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    Power of Police Officer To Investigate

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    Aditya Prakash
    Section 156 of the Cr.P.C. gives police officers the power to investigate any cognizable case without a magistrate's order. Any proceeding of a police officer during such an investigation cannot be questioned on the basis that the officer lacked power to investigate. Magistrates can also order investigations under Section 156(3). The police power to investigate cognizable offenses is uncontrolled by magistrates unless the police decide not to investigate, in which case the magistrate can intervene. Magistrates provide oversight to ensure police are properly performing their investigative duties and can direct them to do so. Magistrates can also direct police to register FIRs under Section 156(3). Sections 190 and 156 have a strong nexus that allows magistrates to

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    Power of Police Officer To Investigate

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    Aditya Prakash
    74 views3 pages
    Section 156 of the Cr.P.C. gives police officers the power to investigate any cognizable case without a magistrate's order. Any proceeding of a police officer during such an investigation cannot be questioned on the basis that the officer lacked power to investigate. Magistrates can also order investigations under Section 156(3). The police power to investigate cognizable offenses is uncontrolled by magistrates unless the police decide not to investigate, in which case the magistrate can intervene. Magistrates provide oversight to ensure police are properly performing their investigative duties and can direct them to do so. Magistrates can also direct police to register FIRs under Section 156(3). Sections 190 and 156 have a strong nexus that allows magistrates to

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    Section 156 of the Cr.P.C. gives police officers the power to investigate any cognizable case without a magistrate's order. Any proceeding of a police officer during such an investigation cannot be questioned on the basis that the officer lacked power to investigate. Magistrates can also order investigations under Section 156(3). The police power to investigate cognizable offenses is uncontrolled by magistrates unless the police decide not to investigate, in which case the magistrate can intervene. Magistrates provide oversight to ensure police are properly performing their investigative duties and can direct them to do so. Magistrates can also direct police to register FIRs under Section 156(3). Sections 190 and 156 have a strong nexus that allows magistrates to

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    © All Rights Reserved
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    Download as docx, pdf, or txt
    74 views3 pages

    Power of Police Officer To Investigate

    Uploaded by

    Aditya Prakash
    Section 156 of the Cr.P.C. gives police officers the power to investigate any cognizable case without a magistrate's order. Any proceeding of a police officer during such an investigation cannot be questioned on the basis that the officer lacked power to investigate. Magistrates can also order investigations under Section 156(3). The police power to investigate cognizable offenses is uncontrolled by magistrates unless the police decide not to investigate, in which case the magistrate can intervene. Magistrates provide oversight to ensure police are properly performing their investigative duties and can direct them to do so. Magistrates can also direct police to register FIRs under Section 156(3). Sections 190 and 156 have a strong nexus that allows magistrates to

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    © All Rights Reserved
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    Power of police officer to investigate u/s 156 Cr.P.C.

    Section 156 of the Cr.P.C. is divided into 3 sub-sections which state that (i) 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., (ii) 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. (iii) Any Magistrate empowered under
    section 190 may order such an investigation as mentioned above.
    The investigation of an offence is exclusively reserved for police officers whose
    powers in that field are unfettered so long as they are exercised in strict compliance of
    Chapter XII. The power of the Police to investigate any cognizable offence is
    uncontrolled by the Magistrate, and it is only in cases where the police decide not to
    investigate the case, that the Magistrate can intervene and either direct an
    investigation, or in the alternative, himself proceed or depute a Magistrate subordinate
    to him to proceed to enquire into the case. The High Court cannot change the the
    Investigating Officer in the mid-stream and appoint any agency of its own, this was
    held in the landmark judgement of, Divine Retreat Centre v. State of Kerala, AIR
    2008 SC 1614. To unearth a truth behiind the allegations made in a complaint the
    Magistrate can refer such complaint under Section 156(3) to the Police, but it cannot
    be done on a routine basis, it should only be done in exceptional circumstances, this
    was held in the case of Parimal Kumar Chakraborty v. State of West Bengal,
    2009(1) CHN 911.
    The magistrate under Section 156(3) provides a check on whether the police are
    performing their duties and where the Magistrate feels that they are not performing
    the requisite duties he can direct them to do so and monitor the same. This was held in
    the case of T. C. Thangaraj v. Engammal (2011) 12 SCC 328.
    The Magistrate can direct the police to register an FIR under Section 156(3) and the
    police have to register it upon the request of the magistrate, the was held in the
    judgement of Mohd. Yousuf v. Smt. Afaq Jahan (2006) 1 SCC 627.
    There is a very strong nexus between Section 190 and Section 156 of the Cr. P. C.
    which enables the power of the magistrate take cognizence about the wilful
    ommitence of the Police to perform the functions it should ordinarily do and can
    direct the police to undertake the investigation and even register an FIR, this was held
    in the latest judgement of the apex Court in Manju Surana v. Sunil Arora and Ors.,
    (2018) 5 SCC 557.

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