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CHAPTER XII INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE

Section 156: Police officer’s power to investigate cognizable case

The Code of Criminal Procedure, 1973 (repealed)

Repealed by the Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) with effect from 1 July 2024.

(1) Any officer in charge of a police station may, without the order of a Magistrate, investigate any cognizable case which a Court having jurisdiction over the local area within the limits of such station would have power to inquire into or try under the provisions of Chapter XIII.

(2) No proceeding of a police officer in any such case shall at any stage be called in question on the ground that the case was one which such officer was not empowered under this section to investigate.

(3) Any Magistrate empowered under section 190 may order such an investigation as above-mentioned.

State Amendment (as printed in the official text)

Maharashtra

Amendment of section 156.—In section 156 of the Code of Criminal Procedure, 1973, (2 of 1974) in its application to the State of Maharashtra (Hereinafter referred to as “the said Code”), after sub-section (3), the following provisos shall be added, namely:—

“Provided that, no Magistrate shall order an investigation under this section against a person who is or was a public servant as defined under any other law for the time being in force, in respect of the act done by such public servant while acting or purporting to act in the discharge of his official duties, except with the previous sanction under section 197 of the Code of Criminal Procedure, 1973 (2 of 1974) or under any law for the time being in force:

Provided further that, the sanctioning authority shall take a decision within a period of ninety days from the date of the receipt of the proposal for sanction and in case the sanctioning authority fails to take the decision within the said stipulated period of ninety days, the sanction shall be deemed to have been accorded by the sanctioning authority.”.

[Vide Maharashtra Act 33 of 2016, s. 2.]

Now in the BNSS

As given in the correspondence table of the National Crime Records Bureau (Ministry of Home Affairs). Read both texts before relying on it. NCRB table

156. Police officer’s power to investigate cognizable case. 156(1)BNSS 175(1)

Leading cases

Questions on this section

5 questions in 10 of our papers cite Section 156. Try these from the free papers:

  1. 1. In Priyanka Srivastava v. State of Uttar Pradesh (2015), the Supreme Court held that an application to a Magistrate under Section 156(3) CrPC seeking a direction for investigation:

  2. 2. P's application under Section 156(3) of the Code of Criminal Procedure, 1973 asking the Magistrate to direct an investigation is rejected. P later gives the police information disclosing a cognizable offence on substantially the same allegations, and an FIR is registered. The accused seeks quashing, relying on the earlier rejection. Following Pramod Kumar Shukla v. State of Uttar Pradesh (19 August 2026):

Practise questions on Criminal Law