Code of Criminal Procedure, 1973 · 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The Code of Criminal Procedure, 1973 was repealed and replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. It still applies to matters and proceedings from before that date, as the repealing law provides.
In plain words
The officer in charge of a police station can investigate any cognizable case within the local court's jurisdiction without a Magistrate's order. Their actions cannot later be challenged on the ground that they were not empowered to investigate. A Magistrate empowered under section 190 can also order such an investigation.
A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.
Read the in-depth explanation, with key Supreme Court rulings ↓
Official text
(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. 1. Ins. by Act 13 of 2013, s. 13 (w.e.f. 3-2-2013). 2. Subs. by Act 22 of 2018, s. 11, for —section 376A, section 376B, section 376C, section 376D‖ (w.e.f. 21-4-2019).
Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.
Source: India Code (Legislative Department), the text of the Act as it stood before its repeal. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Understanding this section
Section 156 gives the police power to investigate cognizable offences without a Magistrate's order. Sub-section (3) is the important one in practice: it lets a Magistrate order the police to register and investigate a case, often used when the police refuse to register an FIR.
Police power to investigate
The officer in charge of a police station can investigate any cognizable case within the area. Sub-section (2) prevents an investigation being challenged later on the ground that the officer lacked power under this section.
Magistrate's power under sub-section (3)
A Magistrate empowered to take cognizance can order investigation. This is a pre-cognizance stage: the Magistrate does not take cognizance himself but directs the police to investigate. He can also monitor the investigation and order the FIR to be registered.
Safeguards against misuse
Because section 156(3) applications were being filed routinely to harass, the Supreme Court required that applicants first approach the police under section 154(1) and the Superintendent under section 154(3), and that the application be supported by an affidavit. The BNSS now writes the affidavit requirement into the statute.
Alternative to writ petitions
A person whose FIR is not registered should use sections 154(3), 156(3) and 200 rather than rushing to the High Court; the courts will ordinarily not entertain writs seeking investigation where these remedies exist.
Key Supreme Court rulings
Sakiri Vasu v. State of U.P. 2007 INSC 1243
An aggrieved person has no right to investigation by an agency of his choice; where the FIR is not registered, he should use sections 154(3), 156(3) and 200; the Magistrate's power under section 156(3) includes ensuring a proper investigation.
Priyanka Srivastava v. State of U.P. (2015) 6 SCC 287
Before applying under section 156(3), the applicant must have approached the police under sections 154(1) and 154(3), and the application must be supported by an affidavit, to deter routine and harassing applications.
Om Prakash Ambadkar v. The State of Maharashtra 2025 INSC 139
Traced how the judicial evolution of section 156(3), including the affidavit requirement, led to the changes now made in the BNSS.
Common mistakes
- Filing a section 156(3) application without first approaching the police and without an affidavit.
- Treating a section 156(3) order as cognizance.
Read with: Section 154 CrPC, Section 190 CrPC, Section 200 CrPC, Section 175 BNSS
Prepared with AI assistance as a study aid. Every ruling listed was checked against the Supreme Court's own judgments on this site, and quoted words appear in those judgments; linked names open the full judgment. Read the judgments themselves before relying on them. Not legal advice.
Supreme Court judgments citing the section 156
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Sadiq B. Hanchinmani v. The State of Karnataka & Ors.
Issue arose whether the direction for investigation to the police issued by the JMFC-Judicial Magistrate First Class u/s.156(3) CrPC which was quashed by the impugned orders, justified; and whether the JMFC had…
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State of Rajasthan v. Parmeshwar Ramlal Joshi and Others
Issue arose whether the High Court was justified in reviewing its earlier orders while exercising jurisdiction u/s.528 BNSS [s.482 CrPC]
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Devendra Kumar v. The State (Nct of Delhi) & Anr.
