Section 169 BNSS 2023 - Information of Design to Commit Cognizable Offences

Section 169 of the Bharatiya Nagarik Suraksha Sanhita, 2023 forms part of Chapter XII on preventive action of the police. It requires a police officer who receives information about a design to commit a cognizable offence to communicate that information to the officer to whom he is subordinate and also to any other officer whose duty is to prevent, or take cognizance of, that offence.

In simple terms: if a police officer learns of a planned cognizable offence, the information is not to remain only with that officer. Section 169 requires prompt communication within the police hierarchy and to other officers responsible for prevention or lawful action.

Text of Section 169 BNSS

169. Every police officer receiving information of a design to commit any cognizable offence shall communicate such information to the police officer to whom he is subordinate, and to any other officer whose duty it is to prevent or take cognizance of the commission of any such offence.

Meaning of "cognizable offence"

Section 2(1)(g) of the BNSS defines a "cognizable offence" as an offence for which, and a "cognizable case" as a case in which, a police officer may, in accordance with the First Schedule or under any other law for the time being in force, arrest without warrant.

What is meant by a "design to commit" an offence?

In the context of Section 169, the expression refers to information indicating a plan, intention or arrangement to commit a cognizable offence. The provision is preventive in character. Its purpose is to ensure that information concerning an anticipated cognizable offence reaches officers who are legally positioned to take preventive or other lawful action.

Who must receive the information?

Section 169 identifies two categories of officers to whom the information must be communicated:

  • The police officer to whom the receiving officer is subordinate.
  • Any other officer whose duty it is to prevent or take cognizance of the contemplated cognizable offence.

The provision therefore supports both internal reporting and operational communication to officers who have responsibility for preventing or dealing with the anticipated offence.

Section 169 within the preventive-action framework

Provision Subject Role in preventive policing
Section 168 Police to prevent cognizable offences States the general power and duty of every police officer to prevent cognizable offences.
Section 169 Information of design to commit cognizable offences Requires communication of information about a planned cognizable offence to superior and responsible officers.
Section 170 Arrest to prevent commission of cognizable offences Provides a specific preventive arrest power where the statutory conditions are satisfied.

Why Section 169 is important

Preventive policing depends on timely transmission of reliable information. Section 169 creates a statutory communication duty so that information about a contemplated cognizable offence can reach officers with supervisory, preventive or cognizance-related responsibility before the offence is committed.

  • The duty applies to every police officer who receives the relevant information.
  • The information concerns a design to commit a cognizable offence.
  • Communication to the superior officer is mandatory.
  • Communication must also be made to any other officer whose duty is to prevent or take cognizance of the offence.
  • The provision is preventive and should be read together with Sections 168 and 170.
Important: Section 169 creates a duty to communicate information. It does not by itself authorise every coercive measure. Any arrest, search, seizure or other coercive action must be supported by the specific BNSS provision or other law governing that action.

BNSS commencement

The Bharatiya Nagarik Suraksha Sanhita, 2023 is Act No. 46 of 2023. The Central Government appointed 1 July 2024 as the date on which its provisions came into force, subject to the notified exception relating to the First Schedule entry concerning Section 106(2) of the Bharatiya Nyaya Sanhita, 2023.

Related BNSS provisions

Last reviewed: 11 September 2026.