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Under the Bharatiya Nagarik Suraksha Sanhita, 2023, in a cognizable case the police have the

Question and options

Under the Bharatiya Nagarik Suraksha Sanhita, 2023, in a cognizable case the police have the
  1. authority to arrest without warrant, but not to investigate without permission of the Magistrate
  2. authority to investigate without permission of the Magistrate, but not to arrest without warrant
  3. authority both to arrest without warrant and to investigate without permission of the Magistrate
  4. neither authority to arrest without warrant nor authority to investigate without permission of the Magistrate

Answer and explanation

Correct answer: C - authority both to arrest without warrant and to investigate without permission of the Magistrate
A cognizable offence is one for which a police officer may arrest without warrant (s. 2(1)(g) BNSS, formerly s. 2(c) CrPC), and an officer in charge of a police station may investigate a cognizable case without the order of a Magistrate (s. 175(1) BNSS, formerly s. 156(1) CrPC). So the police have both powers. The options granting only one of the two powers are wrong, and the need for a Magistrate's permission to investigate applies to non-cognizable cases.

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