CrPC Sections 156, 157, 158 and 159: Police Power to Investigate Cognizable Cases
Sections 156 to 159 of the Code of Criminal Procedure, 1973 formed part of Chapter XII dealing with information to the police and their powers to investigate. This article explains the law applicable under the CrPC before implementation of the Bharatiya Nagarik Suraksha Sanhita, 2023.
| Section | Subject | Core rule |
|---|---|---|
| 156 | Police officer's power to investigate cognizable case | Officer in charge may investigate a cognizable case without an order of a Magistrate, subject to territorial jurisdiction under the Code. |
| 157 | Procedure for investigation | Requires report to the competent Magistrate and investigation of the facts and circumstances where statutory conditions are met. |
| 158 | Report how submitted | Permits routing of the Section 157 report through a superior police officer where the State Government so directs. |
| 159 | Power to hold investigation or preliminary inquiry | Empowers the Magistrate receiving the report to direct investigation or proceed with a preliminary inquiry in the manner provided by the Code. |
Section 156 CrPC: Police officer's power to investigate cognizable case
Meaning: A cognizable case is one in which a police officer may arrest without warrant in accordance with the First Schedule or any other law in force. Section 156 dealt with the authority to investigate such cases.
Sub-section (1): An officer in charge of a police station may, without an order of a Magistrate, investigate a cognizable case which a Court having jurisdiction over the local area within the limits of that police station would have power to inquire into or try under Chapter XIII.
Sub-section (2): A police proceeding in such a case cannot be called in question merely on the ground that the officer was not empowered under this section to investigate it.
Sub-section (3): A Magistrate empowered under Section 190 may order the investigation described in Section 156.
Maharashtra State Amendment to Section 156
The uploaded page records the Maharashtra amendment made by Maharashtra Act 33 of 2016. In its application to Maharashtra, additional provisos concern a Magistrate's order for investigation against a person who is or was a public servant in respect of an act done while acting or purporting to act in discharge of official duties, and the prescribed decision period for sanction. The State amendment should be read with the text legally applicable to the relevant proceeding.
Section 157 CrPC: Procedure for investigation
Meaning: Section 157 prescribed the initial investigation procedure after the officer in charge had reason to suspect commission of an offence that he was empowered to investigate under Section 156.
Sub-section (1): The officer must forthwith send a report to a Magistrate empowered to take cognizance upon a police report and must proceed personally, or depute a subordinate officer of the prescribed rank, to investigate the facts and circumstances and, where necessary, take measures for discovery and arrest of the offender.
First proviso: Where information names a person and the case is not serious, the officer in charge need not personally proceed or depute an officer to investigate on the spot. If there is no sufficient ground for entering on an investigation, the officer shall not investigate.
Rape cases: The further proviso required the victim's statement to be recorded at her residence or a place of her choice and, as far as practicable, by a woman police officer in the presence of the specified supporting persons.
Sub-section (2): Where the officer does not fully comply with the requirements under the proviso, reasons must be stated in the report. If the officer decides that there is no sufficient ground to investigate, the informant must also be notified in the prescribed manner.
Section 158 CrPC: Report how submitted
Meaning: Section 158 regulated the channel through which the report required by Section 157 could be sent to the Magistrate.
Sub-section (1): If the State Government so directs, every report sent to a Magistrate under Section 157 must be submitted through the superior police officer appointed for that purpose by general or special order.
Sub-section (2): The superior officer may give instructions to the officer in charge, record those instructions on the report and transmit the report to the Magistrate without delay.
Section 159 CrPC: Power to hold investigation or preliminary inquiry
Meaning: Section 159 dealt with the Magistrate's options after receiving the police report contemplated by Section 157.
The Magistrate may direct an investigation or, if considered appropriate, proceed at once or depute a subordinate Magistrate to hold a preliminary inquiry or otherwise dispose of the case in the manner provided by the Code.
How Sections 156 to 159 worked together
These provisions formed a connected statutory sequence. Section 156 supplied the basic investigative authority in cognizable cases. Section 157 prescribed the immediate procedure and report to the Magistrate. Section 158 dealt with transmission of that report through a superior police officer where directed by the State Government. Section 159 then set out the Magistrate's powers on receipt of the report.
This page is an informational explanation of the CrPC provisions and is not a substitute for checking the statutory text, State amendments and the law applicable to the facts and date of a particular case.