Section 156 of CrPC : Section 156: Police Officer?S Power To Investigate Cognizable Case

Explanation using Example

Imagine a scenario where there has been a burglary in a residential area. The homeowner reports the crime to the local police station. The officer in charge recognizes the crime as a cognizable offense, meaning it is serious enough that an arrest can be made without a warrant and an investigation can begin immediately. According to Section 156(1) of The Code of Criminal Procedure, 1973, the officer can start the investigation without needing to get a prior order from a Magistrate.

During the investigation, the police gather evidence and question witnesses. Even if someone questions the authority of the police officer to investigate this burglary, Section 156(2) protects the proceedings of the officer, stating that the investigation cannot be questioned on the grounds of the officer's power to investigate.

If the case requires further investigation and a Magistrate is made aware of the situation, as per Section 156(3), the Magistrate has the power to order an investigation into the burglary.

In Maharashtra, however, if the suspect of the burglary is a public servant, and the act was done while performing official duties, the police would need to get previous sanction as per the state amendment to Section 156, before investigating the public servant. This is to ensure that public servants are not harassed for actions taken in the course of their official duties. If the sanctioning authority does not respond within 90 days, the sanction to investigate is considered to have been granted automatically.