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Who among the following has the power to order police investigation into a cognizable offence under Section 175(3) of the BNSS, 2023 (formerly Section 156(3) Cr.P.C.)?

Question and options

Who among the following has the power to order police investigation into a cognizable offence under Section 175(3) of the BNSS, 2023 (formerly Section 156(3) Cr.P.C.)?
  1. Magistrate
  2. Sessions Court
  3. High Court
  4. Magistrate, Sessions Court and High Court alike

Answer and explanation

Correct answer: A - Magistrate
Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly section 156(3) of the Code of Criminal Procedure, 1973) lets a Magistrate empowered under section 210 (formerly section 190) order the police to investigate a cognizable offence. The power under this provision belongs to the Magistrate alone; a Sessions Court has no such power under it, and a High Court that directs an investigation acts under its writ or inherent jurisdiction, not under section 175(3).

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