Crpc sec 157

Lecture 5

1. CRIMINAL PROCEDURE CODE CHAPTER XII SECTION 157: Procedure for investigation. BY ARUNDHATI BANERJEE MLC My Law Corner

2. BARE ACT LANGUAGE EXPLAINED (1) If from information received or otherwise, an officer in charge of a police station has reason to suspect the commission of an offence which he is empowered under section 156 to investigate, he shall forthwith send a report of the same to a Magistrate empowered to take cognizance of such offence upon a police report and shall proceed in person, or shall depute one of his subordinate officers not being below such rank as the State Government may, by general or special order prescribe in this , to proceed to the spot to investigate the facts and circumstances of the case, and if necessary, to take measures for the discovery and arrest of the offender. AS SOON AS POSSIBLE FLOW CHART FOR EASY EXPLAINATION INVESTIGATION RECORD REPORT TO MAGISTRATE SHALL PROCEED ON THE SPOT DISCOVERY ARREST HIMSELF OR DEPUTE SOMEONE ELSE MLC My Law Corner

3. SECTION 157 CONTINUED… Provided that- When information as to the commission of any such offence is given against any person by name and the case is not a serious nature , the officer in charge of a police station need not proceed in person or depute a subordinate officer to make an investigation on the spot ; If it appears to the officer in charge of a police station that there is no sufficient ground for entering on an investigation, he shall not investigate the case. OFFENCE NOT OF SERIOUS NATURE NO SUFFICIENT GROUND NO NEED TO PROCEED TO THE SPOT NO NEED FOR INVESTIGATION REASONS ARE COMPULSORY INFORM THE INFORMANT FLOW CHART FOR EASY EXPLANATION MLC My Law Corner

4. SECTION 157 CONTINUED… Provided further that in relation to an offence of rape, the recording of statement of the victim shall be conducted at the residence of the victim or in the place of her choice and as far as practicable by a woman police officer in the presence of her parents or guardian or near relatives or social worker of the locality. POLICE OFFICER INVESTIGATE RESIDENCE WITH PARENTS OR GUARDIANS WOMEN SOCIAL WORKER FLOW CHART FOR EASY EXPLANATION MLC My Law Corner

5. SECTION 157 CONTINUED… (2) In each of the cases mentioned in clauses (a) and (b) of the proviso to the sub-section (1), the officer in charge of the police station shall in his reasons for not fully complying with the requirements of that sub-section , and, in the case mentioned in clause (b) of the said prescribed by the State Government, the fact that he will not investigate the case or cause it to be investigation. MLC My Law Corner IN EASY WORDS If the police officer has not given the reasons for not complying investigation of a case fully then he has to mention it as per the State Government rules stating why he did not investigate the case.

6. POINTS TO REMEMBER Section 157 applies upon both cognizable offence and non cognizable offence. In case of non cognizable offence the permission of Magistrate is firstly required under Section 155(2) and thereafter the proceedings of Section 157 read with Section 155(3) will apply. The words ‘or otherwise’ are wide enough to include every source of information other than that furnished and recorded under Section 157. The expression ‘forthwith’ connotes within a reasonable time and without any unreasonable unexpected inordinate delay. The report which is being sent to the magistrate is termed as the Occurrence Report. The police officer acting under Section 157(1) is required to send a report to the magistrate having jurisdiction over the matter, stating that a cognizable offence is suspected to have been committed and that he has taken up the investigation himself or has deputed one of his subordinates to investigate the case. The object of the report is to enable the magistrate to have an early information of any serious case so that he can act himself if need be. Section 157 puts duty on a police officer, officer-in-charge of a police station, to investigate the offence to which he gets information. This duty further gets mandate from Section 23 of Police Act, 1861. MLC My Law Corner

7. MLC My Law Corner POINTS TO REMEMBER CONTINUED… There is no principle and binding authority to hold that the moment a competent police officer, on the basis of information received makes out a FIR incorporating his name as the informant, he forfeits his right to investigate. The question of bias would depend upon the facts and circumstances of each case and it is not proper to lay down a board and unqualified proposition. There is some discretion allowed to a police officer acting under this Section. If the officer in-charge of a police station is of the opinion or if it is so appears to him, that there is no sufficient ground for an investigation, he shall not investigate the case. Where the police officer does not proceed with the investigation of the case on receipt of the FIR he shall record reasons for not fully complying with the requirements of this Section.. And shall also forthwith notify to the informant, was also made on disclosure by accused. It was held that accused cannot be acquitted only because he was not named in FIR.

8. CASES RELATED TO THIS SECTION PALA SINGH vs. STATE OF PUNJAB AIR 1972 The purpose is to ensure that the Judicial Magistrate should come to know that a particular crime has been committed in his jurisdiction and also the police officer will be made accountable to the Judicial magistrate that if he is not investigating. Most importantly the Judicial Magistrate will get a copy of FIR and thus, he will be able to get a check upon any manipulation made by the Police officer in the FIR. This provision is really designed to keep the magistrate informed of the investigation of a cognizable offence so as to be able to control the investigation and if necessary give appropriate direction under Section 159. LALITA KUMARI vs. STATE OF U.P. AIR 2014 The Court contemplates two kinds of FIRs. The duly signed FIR under Section 154(1) is by the informant to the concerned officer at police station. The second kind of FIR could be which is regarded by the police itself on any information received other than by way of an informant under Section 157(1) and even this information has to be duly recorded and the copy should be sent to the magistrate forth with. MLC My Law Corner

9. MLC My Law Corner CASES CONTINUED… OM PRAKASH vs. STATE AIR 1974 Section 157 provides the manner in which investigation is to be conducted where the commission of a cognizable offence is suspected and authorities an officer-in-charge of a police station not to investigate if he considers that there is no sufficient ground for such investigation. Further, this section requires that immediate intimation of every complaint/ information of the commission of cognizable offence shall be sent to the magistrate having jurisdiction. Thus, it regulates the procedure for investigation. ISHWAR SINGH vs. STATE OF U.P. AIR 1976 The Extraordinary Delay in sending the FIR is a circumstance which provides a legitimate basis for suspecting that the report was recorded much later than the stated date and about affording sufficient time to the prosecution to introduce improvements and embellishments and set up a distorted version of the occurrence. SARWAN SINGH vs. STATE OF PUNJAB AIR 1976 Cogent and reasonable explanation for the delay in dispatch of FIR is not a circumstance which can throw out the prosecution case in its entirety.

10. MLC My Law Corner CASES CONTINUED… SIDDHARTH VASHISHT vs. STATE OF DELHI AIR 2010 Delay in examination of witnesses has been held to be not a ground to throw away the testimony of the witnesses. BIJOY SINGH vs. STATE OF BIHAR AIR 2002 The magistrate is under a duty on receiving copies of FIR, particularly those relating to heinous kinds, such as murder, to know the date and time of receipt. DIRECTORATE OF ENFORCEMENT GURU SWAROOP vs. SRIVASTAVA AIR 2006 The Supreme Court has held that issuance of show-cause notice to investigating agency by the High Court does not necessarily mean that further investigation cannot be done. RAM RAO vs. STATE AIR 1996 Delay in dispatch of the FIR to the magistrate would not affect the prosecution case unless any prejudice was caused to the accused on account of such delay. KIRTAN BHUYAN vs. STATE OF ORRISA AIR 1992 The investigating officer need not follow each and every suggestion made during investigation.

11. THANK YOU PLEASE LIKE AND SUBSCRIBE MLC My Law Corner