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.)?
- Magistrate
- Sessions Court
- High Court
- 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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