Section 175 of BNSS : Section 175: Police officer's power to investigate cognizable case.

Explanation using Example

Example 1:

Scenario: A Theft in a Local Market

Ravi, a shopkeeper in a local market in Delhi, reports a theft at his shop to the local police station. The officer in charge, Inspector Sharma, receives the complaint and decides to investigate the case immediately without waiting for a Magistrate's order, as theft is a cognizable offense.

Application of Section 175:

• Inspector Sharma, being the officer in charge, has the authority to investigate the theft directly.
• Considering the nature of the theft, if the Superintendent of Police (SP) deems it necessary, he may instruct the Deputy Superintendent of Police (DSP) to take over the investigation due to the gravity of the case.
• Any actions taken by Inspector Sharma during the investigation cannot be questioned on the grounds that he was not empowered to investigate the case.

Example 2:

Scenario: Allegation of Corruption Against a Public Servant

An NGO files a complaint against Mr. Verma, a government officer, alleging corruption during the execution of a public project. The complaint is submitted to the local Magistrate.

Application of Section 175:

• The Magistrate, empowered under section 210, reviews the complaint and the affidavit provided by the NGO.
• The Magistrate orders an investigation into the allegations after considering the facts and circumstances presented by the police officer.
• The Magistrate also requires a report from Mr. Verma's superior officer detailing the incident.
• Mr. Verma is given an opportunity to present his side of the story, explaining the situation that led to the alleged incident.
• Based on the information and assertions from both sides, the Magistrate decides whether to proceed with the investigation.

Example 3:

Scenario: Assault in a Residential Area

A resident of a housing society in Mumbai reports an assault incident to the local police station. Sub-Inspector Mehta, the officer in charge, starts the investigation immediately as assault is a cognizable offense.

Application of Section 175:

• Sub-Inspector Mehta has the authority to investigate the assault without needing a Magistrate's order.
• If the SP considers the assault to be of a serious nature, he may direct the DSP to handle the investigation.
• Any procedural actions taken by Sub-Inspector Mehta during the investigation cannot be challenged on the basis that he was not authorized to investigate the case.

Example 4:

Scenario: Complaint Against a Police Officer

A citizen files a complaint against a police officer, alleging misconduct during a routine check. The complaint is submitted to the local Magistrate.

Application of Section 175:

• The Magistrate, empowered under section 210, examines the complaint and the supporting affidavit.
• The Magistrate orders an investigation into the alleged misconduct after considering the police officer's report on the incident.
• The police officer involved is allowed to present his explanation regarding the situation that led to the complaint.
• The Magistrate, after reviewing all the information, decides whether to proceed with the investigation.