The police are the first point of contact between the criminal justice system and the citizen. Under the BNSS, the police function as investigators, preventers of crime, and maintainers of public order. Their cognizance of offences (coming to know of offences) triggers the procedural machinery. The police do not "take cognizance" in the judicial sense; that power belongs to the Magistrate (S.210). Police come to know of offences through information (FIR), their own knowledge, or direction by the Magistrate.
Legal Framework
| Provision | Subject |
|---|---|
| S.173 BNSS (formerly S.154 CrPC) | Information in cognizable cases (FIR) |
| S.174 BNSS (formerly S.154 CrPC) | Information by electronic communication |
| S.175 BNSS (formerly S.155 CrPC) | Information in non-cognizable cases (NCR) |
| S.176 BNSS (formerly S.157 CrPC) | Investigation procedure |
| S.177 BNSS (formerly S.157 CrPC) | Officer in charge of investigation |
| S.148-172 | Preventive action of police |
| S.35-62 | Arrest powers |
Why: Police cognizance is the gateway to the criminal justice process. Without police coming to know of an offence, no investigation begins, no charge sheet is filed, and no trial is triggered. The quality of initial police response determines the quality of the entire subsequent process.
How Police Come to Know of Offences
| Source | Section | Nature |
|---|---|---|
| Information by complainant (FIR) | S.173 | Written/oral/electronic |
| Own knowledge (suo motu) | S.176 | Police officer's personal observation |
| Direction by Magistrate | S.175(2) | Order for non-cognizable offence |
| Information by other sources | S.174 | Electronic means, telephonic |
| Through registered informant | General powers | Intelligence-based |
Role of Police under BNSS
Investigative Role:
| Function | Provision |
|---|---|
| Register FIR | S.173 (mandatory for cognizable) |
| Investigate cognizable offences | S.176 (suo motu power) |
| Visit crime scene | S.176 (mandatory forensic for 7+ year offences) |
| Examine witnesses | S.180 (record statements) |
| Arrest accused | S.35-62 (with/without warrant) |
| Search and seizure | S.185 (videography mandatory) |
| File charge sheet | S.193 (within 90/180 days) |
| File closure report | S.193 (if evidence insufficient) |
Preventive Role:
| Function | Provision |
|---|---|
| Prevent cognizable offences | S.148-150 |
| Disperse unlawful assemblies | S.163 |
| Prevent public nuisance | S.164-172 |
| Arrest to prevent cognizable offence | S.35(3) |
| Maintain public order | General duty |
Limitations on Police Power:
| Limitation | Source |
|---|---|
| Cannot try or punish | Separation of powers |
| Cannot investigate non-cognizable without Magistrate order | S.175(2) |
| Must produce arrested person within 24 hours | S.58, Art.22(2) |
| Cannot use third-degree methods | Art.21, D.K. Basu guidelines |
| Must inform grounds of arrest | S.47, Art.22(1) |
| Must comply with S.35 conditions before arrest | Arnesh Kumar guidelines |
Police Accountability Mechanisms
| Mechanism | Provision/Source |
|---|---|
| Mandatory FIR registration | S.173 (Lalita Kumari) |
| Copy of FIR to informant | S.173(1) proviso |
| Duty to inform Magistrate | S.173(4): every FIR forwarded forthwith |
| Videography of search | S.185: mandatory recording |
| Arrest memo | S.37: written memo of arrest |
| Medical examination | S.51: examination of arrested person |
| Judicial oversight | Magistrate supervises investigation via remand hearings |
Illustrations
-
- FIR (S.173): Priya walks into the police station and says "my gold chain was snatched 10 minutes ago on MG Road." The SHO records this FIR is born. Investigation begins automatically. 2. Own knowledge: A beat constable patrolling at night sees two men breaking open a shop shutter. No one has "informed" him he has witnessed it himself. He can act immediately. 3. Magistrate's direction (S.175(3)): Rakesh mails a complaint to the Superintendent about an illegal sand mine. The SP does nothing. Rakesh approaches the Magistrate under S.175(3), who directs the SHO to register FIR and investigate. Each route has different implications for timing, accountability, and the IO's initial steps.
