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Theft Involving Amount Below ₹5,000 Is a Non-Cognizable Offence under BNS; Police Cannot Register FIR Without Magistrate’s Permission: Andhra Pradesh High Court

06 Jan 2026 3 min read
Theft Involving Amount Below ₹5,000 Is a Non-Cognizable Offence under BNS; Police Cannot Register FIR Without Magistrate’s Permission: Andhra Pradesh High Court

The Andhra Pradesh High Court has clarified an important legal position under the Bharatiya Nyaya Sanhita, 2023, holding that theft of property valued below ₹5,000 constitutes a non cognizable offence. The Court ruled that in such cases, police authorities cannot mechanically register an FIR or proceed with investigation without obtaining prior permission from the concerned Magistrate. Facts Leading to the Criminal Petition The case arose when P Rashidulla was accused…

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