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CS Professional · Artificial Intelligence, Data Analytics and Cyber Security - Laws and Practice · Cyber Crimes and Investigation Procedures

A police officer receives a Magistrate's order to investigate a purely non-cognizable offence. Under Section 174 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which power does the officer lack?

The officer lacks the power to arrest without warrant. Section 174(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 gives the officer all other investigation powers of a cognizable case once a Magistrate has ordered investigation of a non-cognizable offence.

  1. APower to record statements of witnesses
  2. BPower to arrest without warrantCorrect
  3. CPower to examine the scene of the offence
  4. DPower to prepare a report of the investigation

Explanation

Section 174(3) allows an officer holding the Magistrate's order to exercise the same investigative powers as in a cognizable case, except the power to arrest without warrant. The other listed activities are part of the investigation powers that remain available.

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