IPC Section 156
IPC Section 156: Police officer’s power to investigate a cognizable case without the order of a magistrate
Text of the Section:
Section 156: (1) Any officer-in-charge of a police station may, without the order of a Magistrate, investigate any cognizable case which a complaint is made, or information is received, or otherwise comes to his knowledge.
(2) Such officer may arrest the accused or take other necessary steps to prevent the commission of any offence.
Detailed Explanation:
1. What is a Cognizable Case?
A cognizable offence is a serious offence where the police have the authority to register a case and start investigation without prior approval from a magistrate.
Examples include murder, theft, assault, rape, etc.
2. Who is the Officer-in-charge?
The head of a police station or the officer responsible for that police station.
3. What Powers Does Section 156 Give?
The police officer can register the First Information Report (FIR) and begin an investigation on receiving information or complaint about a cognizable offence without waiting for magistrate’s permission.
The officer can also arrest suspects or take steps to prevent further offences.
4. Why is this Important?
It allows prompt police action in serious cases to protect society.
Ensures that delays don’t occur due to bureaucratic procedures.
Gives the police the authority to act on complaints or information quickly.
5. Limitations
This power is specifically for cognizable offences.
For non-cognizable offences, the police require magistrate’s permission to investigate.
Example Scenario:
A complaint is made at a police station about a burglary.
Since burglary is a cognizable offence, the police officer can immediately register the FIR, start investigation, and arrest suspects under Section 156.
Summary Table:
| Aspect | Explanation |
|---|---|
| Who? | Officer-in-charge of a police station |
| What? | Can investigate cognizable cases without magistrate’s order |
| Includes | Register FIR, arrest accused, take preventive steps |
| Scope | Only cognizable offences |
RELATED Blog
0 comments