S. 156(3) CrPC: Magistrate Should Order Police Investigation When Cognizable Offence Is Prima Facie Found,...
Section 156(3) CrPC: Magistrate’s Power to Order Police Investigation Upon Prima Facie Finding of Cognizable Offence
Text of Section 156(3) CrPC
“If, upon information received or otherwise, a Magistrate considers that there is sufficient ground for conducting an investigation, he may order such an investigation to be made by the police.”
Key Legal Principles
Scope and Nature of Power
Section 156(3) confers statutory power on a Magistrate to direct the police to investigate a cognizable offence.
This power is independent and supervisory, enabling the Magistrate to initiate investigation even if police have not registered an FIR.
The Magistrate does not conduct the investigation but orders the police to do so.
Prima Facie Satisfaction
The Magistrate must be satisfied on a prima facie basis that the complaint or information discloses a cognizable offence.
This is a preliminary assessment, not a final determination of guilt or innocence.
Once such satisfaction exists, the Magistrate is mandated to order investigation.
Non-Discretionary Nature
Courts have held that the Magistrate’s power under Section 156(3) is not discretionary but mandatory once cognizable offence is prima facie established.
The Magistrate cannot refuse to order investigation merely on flimsy grounds or police objections.
Protective Jurisdiction
Section 156(3) serves as a safeguard for complainants who face police inaction or refusal to register FIR.
It ensures that judicial oversight compels police to act lawfully and investigate genuine complaints.
Important Case Laws
1. Bhajan Lal v. State of Haryana, AIR 1992 SC 604
Supreme Court stressed the need for investigation if prima facie case is made out.
It held that Magistrates cannot refuse to order investigation under Section 156(3) CrPC just because the police declined to register an FIR.
Investigation must be ordered to protect citizens’ rights and uphold the rule of law.
2. Lalita Kumari v. Govt. of UP, (2014) 2 SCC 1
Landmark judgment clarifying the mandatory nature of registration of FIR and investigation where cognizable offence is disclosed.
Emphasized the Magistrate’s role under Section 156(3) CrPC to order investigation if police fail to act.
It is a constitutional obligation to ensure police accountability.
3. State of Haryana v. Bhajan Lal, (1992) 1 SCC 335
The Court held that if the complaint or information discloses a cognizable offence, the Magistrate must order the police to investigate under Section 156(3).
Reiterated that investigation cannot be denied merely on the police’s subjective opinion.
4. Joginder Kumar v. State of UP, AIR 1994 SC 1349
Court noted the importance of early investigation under Magistrate’s direction.
The Magistrate’s power under Section 156(3) is critical in preventing police abuse.
5. Krishna Ram Mahale v. State of Maharashtra, (2008) 16 SCC 425
Held that Magistrate’s satisfaction must be based on prima facie materials, and once found, investigation must be ordered.
Emphasized judicial control over police functioning.
Judicial Interpretation: Stepwise Process
| Step | Explanation |
|---|---|
| Receipt of Complaint | Magistrate receives complaint or information about alleged offence |
| Preliminary Scrutiny | Magistrate examines if complaint discloses a cognizable offence |
| Prima Facie Satisfaction | Magistrate forms prima facie opinion that offence is cognizable |
| Direction to Police | Magistrate must order police to register FIR and conduct investigation |
| No Discretion to Decline | Magistrate cannot refuse investigation simply because police refuse |
Practical Significance
Victims and complainants get judicial remedy when police refuse to register FIR.
The Magistrate’s power under Section 156(3) acts as a check on police inaction or mala fide refusal.
Ensures accountability and transparency in criminal justice administration.
Facilitates early and proper investigation before the matter proceeds to trial.
Summary Table
| Aspect | Explanation |
|---|---|
| Statutory Provision | Section 156(3) CrPC empowers Magistrate to order police investigation |
| Prima Facie Cognizable Offence | Necessary pre-condition to exercise power |
| Nature of Power | Mandatory, not discretionary |
| Judicial Oversight | Protects against police inaction |
| Key Judgments | Bhajan Lal, Lalita Kumari, Joginder Kumar, Krishna Ram Mahale |
Conclusion
Section 156(3) CrPC is a vital judicial tool that empowers Magistrates to ensure police investigate cognizable offences once a prima facie case is made out. The power is mandatory and protective, preventing denial or delay in investigation by police. The Supreme Court and High Courts have consistently upheld this principle to safeguard victims' rights and uphold the rule of law.
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