In a cognizable case under the Bharatiya Nyaya Sanhita, 2023 the police will have all the powers to…

A cognizable offence permits police investigation without a Magistrate’s order under section 175(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly section 156 CrPC) and permits arrest without warrant under section 35. This is a power, not automatic authority to arrest every suspect: section 35 imposes statutory grounds and necessity safeguards for relevant offences, and its sub-section (7) requires prior permission of an officer not below Deputy Superintendent of Police to arrest an infirm person or a person above sixty where the offence is punishable with less than three years. The prior-order restriction belongs to non-cognizable investigation (section 174), and even such an order does not itself authorize warrantless arrest.