Crpc sec 155
- 1. CRIMINAL PROCEDURE CODE, 1973 CHAPTER XII SECTION 155: Information as to non-cognizable cases and investigation and investigation of such cases. BY ARUNDHATI BANERJEE
- 2. BARE ACT LANGUAGE EXPLAINED (1) When information is given to an officer in charge of a police station of the commission within the limits of such station of a non-cognizable offence, he shall enter or cause to be entered the substance of the information in a book to be kept by such officer in such form as the State Government may prescribe in this behalf, and refer the informant to the Magistrate. GENERAL DIARYGIST FLOW CHART FOR EASY EXPLANATION INFORMATION OFFICER IN CHARGE NON COGNIZABLE OFFENCE ENTER SUBSTANCE IN A BOOK AS PRESCRIBED BY STATE GOVERNMENT REFER THE INFORMANT MAGISTRATE
- 3. SECTION 155 CONTINUED…. (2) No police officer shall investigate a non-cognizable case without the order of a Magistrate having power to try such case or commit the case for trial. Non cognizable offences are more or less considered as private criminal wrongs, the Code therefore, enjoins that no police officer can investigate a non cognizable case without the order of a competent magistrate. IN EASY WORDS
- 4. SECTION 155 CONTINUED… (3) Any police officer receiving such order may exercise the same power in the respect of the investigation (except the power to arrest without warrant) as on officer in charge of a police station may exercise in a cognizable case. Once the police officer is permitted to investigate a non cognizable case, he can exercise the same powers as in respect of a cognizable case, except that he cannot arrest any person without warrant. IN EASY WORDS
- 5. SECTION 155 CONTINUED… (4) Where a case relates to two or more offences of which at least one is cognizable, the case shall be deemed to be a cognizable case, notwithstanding that the other offences are non- cognizable. IN EASY WORDS If there are multiple offences out of which one is a cognizable offence then the whole case will be considered as a cognizable case and other offences will be a part of the charge sheet too.
- 6. POINTS TO REMEMBER • If the objection is raised at initial stages the proceedings can be quashed under Section 482 of Cr.P.C. on the later stages, if the objection is raised, the proceedings will not be quashed rather proceedings will be examined in the light of Section 465 of Cr.P.C. Magistrate can use Section 190 to order investigation.
- 7. CASES RELATED TO THIS SECTION STATE OF ORISSA vs. SHARAT CHANDRA SAHU AIR 1996 It was held that Section 155(4) lays down that where a case relates to two or more offences of which at least one is a cognizable offence the case shall be deemed to be a cognizable case and police officer can investigate into it. PRAVIN CHANDRA vs. STATE OF A.P. AIR 1965 While investigating a cognizable offence and submitting a charge sheet for the same the police is not debarred from investigating non cognizable offence arising out of the same facts and including them in their final report. KESHAVLAL vs. STATE OF BIHAR AIR 1996 It was held that in the course of illegal investigation in the non-cognizable cases the accused can file an application under Section 482 Cr.P.C. for quashing of the investigation at initial stage. Even magistrate may upon the police report refuse to take cognizance.
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