Chapter XII
Section 155 CrPC: Information as to non-cognizable cases and investigation of such cases
New Law Update (2024)
Section 173 BNSS
TRIAL COURT
Magistrate's Court
Punishment
Procedural – Warrant / Summons Process
Cognizable?
Non-Cognizable
Bailable?
Compoundable?
Bare Act Text
(1) When information is given to an officer in charge of a police station of the commission within the limits of such station of a non-cognizable offence, he shall enter or cause to be entered the substance of the information in a book to be kept by such officer in such form as the State Government may prescribe in this behalf, and refer, the informant to the Magistrate.
(2) No police officer shall investigate a non-cognizable case without the order of a Magistrate having power to try such case or commit the case for trial.
(3) Any police officer receiving such order may exercise the same powers in respect of the investigation (except the power to arrest without warrant) as an officer in charge of a police station may exercise in a cognizable case.
(4) Where a case relates to two or more offences of which at least one is cognizable, the case shall be deemed to be a cognizable case, notwithstanding that the other offences are non-cognizable.
Important Sub-Sections Explained
Section 155(2)
This sub-section is paramount as it unequivocally prohibits any police officer from initiating an investigation into a non-cognizable case unless explicitly ordered to do so by a Magistrate who is competent to try or commit the case for trial.
Section 155(4)
This crucial sub-section clarifies that if a case involves two or more offences, and at least one of them is cognizable, the entire case will be treated as a cognizable case, thereby allowing the police to investigate without requiring a Magistrate’s order for the non-cognizable parts.
Landmark Judgements
Pancham Singh v. State of Uttar Pradesh, 2011 (3) ALJ 498 (All):
The Allahabad High Court ruled that an investigation into a non-cognizable offence without the mandatory prior order of a Magistrate is illegal, and any police report filed subsequent to such an investigation cannot be relied upon by a court to take cognizance of the offence.
Suresh Kumar v. State of U.P. and Ors., 2008 (1) UPLBEC 754 (All):
This judgement reiterated the binding nature of Section 155(2) CrPC, holding that a police officer is explicitly barred from registering a First Information Report (FIR) and commencing an investigation in a non-cognizable case without first obtaining a specific order from a competent Magistrate.
Draft Format / Application
IN THE COURT OF THE JUDICIAL MAGISTRATE FIRST CLASS / METROPOLITAN MAGISTRATE
[City/District, State]
Case No. ______ of 20______
IN THE MATTER OF:
[Complainant’s Name]
S/o D/o W/o [Father’s/Husband’s Name]
Aged about ______ years,
Residing at [Full Address]
…Applicant/Complainant
VERSUS
The State of [State Name] / Station House Officer, [Police Station Name]
…Respondent
APPLICATION UNDER SECTION 155(2) OF THE CODE OF CRIMINAL PROCEDURE, 1973
FOR ORDER TO INVESTIGATE A NON-COGNIZABLE CASE
MOST RESPECTFULLY SHOWETH:
1. That the Applicant/Complainant has lodged a complaint/information regarding the commission of a non-cognizable offence at [Police Station Name] on [Date], vide Diary Entry No. / Memo No. [if any]. A copy of the said complaint/information is annexed herewith as ANNEXURE ‘A’.
2. That the facts constituting the said non-cognizable offence are briefly as follows:
[Provide a concise summary of the incident, including date, time, place, and nature of the offence committed.]
3. That the said offence falls under the category of non-cognizable offences as defined under Section 2(l) of the Code of Criminal Procedure, 1973, and is punishable under Section(s) [relevant IPC/other law section(s)].
4. That as per the provisions of Section 155(2) of the Code of Criminal Procedure, 1973, no police officer can investigate a non-cognizable case without the order of a Magistrate having power to try such case or commit the case for trial.
5. That in order to unearth the truth, collect evidence, and bring the culprits to justice, an investigation into the matter is absolutely essential. The police are the appropriate agency to conduct such an investigation effectively.
6. That the Applicant/Complainant is desirous that the Police Station [Police Station Name] be directed to investigate the aforesaid non-cognizable offence thoroughly and effectively.
PRAYER:
It is, therefore, most respectfully prayed that this Hon’ble Court may graciously be pleased to:
a) Pass an order directing the Officer In-charge, Police Station [Police Station Name], to investigate the non-cognizable offence reported by the Applicant/Complainant on [Date], as per law.
b) Pass any other and further order(s) as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.
AND FOR THIS ACT OF KINDNESS, THE APPLICANT AS IN DUTY BOUND SHALL EVER PRAY.
Place: [City]
Date: [Date]
(Signature)
[Complainant’s Name]
Applicant/Complainant
THROUGH:
(Signature)
[Advocate’s Name]
Advocate for the Applicant/Complainant
[Enrollment Number]
[Contact Details]