Section 137 of the Bharatiya Nyaya Sanhita (BNS), 2023
⚖️ Section 137 – Power to Order Investigation
🧾 Purpose of Section 137
Section 137 empowers certain authorities to order an investigation into offences or complaints, even if the police have not yet initiated it. This section helps ensure that serious complaints or offences do not go uninvestigated.
📘 Key Provisions of Section 137
Who Can Order Investigation?
The magistrate or any other authorized authority empowered by law can order the police or appropriate agency to investigate a complaint or suspicion of an offence.
When Can This Power Be Used?
When a complaint is received but police have not registered a case or started investigating.
When the complaint involves serious offences that require official inquiry.
When the authority believes that an investigation is necessary in the interest of justice.
Effect of Order
Upon such an order, the police or agency must commence or continue investigation as directed.
The investigation should be conducted promptly and impartially.
The findings must be reported back to the authority ordering the investigation.
⚠️ Importance of Section 137
Prevents inaction or negligence in registering or investigating complaints.
Ensures that serious offences receive due attention.
Empowers magistrates to oversee and control investigations, maintaining fairness.
Protects the rights of victims and the public interest.
✅ Example
Suppose a person complains about a financial fraud, but the police do not register a case or investigate. The magistrate, on receiving this complaint, can:
Order the police to investigate the matter,
Direct the investigation process,
Monitor progress to ensure justice is served.
🔍 Summary Table
| Aspect | Details |
|---|---|
| Authority to Order | Magistrate or authorized official |
| Purpose | To initiate or direct investigation |
| When Applicable | When no investigation exists or complaint is serious |
| Duty of Police | Commence or continue investigation promptly |
| Reporting | Report findings to ordering authority |
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