Power To Investigate Of Cognizable Offence Under BNSS
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| Power To Investigate Of Cognizable Offence Under 173 and 175(3) BNSS |
Power To Investigate Of Cognizable Offence Under BNSS
If
any person is aggrieved by a refusal to lodge a complaint about a cognizable
offence, In such cases, the aggrieved may send such information in writing and
by post to the concerned Superintendent of police who, on being satisfied that
such information discloses a cognizable offence, shall either investigate the
case himself or direct any police officer subordinate to him to investigate the
same. If the officer in charge of the police station fails to act, then the
aggrieved person may make an application to the magistrate under section 173(4)
of the BNSS. Power To Investigate Of Cognizable Offence Under BNSS.
If an officer in charge or higher officer refuses to information about cognizable offence or refuses to lodge a complaint against a public servant, the aggrieved person as such cases may approach to seek remedy to the magistrate under section 175(4) of the BNSS wherein the Magistrate has the power to order an inquiry against a public servant, subject to-
a. A report has been received from an officer superior to him regarding the facts and circumstances of the incident.
b. After considering the statements made by the public servant regarding the circumstances giving rise to the alleged incident.
The
High Court of Allahabad held that there is no obligatory requirement to secure
prior sanction for institution of FIR and subsequent investigation, even
against public servant as per the mandate of Section 197 of the CrPC, it shall
equally apply to the person charged under the passport Act, 1967. When obtaining
sanction is a prerequisite for initiating legal proceedings, it must be secured
at the stage of presentation of charge sheet before the magistrate and taking
of the cognizance thereupon. Case Title:
- Ranjeet vs. State of U.P 2024 AHC.
Information in Cognizable Cases:
A
Person can give any information relating to the commission of cognizable
offence, may be orally or by electronic communication to an officer in charge
under section 173 of the BNSS.
After
record the complaint a free copy of the compliant must be given to the
informant or victim.
Preliminary Inquiry
If
any information relating to the commission of cognizable offence is punishable
for 3 year or more but less than 7 year, on receiving such information the officer
in charge must to take prior permission from the Deputy Superintendent of
police (DSP) or higher officer. The officer in charge may:
Preliminary enquiry to be conducted within 14 days, proceed
with investigation if a prima facie case exists.
In a significant judgment, in the matter of Lalita Kumari
vs. Government of UP 2013 SCC the Supreme Court held that Registration of
FIR is mandatory under section 154 of the Code, if the information discloses
commission of an cognizable offence.
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| Power To Investigate Of Cognizable Offence Under BNSS |
Power to investigate cognizable offences u/s 175(3)/ 156(3)
According to Section156(3) of the CrPC, the magistrate has
power to order the police to investigate a cognizable offence on received of a
complaint or information, even of the police have not yet filed an FIR.
According to Bharatiya Nagarik Suraksha Sanhita, 2023(BNSS), any
Magistrate may order an investigation after considering the application
supported by an affidavit made under section 173(4), and after making such
inquiry as he thinks necessary and submission made in this regard by the police
officer.
It also states that if the officer in charge of the police station
refuses to register an FIR, then such a person must apply to the Superintendent
of police before approaching the magistrate under section 175(3) of BNSS.
In a significant judgment, the Supreme Court in the matter of
Om Prakash Ambadkar vs. State of Maharashtra on 16 January 2025 held
that requires the Magistrate to consider the submissions made by the concerned
police officer before proceeding to issue directions under section 175(3) of
BNSS. It is further submitted that the Magistrate applies his mind judicially while
considering both the complaint and the submission of the police officer.
i.
Application supported
by an Affidavit under section 173(4) of
BNSS
ii.
Consideration compliant
and inquiry
iii.
Order an Investigation
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