High Court affirmed the order passed by the CMM directing registration of the FIR against the petitioner for offences punishable u/ss.186 and 341, Penal Code, 1860. Whether the CMM erred in involving the police in a…
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Kallu Nat Alias Mayank Kumar Nagar v. State of U.P. and Anr.
Whether the Court of Session, without itself recording evidence, can summon a person to stand trial in exercise of its powers u/s.193, Code of Criminal Procedure, 1973 as an accused (along with others committed to it by…
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Urmila Devi & Others v. Balram & Another
Issue arose as regards correctness of the impugned order passed by the High Court dismissing the application filed by the appellants u/s.482 CrPC to quash the complaint u/ss.419, 420, 467, 468 and 471 IPC pending before…
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S.N. Vijaylakshmi & Ors. v. State of Karnataka & Anr.
Whether any criminal offence in the background of the factual position is made out to justify criminal proceedings against the appellants and whether the same should proceed; whether on the same cause of action, based…
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Chirag Sen and Another Etc. v. State of Karnataka and Another
Issue arose as regards the correctness of the order passed by the High Court declining to quash the criminal proceedings initiated against the appellants-accused on the allegations relating to falsification of birth…
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Anurag Bhatnagar & Anr. v. State (NCT of Delhi) & Anr.
(i) Whether the High Court in exercise of its power u/s.482 of CrPC or under Art.226/227 of the Constitution is justified in refusing to quash the FIR No.380/2005, u/ss.420, 120-B and 34 of the IPC and the order dated…
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NDA Securities Ltd. v. State (NCT of Delhi) & Anr.
Whether the High Court was justified in allowing the petition u/s.482 of the CrPC filed by respondent no.2 (through its Director); thereby directing the release of Rs. 15.90 lakhs being withheld by the Bombay Stock…
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K.P. Tamilmaran v. The State by Deputy Superintendent of Police
Whether the High Court was justified in upholding the conviction and sentence of A-15 under Sections 217, 218, Penal Code, 1860 and ss.3(2)(i), 4, SC/ST Act, 1989 and modifying the conviction and sentence of A-14, while…
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Sivakumar v. The Inspector of Police & Anr.
Issue arose as regards the correctness of the order passed by the High Court dismissing appellant’s petition u/s.482 CrPC seeking quashing of chargesheet against him.
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Rikhab Birani & Anr. v. State of Uttar Pradesh & Anr.
Whether the High Court erred in dismissing the s.482, CrPC application filed by the appellants despite the matter being civil in nature.
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S.C. Garg v. State of Uttar Pradesh & Anr.
The appellant’s petition u/s.482 of the Criminal Procedure Code, 1973 seeking quashment of Criminal Case No. 7489 of 2002 pending on the file of Chief Judicial Magistrate for offences u/s.420 of the Penal Code, 1860 was…
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Sushila & Ors. v. State of U.P. & Ors.
Whether High Court correctly disposed of the prayer for quashing of the summoning order issued by the Trial Court in Complaint Case u/ss.498A, 323, 504, 506 of the Penal Code, 1860 and s.4 of the Dowry Prohibition Act,…
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Suresh Kumar Agarwal v. M/s Haldia Steels Limited & Anr.
Whether the High Court erred in directing further investigation into the highly belated complaint filed by the complainant-Company after unexplained delay of six years by twisting and manipulating the facts to give a…
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Amit Kumar & Ors. v. Union of India & Ors.
(i) What is the scope of section 174 CrPC and how is it different from investigation pursuant to filing of FIR under section 154 CrPC. (ii) Whether recourse to inquest proceedings under Section 174 of the CrPC by the…
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Kanishk Sinha & Another v. The State of West Bengal & Another
Whether the High Court was justified in holding that the direction issued in Priyanka Srivastava v. State of Uttar Pradesh [2015] 4 SCR 108 that a complaint will be accompanied by an affidavit is prospective in nature…
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State of Rajasthan v. Surendra Singh Rathore
Issue arose as to whether the registration of the subsequent FIR is legally permissible and whether the High Court was correct in exercising its inherent powers in quashing the same.
