Chapter XII
Section 157 CrPC: Procedure for investigation
New Law Update (2024)
Section 173 BNSS
TRIAL COURT
Punishment
Procedural – Cognizance
Cognizable?
Bailable?
Compoundable?
Bare Act Text
(1) If, from information received or otherwise, an officer in charge of a police station has reason to suspect the commission of an offence which he is empowered under section 156 to investigate, he shall forthwith send a report of the same to a Magistrate empowered to take cognizance of such offence upon a police report and shall proceed in person, or shall depute one of his subordinate officers not being below such rank as the State Government may, by general or special order, prescribe in this behalf, to proceed, to the spot, to investigate the facts and circumstances of the case, and, if necessary, to take measures for the discovery and arrest of the offender:
Provided that—
(a) when information as to the commission of any such offence is given against any person by name and the case is not of a serious nature, the officer in charge of a police station need not proceed in person or depute a subordinate officer to make an investigation on the spot;
(b) if it appears to the officer in charge of a police station that there is no sufficient ground for entering on an investigation, he shall not investigate the case.
(2) In each of the cases mentioned in clauses (a) and (b) of the proviso to Sub-Section (1), the officer in charge of the police station shall state in his report his reasons for not fully complying with the requirements of that Sub-Section, and, in the case mentioned in clause (b) of the said proviso, the officer shall also forthwith notify to the informant, if any, in such manner as may be prescribed by the State Government, the fact that he will not investigate the case or cause it to be investigated.
Important Sub-Sections Explained
Section 157(1)
This subsection outlines the primary and mandatory steps for a police officer upon suspecting a cognizable offence, including sending a report to a Magistrate and proceeding to the spot for investigation, subject to specific exceptions for minor cases or when there are insufficient grounds.
Section 157(2)
This provision mandates that if a police officer decides not to investigate fully or not to investigate at all, as per the conditions in the proviso to sub-section (1), they must record their reasons for such a decision in their report and, where applicable, inform the complainant of this decision.
Landmark Judgements
Lalita Kumari v. Govt. of U.P. (2014):
The Supreme Court held that registration of a First Information Report (FIR) is mandatory under Section 154 of the CrPC if the information discloses a cognizable offence, and no preliminary inquiry is permissible in such a situation. This judgment emphasizes the immediate duty of the police to commence investigation upon disclosure of a cognizable offence.
Union of India v. Prakash P. Hinduja (2003):
This ruling reiterated that the power of a police officer to investigate a cognizable offence under the CrPC is unfettered and not subject to the approval or direction of a Magistrate. The Magistrate’s role in cognizance comes after the investigation report is submitted, reinforcing the independent statutory duty of the police under Section 157.