Change in 156 CrPC 175 BNSS | FIR against public servant  

Corresponding section of 156 CrPC | 156 CrPC ki jagah BNSS me konsi section hai? 156 CrPC ab kon si dhara ho gayi hai? 156 CrPC me kya kya change kiye gaye hai? Changes in 156 CrPC | New provision addes in new law 175 BNSS | changes in section 175 BNSS | which section of bnss is corresponding to section 156 crpc? BNSS me ko si dhara ab 156 CrPC ke liye bani hai? 156 CrPC ke tulya dhara BNSS me kon si dhara hai | Which section in BNSS is equal to 156 CrPC? The code of criminal procedure | The Bharatiya Nagarik Suraksha Sanhita 2023 | Magistrate power to order investigation | FIR against public servant | No FIR against public servant |
Section 175 BNSS:
Police Officer's power to investigate cognizable case. (1) Any officer in charge of a police station may, without the order of a Magistrate, investigate any cognizable case which a Court having jurisdiction over the local area within the limits of such station would have power to inquire into or try under the provisions of Chapter XIV:
Provided that considering the nature and gravity of the offence, the Superintendent of Police may require the Deputy Superintendent of Police to investigate the case.
(2) No proceeding of a police officer in any such case shall at any stage be called in question on the ground that the case was one which such officer was not empowered under this section to investigate.
(3) Any Magistrate empowered under section 210 may, after considering the application supported by an affidavit made under sub-section (4) of section 173, and after making such inquiry as he thinks necessary and submission made in this regard by the police officer, order such an investigation as above-mentioned.
(4) Any Magistrate empowered under section 210, may, upon receiving a complaint against a public servant arising in course of the discharge of his official duties, order investigation, subject to-
(a) receiving a report containing facts and circumstances of the incident from the officer superior to him; and
(b) after consideration of the assertions made by the public servant as to the situation that led to the incident so alleged.
Changes:
1. In sub-section 1 of section 175, one proviso has been added which is as under-
Provided that considering the nature and gravity of the offence, the Superintendent of Police may require the Deputy Superintendent of police to investigate the case.
#No change in sub section 2 of 175 CrPC.
Change 2:
In sub section 3 the following bold and italic words are newly added and other are borrowed from CrPC.
(3) Any Magistrate empowered under section 210 may, after considering the application supported by an affidavit made under sub-section (4) of section 173, and after making such inquiry as he thinks necessary and submission made in this regard by the police officer, order such an investigation as above-mentioned.
Change no. 3:
subsection (4) in section 175 BNSS has newly been added. It was not in old law CrPC. The same is as under-
(4) Any Magistrate empowered under section 210, may, upon receiving a compliant against a public servant arising in course of the discharge of his official duties, order investigation, subject to-
(a) receiving a report containing facts and circumstances of the incident from the officer superior to him; and
(b) after consideration of the assertions made by the public servant as to the situation that led to the incident so alleged.
#newcriminallaws #law #newlaws #bnss #bsa #lawyers #police #court #crpc #judiciaryaspirants #175bnss #156crpc #magistrate #poweroffir

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