Section 174 of BNSS : Section 174: Information as to non-cognizable cases and investigation of such cases.

Explanation using Example

Example 1:

Scenario: Rajesh, a shop owner in Mumbai, finds that his neighbor, Suresh, has been spreading false rumors about his business, causing him financial loss. Rajesh goes to the local police station to file a complaint.

Application of Section 174:

1. Information Entry: The officer in charge of the police station listens to Rajesh's complaint and determines that the offense of defamation (spreading false rumors) is a non-cognizable offense.
2. Record Keeping: The officer enters the substance of Rajesh's complaint into a book as prescribed by the State Government rules.
3. Referral to Magistrate: The officer informs Rajesh that he needs to approach the Magistrate for further action.
4. Daily Diary Report: The officer ensures that this case is included in the daily diary report, which will be forwarded to the Magistrate fortnightly.

Outcome: Rajesh is referred to the Magistrate, who will decide whether to order an investigation into the non-cognizable offense.

Example 2:

Scenario: Priya, a resident of Delhi, reports to the police that her neighbor, Anil, has been playing loud music late at night, disturbing the peace. She also mentions that Anil threatened her when she asked him to lower the volume.

Application of Section 174:

1. Information Entry: The officer in charge of the police station determines that playing loud music is a non-cognizable offense, but the threat made by Anil is a cognizable offense.
2. Record Keeping: The officer enters the details of both the loud music complaint and the threat into the prescribed book.
3. Investigation: Since the case involves both a non-cognizable offense (loud music) and a cognizable offense (threat), the entire case is treated as a cognizable case.
4. Police Action: The police officer can investigate the case without needing a Magistrate's order because it includes a cognizable offense. However, the officer cannot arrest Anil for the non-cognizable offense without a warrant.

Outcome: The police begin an investigation into the threat and the loud music, treating the case as a cognizable offense due to the inclusion of the threat.