Under the Bharatiya Nagarik Suraksha Sanhita, 2023, in case of the information as to non-cognizable…

Under section 174(1) of the BNSS (formerly section 155(1) CrPC), the prescribed response combines recording the substance of the information with referring the informant to the Magistrate. Both duties apply to the non-cognizable information described; the BNSS also requires the daily diary report of all such cases to be forwarded fortnightly to the Magistrate. Merely performing one step leaves the statutory response incomplete, while arrest is not required merely because the information has been received.

Why not "only enter the information in his diary."? Recording the information is part of the duty, but the word only excludes the additional obligation to refer the informant to the Magistrate. A record in the prescribed book does not itself complete the process. The provision expressly connects recording with referral as the required response.

Why not "only refer the informant to the Magistrate."? Referring the informant to the Magistrate is required, but it does not dispense with recording the substance of the information. The word only makes this statement too narrow. The officer must preserve the prescribed record as well as direct the informant to the appropriate judicial authority.

Why not "arrest the accused."? Receipt of information about a non-cognizable offence does not impose a duty to arrest the accused. The statutory response at this stage is recording and referral, and non-cognizable matters involve restrictions on police action. Arrest cannot be substituted for the two duties stated in the relevant provision.