Cr.PC Section 156 (3) - Magistrate's Power To Direct Police Investigation

Section 156 of the Criminal Procedure, 1973( hereinafter referred to as “the code”), allows the Police to investigate cognizable offences without needing a Magistrate’s permission. It gives them the power to act on serious crimes in their Jurisdiction. If the Police don’t investigate or register a case, a person can approach the Magistrate, who can order the police to conduct the investigation. This ensures that even if the police don’t take action, the Court can step in to ensure Justice.

• Clause 1- Cognizable Offence: Police officers can investigate any cognizable offense within their area.
• Clause 2- Power of Investigation: Police actions during the investigation cannot be challenged in Court.
• Clause 3- Magistrate’s Order: A magistrate can direct the police to investigate a cognizable offence.

It allows the police to act on serious crimes and also gives the Magistrate oversight power.

Legal Provisions of Section 156 (3) Of The Criminal Procedure Code (CrPC) Are As Follows:

The Legal provisions of section 156 of the Criminal Procedural Code (CrPC) of the Criminal Procedure Code are as follows:

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.

• Power of Magistrate: A magistrate can order the police to investigate a cognizable offence if the police have not done so.
• Application: This can be done upon receiving a complaint or petition from an individual alleging that the police have failed to investigate or register an FIR.
• Purpose: The provision ensures that serious offences are investigated even if the police initially refuse to Act.

In essence, Section 156(3) provides a mechanism for ensuring that investigations are conducted in cases where the Police have neglected or failed to act.

Simplified Explanation For CrPC Section-156(3)

Clause 3 of Section 156 of the CrPC allows a Magistrate to order the police to investigate a cognizable offence if the police haven’t acted on their own. If a person feels the police aren’t investigating a serious crime properly, they can ask the Magistrate, who can then direct the police to investigate the matter. This ensures the investigation happens even if the police are inactive.

Practical Examples Related To The Clause (3) Section 156 CrPC

Police Refusal To Register FIR In A Theft Case

Scenario- 1

A person’s house is robbed, and they approach the police to file an FIR. The police refuse to register the complaint, claiming it’s a minor issue or due to personal bias.

Action Under Section 156(3)

The person can approach the Magistrate under Clause 3 of section 156, applying with an affidavit. The Magistrate, upon finding merit in the application, orders the police to register the FIR and start the investigation.

Example

In Sakiri Vasu v. State of Uttar Pradesh(2008), the Supreme Court affirmed that a person can directly approach a magistrate under section 156(3) if the police fail to register an FIR.

Police Inaction In Domestic Violence Case

Scenario-2

A woman suffering domestic violence goes to the police station to file a complaint, but the police refuse to act, citing it as a family matter.

Action Under Section 156(3)

The woman can apply to section 156(3) before the Magistrate, who can then order the Police to magistrate the FIR and investigate the domestic violence case.

Example

In cases of domestic abuse where police inaction is common, Magistrates have their power under section 156(3) to ensure an investigation proceeds fairly, protecting the victim’s rights.

These illustrations show how Clause 3 of Section 156 empowers individuals to seek Justice when Police refuse to Act.

Penalties And Punishment Of Clause

Clause 3 of Section 156 focuses on the process of investigation, not the penalties. The actual punishment is determined based on the nature of the offense, following the investigation.

Section 156(3) of the CrPC itself does not prescribe penalties or punishment. It is a procedural provision that allows a Magistrate to order the police to investigate a cognizable offence. The penalties and punishments depend on the offence being investigated, as outlined in the Indian Penal Code (IPC) or other relevant laws.

Recent Changes Of Clause (3) Section 156 CrPC

Recent changes related to clause 3 of section 156 of the CrPC focus on preventing its misuse and ensuring that legal proceedings are handled fairly. Key updates include:

Mandatory Affidavit Requirement:

This affidavit ensures that complainants are truthful and prevents the filing of false or frivolous complaints. The Court emphasized that section 156(3) should not be misused to harass others.

As reinforced by the Priyanka Srivastava v. State of Uttar Pradesh (2015) case, an application under section 156(3) must be accompanied by an affidavit.

Limited Magistrate Power:

The Court has clarified that the Magistrate can only order an investigation under section 156(3) before taking cognizance of the offence. Once cognizance is taken, the Magistrate cannot interfere with the ongoing police investigation.

These changes aim to increase accountability, ensure fair use of the Magistrate’s Powers, and maintain transparency in the Criminal Investigation process.

Summary

Clause 3 of Section 156 of the Criminal Procedure Code (CrPC) in India deals with the powers of a Police Officer to investigate a cognizable offence. It stipulates that a Police Officer has the authority to investigate a cognizable offence without requiring a Magistrate’s order. This means that when a cognizable offence is reported, the Police can immediately commence an investigation and gather evidence without requiring prior approval from a Magistrate. The provision empowers the Police to act swiftly in cases where immediate action is necessary to prevent further harm or to ensure evidence crucial to the investigation.