Section 156 3 Crpc

Section 156 3 power of magistrate u s 190 to order investigation u s 156.

Section 156 3 crpc. Has to be exercised by the magistrate judicially on proper grounds and not in a mechanical manner. Section 156 3 of crpc though a one line provision has troubled a lot and has been touched upon a lot. There is an implied power in the magistrate under section 156 3 cr p c.

Most of the common man having no idea about the provisions have the concept that section 156 3 can be skipped for speedy trial and a complaint u s 200 crpc as the provision says examination of a complaint by magistrate is a better option because under that the magistrate shall have authority and sanction. If the application does not indicate that any evidence is required to be collected and preserved and the applicant complainant is familiar with the names and addresses of the accused as well as the witnesses then in such a case no investigation by the police is required. And others the hon ble supreme court held that although section 156 3 is very briefly worded there is an implied power in the magistrate under section 156 3 cr p c.

Police officer s power to investigate cognizable case. The power under section 156 3 of the cr. To order registration of a criminal offence and or to direct the officer in charge of the concerned police station to hold a proper investigation and take all such necessary steps that may be necessary for ensuring a proper investigation including monitoring the same.