Procedure For Investigation Where Cognizable Offence Suspected

Abstract

This paper explains the procedural law for investigation of any cognizable offence contained in section 157 of the Code of Criminal Procedure, 1898. Police is bound to register an FIR under section 154 but has the discretion to investigate or decline where the officer in charge of a police station considers that there is no sufficient ground for entering on an investigation. The law imposes a duty on the Police officer to inform of such decline on the prescribed form to his superior and Magistrate and also to notify it to the Informant. The text of the relevant law is to the effect that: “157. Procedure where cognizable offence suspected. (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 officer not below such rank as the Provincial 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: Provided as follows: (a) Where local investigation dispensed with, when any 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) Where police-officer in charge sees no sufficient ground for investigation, 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 case mentioned in clauses (a) and (b) of the proviso to subsection (1), the officer in charge of a police-station shall state in his said report his reasons for not fully complying with the requirements of that sub-section, and in the case mentioned in clause (b), such officer shall also forthwith notify to the informant if any, in such manner as may be prescribed by the Provincial Government, the fact that he will not investigate the case or cause it to be investigated.”