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

BNSS

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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.
  • ...

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