Section 156 CrPC: Police officer

Chapter XII

cognizable offence, complaint to magistrate, Criminal procedure, FIR, judicial oversight, magisterial power, Police investigation, power to investigate

New Law Update (2024)

Section 173 BNSS

TRIAL COURT

Punishment

Procedural – Investigation / Inquiry

Cognizable?

Bailable?

Compoundable?

Bare Act Text

(1) 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 would have power to inquire into or try under the provisions of Chapter XIII.
(2) No proceeding of a police officer in any such case shall at any stage be called in question on the ground that the case was one which such officer was not empowered under this section to investigate.
(3) Any Magistrate empowered under section 190 may order such an investigation as above-mentioned.

Important Sub-Sections Explained

Section 156(1) CrPC

This sub-section empowers a police officer in charge of a police station to investigate any serious crime (cognizable case) without needing prior permission or order from a Magistrate. This is the foundation of police power to initiate investigation on their own.

Section 156(3) CrPC

This crucial sub-section allows a Magistrate, who is empowered to take cognizance of an offence, to direct the police to conduct an investigation into a cognizable case. It serves as a remedy for a complainant if the police refuse to register an FIR or initiate an investigation.

Landmark Judgements

Lalita Kumari v. Govt of UP (2014):

This landmark judgment mandates the registration of a First Information Report (FIR) under Section 154 CrPC if the information received by the police discloses the commission of a cognizable offence. It clarified that preliminary inquiry is permissible only in certain exceptional categories of cases, and not as a general rule before registering an FIR.

Sakiri Vasu v. State of UP (2008):

The Supreme Court clarified the wide powers of a Magistrate under Section 156(3) CrPC, stating that the Magistrate can not only order an investigation but also monitor its progress and ensure that proper investigation is carried out. This includes passing appropriate directions to the police for effective investigation, even after an FIR has been registered.

Draft Format / Application

IN THE COURT OF THE JUDICIAL MAGISTRATE FIRST CLASS / METROPOLITAN MAGISTRATE AT [City/District Name]

Criminal Miscellaneous Application No. ____ of 20___

IN THE MATTER OF:

[Complainant’s Name]
S/o, D/o, W/o [Father/Husband’s Name]
Age: [Age] years
Resident of [Full Address]
… Complainant

VERSUS

1. The Station House Officer,
[Police Station Name],
[City/District Name]

2. [Name of Accused 1, if known]
S/o, D/o, W/o [Father/Husband’s Name]
Age: [Age] years
Resident of [Full Address]
(And Others, if any)
… Proposed Accused

APPLICATION UNDER SECTION 156(3) OF THE CODE OF CRIMINAL PROCEDURE, 1973

MOST RESPECTFULLY SHOWETH:

1. That the Complainant herein is a law-abiding citizen and resident of the address mentioned above.

2. That on [Date], at approximately [Time], the Proposed Accused persons committed a serious cognizable offence(s) against the Complainant, details of which are more fully described hereinafter.

3. That on [Date], at [Place], the Proposed Accused No. [Specify accused number] along with others [briefly describe the incident and cognizable offence, e.g., “assaulted the Complainant, snatched his valuables, and threatened him with dire consequences.”]. (Provide specific details of the incident, including sections of IPC if applicable, e.g., “thereby committing offences punishable under Sections 323, 392, 506, read with 34 of the Indian Penal Code, 1860.”)

4. That the Complainant approached the Police Station [Police Station Name] on [Date] to register a First Information Report (FIR) regarding the said incident, but the police officials refused to register the same and/or take appropriate action despite disclosing a clear cognizable offence. (Attach a copy of the complaint to the police, if any).

5. That the Complainant also sent a complaint in writing by registered post/speed post to the Superintendent of Police, [District Name], on [Date] under Section 154(3) CrPC, but no action has been taken till date. (Attach proof of dispatch, if any).

6. That the allegations made by the Complainant clearly disclose the commission of cognizable offence(s) and require a thorough investigation by the police machinery to unearth the truth, collect evidence, and bring the culprits to justice.

7. That the Complainant has no other efficacious remedy available but to approach this Hon’ble Court for appropriate directions.

PRAYER:

It is, therefore, most respectfully prayed that this Hon’ble Court may be pleased to:

a) Direct the Respondent No. 1 (Station House Officer, [Police Station Name]) to register a First Information Report (FIR) based on the Complainant’s complaint and to conduct a fair, proper, and expeditious investigation into the matter as per law.

b) Pass any other order or direction as this Hon’ble Court may deem fit and proper in the facts and circumstances of the present case, in the interest of justice.

AND FOR THIS ACT OF KINDNESS, THE COMPLAINANT AS IN DUTY BOUND SHALL EVER PRAY.

Place: [City]
Date: [Date]

(Signature of Complainant)
[Complainant’s Name]

VERIFICATION:

I, [Complainant’s Name], the Complainant above named, do hereby verify that the contents of the above application from paragraphs 1 to 7 are true and correct to my knowledge and belief, and no material fact has been concealed therefrom.

Verified on this the [Day] day of [Month], [Year] at [Place].

(Signature of Complainant)
[Complainant’s Name]

Chapter XII