Recall Check
- Can police investigate a non-cognizable offence on their own?
- What is the timeline for filing a charge sheet under S.193?
- Name three limitations on police power during investigation.
Key Cases
Lalita Kumari v. State of UP (2014) Lalita-Kumari-v-State-of-UP-2014 Issue: Whether FIR registration is mandatory upon receiving information of a cognizable offence. Rule: S.154 CrPC (now S.173 BNSS): "shall" means mandatory; no discretion to refuse registration. Held: If information discloses cognizable offence, FIR must be registered. Preliminary inquiry (max 7 days) permissible only where information is vague and does not clearly disclose cognizable offence. Non-registration of FIR is an offence under S.166A CrPC.
Prakash Singh v. Union of India (2006) Prakash-Singh-v-Union-of-India-2006 Issue: What reforms are needed for police functioning in India? Rule: Seven directives for police reform to ensure accountability, professionalism, and insulation from political interference. Held: Directives include: (1) State Security Commission for policy, (2) fixed tenure for DGP, (3) fixed tenure for SP/SHO, (4) separation of investigation from law and order, (5) Police Establishment Board, (6) Police Complaints Authority, (7) National Security Commission. These reforms impact how police exercise powers under BNSS.
Distinctions
| Parameter | Police Cognizance | Judicial Cognizance (Magistrate) |
|---|---|---|
| Meaning | Coming to know of offence | Taking judicial notice and applying mind to proceed |
| Section | S.173 (FIR), S.176 (investigation) | S.210 (taking cognizance) |
| Effect | Triggers investigation | Triggers judicial process (inquiry/trial) |
| Authority | Police officer (SHO/IO) | Magistrate |
| Discretion | Must register FIR if cognizable | May or may not take cognizance |
| Outcome | Charge sheet or closure | Summons/warrant to accused, or discharge |
Flashcards
Q: Is FIR registration mandatory for cognizable offences? A: Yes. S.173 uses "shall"; per Lalita Kumari, registration is mandatory when information discloses a cognizable offence.
Q: Can police investigate non-cognizable offences without permission? A: No. S.175(2) requires Magistrate's written order.
Q: What is the timeline for police to file a charge sheet? A: S.193: 90 days (extendable to 180 days for offences punishable with 10+ years, death, or life imprisonment).
Q: What are the seven directives in Prakash Singh? A: State Security Commission, fixed DGP tenure, fixed SP/SHO tenure, separation of investigation from law and order, Police Establishment Board, Police Complaints Authority, National Security Commission.
Q: What must police provide to the informant upon FIR registration? A: Free copy of the FIR (S.173(1) proviso).
Q: What is mandatory during investigation for offences with 7+ years punishment? A: Forensic visit to crime scene with videography (S.176 BNSS).
Exam Scenario
A woman approaches the police station reporting domestic violence (S.85 BNS, punishable with up to 3 years). The SHO tells her to "go home and settle the matter" without registering an FIR. The woman files a complaint with the Superintendent of Police. Advise.
Domestic violence under S.85 BNS (cruelty by husband/relatives) is a cognizable offence per the First Schedule. Under S.173 BNSS and Lalita Kumari v. State of UP (2014), registration of FIR is mandatory when information discloses a cognizable offence. The SHO has no discretion to refuse registration. The SHO's conduct violates S.173 and may attract disciplinary action. The SP must: (1) direct immediate FIR registration, (2) ensure investigation commences, (3) consider departmental action against the SHO. The woman also has the option of: (a) filing a written complaint to the SP who can direct registration, (b) approaching the Magistrate under S.175 read with S.210, or (c) filing a writ petition before the High Court under Art.226 for a mandamus directing FIR registration.