CrPC Section 152
Section 152 of the Criminal Procedure Code (CrPC), 1973 – Police Officer’s Power to Investigate Cognizable Cases Without Magistrate’s Order
Overview:
Section 152 of the CrPC empowers a police officer to investigate a cognizable offence without the prior order of a Magistrate. This means that when a cognizable offence is reported or comes to the notice of the police, they can immediately begin investigation and take necessary steps without waiting for a Magistrate’s permission.
Text of Section 152 (Simplified):
Whenever a cognizable offence is committed or appears to have been committed, a police officer may:
Investigate the case without the Magistrate’s order, and
Take necessary measures for the detection and investigation of the offence.
The police officer can do this whether or not a complaint is made to him.
Detailed Explanation:
What is a Cognizable Offence?
A cognizable offence is a serious offence where the police have the authority to start investigation and arrest without prior approval from a Magistrate. Examples include murder, robbery, rape, and other major crimes.
Police Officer’s Authority:
Under Section 152, the police have the power to initiate investigation immediately once they become aware of such an offence.
There is no need to obtain prior sanction or order from a Magistrate to start investigation.
Scope of Investigation:
Police can register an FIR (First Information Report),
Collect evidence,
Interrogate witnesses and suspects,
Arrest accused persons if necessary.
Purpose:
To ensure quick and effective investigation of serious crimes,
To prevent delay which could jeopardize the collection of evidence or allow offenders to escape.
Limitations:
This section applies only to cognizable offences.
For non-cognizable offences, police must obtain Magistrate’s permission before investigation (as per Section 155 CrPC).
Relation to Other Sections:
Section 154 CrPC requires police to register an FIR on receiving information about a cognizable offence.
Section 157 CrPC deals with investigation procedures.
Practical Implications:
If a police officer receives information about a robbery, he can immediately start investigation without waiting for a Magistrate’s approval.
This provision enables the police to act swiftly in serious cases to ensure justice is served promptly.
Summary:
Section 152 of the CrPC authorizes police officers to investigate cognizable offences without the Magistrate’s prior order, enabling prompt action against serious crimes. This section is crucial for timely law enforcement and effective crime control.
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