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Om Prakash Ambadkar v. The State of Maharashtra & Ors.
Magistrate passed an order under Section 156(3), Code of the Criminal Procedure, 1973 directing registration of FIR against the appellant-accused for the offences punishable under Sections 323, 294, 500, 504 & 506,…
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B.N. John v. State of U.P. & Anr.
Appellant herein has sought quashing of criminal proceedings arising under sections 353 and 186 of IPC.
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Rajeev Kumar Upadhyay v. Srikant Upadhyay & Ors.
The victim was subjected to grave accusations and was also disrobed and assaulted in public. The Court take this as an opportunity to refer and reaffirm the commitment to the ideals of equality and justice for all.
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Subrata Choudhury @ Santosh Choudhury & Ors. v. The State of Assam & Anr.
Whether after the acceptance of a negative Final Report in the first complaint, upon considering the written objections/protest petition and hearing the complainant, a fresh/second complaint on the same set of facts is…
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Somjeet Mallick v. State of Jharkhand & Others
Whether the High Court was justified in quashing the FIR, the cognizance order and the proceedings in pursuance thereof without considering the materials collected during investigation.
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Mandakini Diwan and Anr. v. The High Court of Chhattisgarh & Ors.
Matter pertains to investigation as regards the suspicious death of the wife of senior judicial officer.
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Delhi Race Club (1940) Ltd. & Ors. v. State of Uttar Pradesh & Anr.
High Court, if justified in declining to quash and set aside the summoning order passed by the Magistrate, against the appellants-company and its office bearers, for offence punishable u/ss. 406 and 420 IPC.
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Ajwar v. Waseem and Another
High Court, if justified in exercising jurisdiction u/s. 439(1) Cr.P.C for granting regular bail in favour of the accused persons.
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C. Subbiah @ Kadambur Jayaraj and Others v. The Superintendent of Police and Others
Matter pertains to the permissibility of suing the accused for a civil wrong, in relation to the benami transactions, as a corollary, allowing criminal prosecution of the accused in relation to the same cause of action.
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Sharif Ahmed and Another v. State of Uttar Pradesh and Another
Nature of chargesheets filed in some jurisdictions by the State/ Police, without stating sufficient details of the facts constituting the offense or putting the relevant evidence on record; significance of chargesheets…
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Raj Reddy Kallem v. The State of Haryana & Anr.
Appellant was convicted u/s.138 of the Negotiable Instruments Act, 1881. Additionally, an FIR was also filed against the appellant u/ ss.406, 420, 120B, IPC. Parties agreed to compound the offence at the appellate stage…
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Apoorva Arora & Anr. Etc. v. State (Govt. of Nct of Delhi) & Anr.
Whether the use of expletives and profane language in the titles and content of the episodes of the web-series ‘College Romance’ constitutes an offence of publication and transmission of obscene and sexually explicit…
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Dablu Kujur v. The State of Jharkhand
The issue for consideration was the compliance of the requirements of a Police Report under Section 173(2) of the Code of Criminal Procedure, 1973.
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Shatrughna Atmaram Patil & Ors. v. Vinod Dodhu Chaudhary & Anr.
One R (owner) sold premises in dispute to five persons. Thereafter, R committed suicide and left behind a suicide note, naming the tenants, who were in possession of premises in question, as abettors. On the strength of…
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Balvir Singh v. State of Uttarakhand
The High Court affirmed the judgment and order of conviction passed by the Trial Court holding appellant-hus band guilty of the offence of murder punishable u/s.302 of the IPC alongwith the offence punishable u/s. 498A…
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Dhanraj N Asawani v. Amarjeetsingh Mohindersingh
Whether the provisions of s.81(5B) of Maharashtra Co-operative Societies Act, 1960 can be construed as preventing a share holder of the society such as the app ellant, who was also an erstwhile director, from…
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