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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The Code of Criminal Procedure, 1973 was repealed and replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024.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.

Now in the BNSS section 175 (Police officer’s power to investigate cognizable case)

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