What is Police officers power to investigate cognizable
case? Procedure for investigation? Report how submitted? Power
to hold investigation or preliminary inquiry? Section 156, 157,
158 and 159 of Code of Criminal Procedure 1973
Police officers power to investigate, cognizable case,
Procedure for investigation, Report how submitted and Power to
hold investigation or preliminary inquiry are defined under
Section 156, 157, 158 and 159 of CRPC 1973. Provisions under
these sections are:
Section 156 of CRPC "Police officers power to investigate
(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
(3) Any Magistrate empowered under section 190 may order such an
investigation as above-mentioned.
Section 157 of CRPC "Procedure for investigation"
(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:
(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
Section 158 of CRPC "Report how submitted"
(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.
Section 159 of CRPC "Power to hold investigation or
Such Magistrate, on receiving such report, may direct an
investigation, or, if he thinks fit, at once proceed, or depute
any Magistrate subordinate to him to proceed, to hold a
preliminary inquiry into, or otherwise to dispose of, the case
in the manner provided in this Code.