Non-Cognizable Reports (NCR) play a crucial role in the legal framework, particularly in cases where police cannot make arrests without a warrant. Initially governed by Section 155 Cr.P.C., recent changes have shifted NCR under Section 175 of Bharatiya Nagarik Suraksha Sanhita (BNSS).
In legal terms, NCR refers to offenses listed under Section 2(o) of BNSS, where police lack the authority to arrest without a warrant. Such offenses are considered private wrongs, placing the responsibility of evidence collection and prosecution on private citizens.
Procedures Under Section 175 BNSS:
Section 175 BNSS outlines the process for handling non-cognizable cases. Following the submission of the report, the police officer directs the person involved to the magistrate.
Subsection 175(2) emphasizes that no investigation or arrest can occur without the magistrate's permission. Even with the magistrate's order, only the investigation can commence, with no immediate arrest allowed.
Consequences of Irregular Investigations:
If an illegal or irregular investigation comes to the court's attention early on, appropriate orders for re-investigation may be issued.
However, if judicial notice is brought in later stages, the proceedings continue unless the investigation results in a miscarriage of justice under Section 513 of the Bharatiya Nagarik Suraksha Sanhita.
Also note that the report for a non-cognizable offense is recorded in the Non-Cognizable Report diary, with details following the format prescribed by the State Government.
NCR (Non-Cognizable Reports) under BNSS (Bharatiya Nagarik Suraksha Sanhita)| Section 175 BNSS
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