Chapter XII

Section 158 CrPC: Report how submitted

New Law Update (2024)

Section 181 BNSS

TRIAL COURT

Punishment​

Procedural – Trial / Charge

Cognizable?

Bailable?

Compoundable?

Bare Act Text

(1) Every report sent to a Magistrate under Section 157 shall, if the State Government so directs, be submitted through such superior officer of police as the State Government, by general or special order, appoints in that behalf. (2) Such superior officer may give such instructions to the officer in charge of the police station as he thinks fit, and shall, after recording such instructions on such report, transmit the same without delay to the Magistrate.

Important Sub-Sections Explained

Section 158(1)

This sub-section empowers the State Government to mandate that police reports under Section 157, concerning cognizable offences, must be routed through a superior police officer before reaching the Magistrate. This ensures an administrative layer of review or control over initial police reports.

Section 158(2)

This sub-section defines the role of the superior police officer, allowing them to issue necessary instructions to the investigating officer regarding the report. Crucially, these instructions must be recorded on the report itself, which is then transmitted without delay to the Magistrate.

Landmark Judgements

Draft Format / Application

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