Section 157 of CrPC : Section 157: Procedure for investigation.
CrPC
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Explanation using Example
Example 1:
Scenario: A theft has occurred in a local market.
Details:
- A shopkeeper reports to the police that his shop was broken into and goods worth ₹50,000 were stolen.
- The officer in charge of the police station receives this information and suspects the commission of an offence.
Application of Section 157:
- The officer sends a report of the theft to the Magistrate who is empowered to take cognizance of such offences.
- The officer then proceeds to the market in person to investigate the facts and circumstances of the case.
- During the investigation, the officer collects evidence, interviews witnesses, and takes necessary measures to discover and arrest the offender.
Outcome:
- The investigation leads to the identification and arrest of the suspect, who is then charged with theft.
Example 2:
Scenario: A minor road accident occurs, and the parties involved settle the matter amicably.
Details:
- Two vehicles collide at a traffic signal, causing minor damage. Both drivers exchange contact information and agree to handle the repairs without involving the police.
- A bystander, however, reports the accident to the police.
Application of Section 157:
- The officer in charge of the police station receives the information but determines that the case is not of a serious nature and the parties involved have settled the matter.
- According to the proviso (a) of Section 157(1), the officer decides not to proceed in person or depute a subordinate officer to investigate the spot.
Outcome:
- The officer records the reasons for not fully complying with the investigation requirements in his report.
- The officer notifies the informant (the bystander) that the police will not investigate the case further.
Example 3:
Scenario: A woman reports a case of rape.
Details:
- A woman reports to the police that she has been raped.
- The officer in charge of the police station receives this information and suspects the commission of an offence.
Application of Section 157:
- The officer sends a report of the rape to the Magistrate who is empowered to take cognizance of such offences.
- The officer ensures that the statement of the victim is recorded at her residence or a place of her choice.
- As far as practicable, a woman police officer conducts the recording of the statement in the presence of the victim's parents, guardian, or a social worker from the locality.
Outcome:
- The victim's statement is recorded in a manner that ensures her comfort and safety.
- The investigation proceeds with sensitivity to the victim's circumstances, leading to the identification and arrest of the suspect.
Example 4:
Scenario: A false alarm about a burglary.
Details:
- A resident calls the police, claiming that a burglary is in progress at a neighbor's house.
- The officer in charge of the police station receives the information but, upon preliminary assessment, finds no sufficient ground to believe that a burglary has occurred.
Application of Section 157:
- According to proviso (b) of Section 157(1), the officer decides not to investigate the case further.
- The officer records the reasons for not entering on an investigation in his report.
- The officer notifies the informant (the resident) that the police will not investigate the case further.
Outcome:
- The police do not proceed with an unnecessary investigation, saving resources and avoiding inconvenience to the neighbor.
- The informant is informed about the decision, ensuring transparency in police actions.
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