Information as to non-cognizable cases and investigation of such cases
AI Assist
Summary
When information about a non-cognizable offence reaches a police station, the officer must record the substance, refer the informant to the Magistrate, and send fortnightly diary reports to the Magistrate. Police cannot investigate a non-cognizable case without an order from a Magistrate who can try or commit the case. If ordered, police may investigate with the usual powers except arrest without a warrant. If any offence in the matter is cognizable, the whole matter is treated as cognizable.
Example
Priya tells the local police about a neighbour's minor civil dispute that is non-cognizable. The officer notes the substance in the station book and directs Priya to the Magistrate; police will not investigate unless the Magistrate with trial or commitment power orders it. If the Magistrate orders investigation, police can probe but cannot arrest without a warrant.
Bare Act
Enacted text(1) When information is given to an officer in charge of a police station of the commission within the limits of such station of a non-cognizable offence, he shall enter or cause to be entered the substance of the information in a book to be kept by such officer in such form as the State Government may by rules prescribe in this behalf, and,-
(i) refer the informant to the Magistrate;
(ii) forward the daily diary report of all such cases fortnightly to the Magistrate.
(2) No police officer shall investigate a non-cognizable case without the order of a Magistrate having power to try such case or commit the case for trial.
(3) Any police officer receiving such order may exercise the same powers in respect of the investigation (except the power to arrest without warrant) as an officer in charge of a police station may exercise in a cognizable case.
(4) Where a case relates to two or more offences of which at least one is cognizable, the case shall be deemed to be a cognizable case, notwithstanding that the other offences are non-cognizable.
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