CrPC Section 515
CrPC Section 515: Power of Magistrate to Investigate Certain Offences
Text of Section 515 (paraphrased for clarity):
"A Magistrate of the first class may either by himself or by a police officer, investigate an offence which is non-cognizable or is otherwise investigable under this Code, and may direct the submission of a report of such investigation."
Key Points to Understand:
Applicability:
Applies to non-cognizable offences, i.e., offences where police cannot register an FIR or investigate without the magistrate’s permission.
Examples: Simple hurt, defamation, minor theft (depending on severity).
Authority of Magistrate:
Magistrate of the First Class can personally conduct the investigation or direct it through a police officer.
This ensures that non-cognizable cases can still be investigated under proper supervision.
Purpose:
To collect evidence, record statements, and understand facts before deciding on further action.
The investigation report helps the magistrate decide whether to take cognizance of the offence, i.e., formally proceed with legal action.
Submission of Report:
The person or officer conducting the investigation submits a report to the magistrate.
Based on this report, the magistrate may direct prosecution, drop the case, or take other necessary action.
Illustration / Example:
Non-Cognizable Case Example:
A minor dispute leads to a small property damage.
Since it’s non-cognizable, police cannot investigate on their own.
A First-Class Magistrate orders an investigation, either personally or through an officer.
After the investigation, the magistrate decides whether to issue summons or dismiss the case.
Controlled Investigation Example:
In a case of minor defamation, the magistrate may direct a police officer to record statements from the complainant and witnesses.
This ensures proper documentation and fairness before any prosecution.
✅ In short:
Section 515 CrPC empowers a First-Class Magistrate to investigate non-cognizable or investigable offences, either personally or through police, and to obtain a report to decide further action. It ensures judicial supervision over such cases.
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