground that the officer was not empowered to investigate.
- Magistrate's power (sub-section 3): a Magistrate empowered under Section 210 may order an investigation.
- New safeguards (sub-section 4): the BNSS adds safeguards, including special protection where the person complained against is a public servant acting in discharge of official duties.
Section 175 lets the police investigate a cognizable offence on their own, and lets a Magistrate step in to order an investigation where they do not.
Section 175 is a procedure provision. It creates no offence and has no sentence of its own.
03Section 175(3): the Magistrate can order investigation
Section 175(3) replaces the old Section 156(3) of the CrPC and lets a Magistrate empowered under Section 210 order a police investigation. This is the route a complainant uses when the police will not register or investigate a cognizable offence.
The Supreme Court's long standing position carries over. The power can be used only by a Magistrate who is empowered to take cognizance of the offence, and the guidance the courts built up on when to use the power still applies, because the section is silent on that.
A new first step before 175(3)
A key addition is that, read with Section 173(4), a complainant must usually first approach the Superintendent of Police when the officer in charge refuses to register a cognizable offence, before moving the Magistrate under Section 175(3). Courts have also reiterated that a Magistrate is not bound to order registration of an FIR in every complaint that discloses a cognizable offence, and may instead treat it as a complaint.
04Old law to new law: CrPC 156
Section 175 of the BNSS carries forward Section 156 of the old CrPC, with modified sub-sections and a new sub-section (4).
| Subject | Old law (CrPC, 1973) | New law (BNSS, 2023) |
|---|---|---|
| Police power to investigate a cognizable case | Section 156(1) | Section 175(1) |
| No challenge on authority to investigate | Section 156(2) | Section 175(2) |
| Magistrate's power to order investigation | Section 156(3) | Section 175(3) |
| Safeguard for complaints against a public servant | No equivalent | Section 175(4), new |
So an advocate who knows Section 156, and especially 156(3), will recognise the framework. The number and some of the detail changed, but the three routes are the same.
05What changed from the old law
In substance, Section 175 keeps the old framework. The real changes are the number and a few added safeguards.
- Same framework: police may investigate a cognizable case, and a Magistrate may order investigation under what is now Section 175(3).
- Step before 175(3): read with Section 173(4), a complainant is usually expected to approach the Superintendent of Police first when the officer in charge refuses to register the offence.
- Public servant safeguard: the new sub-section (4) adds protection where the complaint is against a public servant acting in official duty.
For how a case begins and is produced in court, read Section 175 with the 24 hour detention limit under Section 58 and the investigation steps that follow in the power to require attendance of witnesses under Section 179.
06Where Claw fits
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
An application under Section 175(3), and any challenge to it, is won on precedent. Claw searches more than 30 crore judgments and returns them in under five seconds, so you can assemble the authorities on an order to investigate, on the duty to first approach the Superintendent of Police, and on when a Magistrate should decline. It also tracks cases, orders and hearings across 9,102 courts, benches and forums, letting you follow a matter by party or advocate name from the first investigation step through to trial. Register for a free Claw account to run these searches on your own 175(3) applications. Research across every court starts at the case search across Indian courts hub.
Claw is a research and tracking tool, not a replacement for legal advice, and customer case documents are never used to train its AI models.
07Sources and further reading
- India Code (official text of the BNSS, 2023): indiacode.nic.in
- Ministry of Home Affairs (new criminal laws): mha.gov.in
- Section 175(3) BNSS analysis (commentary): scconline.com
- Claw: clawlaw.in
This explainer is general information, not legal advice. The law changes through amendments and judgments, so check the current text of Section 175 and take advice from counsel before you act.
08Frequently asked questions
What is Section 175 of the BNSS?
Section 175 of the Bharatiya Nagarik Suraksha Sanhita, 2023 lets the officer in charge of a police station investigate a cognizable case without a Magistrate's order, and lets a Magistrate empowered under Section 210 order such an investigation. It carries forward Section 156 of the CrPC.
What is Section 175(3) BNSS?
Section 175(3) is the provision that lets a Magistrate order a police investigation. It replaces Section 156(3) of the CrPC. It is the route a complainant uses when the police will not register or investigate a cognizable offence.
Do I need to approach the Superintendent of Police before Section 175(3)?
Usually yes. Read with Section 173(4), a complainant is generally expected to first approach the Superintendent of Police when the officer in charge refuses to register a cognizable offence, before moving the Magistrate under Section 175(3). Confirm the current practice for your court.
Is a Magistrate bound to order an FIR under Section 175(3)?
No. Courts have held that a Magistrate is not bound to order registration of an FIR in every complaint that discloses a cognizable offence. The same principles that applied to Section 156(3) of the CrPC continue to apply, and the Magistrate may instead treat the application as a complaint.
Does Section 175 carry any punishment?
No. Section 175 is a procedure provision, not an offence. It has no sentence of its own. Whether the offence investigated is cognizable or bailable depends on the offence itself.
Can I track an investigation case under Section 175 in Claw?
Yes. A free Claw account lets you follow a Section 175 matter across 9,102 courts, benches and forums by party or advocate name, and search more than 30 crore judgments in under five seconds on Section 175 and 175(3) points. Claw does not give legal advice.