Is Not The Magistrate A Prisoner Of Section 175 (3) Read With Section 173 (4) Of BNSS?

What impelled me to pen this article is the grievance voiced by some members of the Bar to the effect that on receiving “private complaints” all Magistrates are seeking the report of the Police before deciding to order investigation under Section 175 of the Bharatiya Nagrik Suraksha Sanhita, 2023. and Section 175 of BNSS by means of a tabular statement as given below— S.156 Cr.P.C., 1973 S.175 BNSS, 2023 REMARKS Section 156: Police officer's power to investigate cognizable cases - 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 S.156 Cr.P.C., 1973 Section 175: Police officer's power to investigate cognizable case - 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 S.175 BNSS, 2023 REMARKS local area within the limits of such station would have power to inquire into or try under the provisions of Chapter XIII. and Section 173 BNSS as given below— S.154 Cr.P.C., 1973 S.173 BNSS, 2023 REMARKS Section 154: Information in cognizable cases Every information relating to the commission of a cognizable offence, if given orally to an officer in charge of a police station, shall be reduced to writing by him or under his direction, and be read over to the informant; and every such information, whether given in writing or reduced to writing as aforesaid, shall be signed by the person giving it, and the substance thereof shall be entered in a book to be kept by such officer in such form as the State Government may prescribe in this behalf: S.154 Cr.P.C.,1973 Section 173: Information in cognizable cases Every information relating to the commission of a cognizable offence, irrespective of the area where the offence is committed, may be given orally or by electronic communication to an officer in charge of a police station, and if given— orally, it shall be reduced to writing by him or under his direction, and be read over to the informant; and every such information, whether given in writing or reduced to writing as aforesaid, shall be signed by the person giving it; by electronic communication, it shall S.173 BNSS, 2023 S.154 Cr.P.C. REMARKS Provided that if the information is given by the woman against whom an offence under Section 326A, Section 326B, Section 354, Section 354A, Section 354B, Section 354C, Section 354D, Section 376, Section 376A, Section 376AB, Section 376B, Section 376C, Section 376D, Section 376DA, Section 376DB, Section 376E or Section 509 of the Indian Penal Code is alleged to have been committed or attempted, then such information shall be recorded, by a woman S.154 Cr.P.C.,1973 be taken on record by him on being signed within three days by the person giving it, and the substance thereof shall be entered in a book to be kept by such officer in such form as the State Government may by rules prescribe in this behalf: Provided that if the information is given by the woman against whom an offence under section 64, section 65, section 66, section 67, section 68, section 69, section 70, section 71, section 74, section 75, section 76, section 77, section 78, section 79 or section 124 of the Bharatiya Nyaya Sanhita, 2023 is alleged to have been committed or attempted, then such information shall be recorded, by a woman police officer or any woman officer: S.173 BNSS, 2023 1st proviso to S.154 Cr.P.C. REMARKS police officer or any woman officer: Provided further that-- in the event that the person against whom an offence under Section 354, Section 354A, Section 354B, Section 354C, Section 354D, Section 376, Section 376A, Section 376AB, Section 376B, Section 376C, Section 376D, Section 376DA, Section 376DB, Section 376E or Section 509 of the Indian Penal Code is alleged to have been committed or attempted, is temporarily or permanently mentally or physically disabled, then such information shall be recorded by a police officer, at the residence of the person seeking to report such offence or at a convenient place of such person's S.154 Cr.P.C.,1973 Provided further that— in the event that the person against whom an offence under section 64, section 65, section 66, section 67, section 68, section 69, section 70, section 71, section 74, section 75, section 76, section 77, section 78, section 79 or section 124 of the Bharatiya Nyaya Sanhita, 2023 is alleged to have been committed or attempted, is temporarily or permanently mentally or physically disabled, then such information shall be recorded by a police officer, at the residence of the person seeking to report such offence or at a convenient place of such person's choice, in the presence of an interpreter or a special educator, as the case may be; S.173 BNSS, 2023 Clause of the 2nd proviso to Section 154 Cr.P.C.