Under the Bharatiya Nagarik Suraksha Sanhita, 2023, no police officer may investigate a non-cognizable…

Section 174(2) BNSS (formerly section 155(2) CrPC) requires an order from a Magistrate having power to try that case or commit it for trial. This is the governing legal qualification. A Chief Judicial Magistrate may be one competent Magistrate in a particular case, but the office title alone is not the required or exclusive permission criterion; the provision does not require every such order to be from the CJM. Section 174(1) also requires the officer to forward the daily diary report of such cases fortnightly to the Magistrate.