What is Section 156(3) CrPC?
Section 156(3) of the Code of Criminal Procedure empowers a Magistrate to order the police to register an FIR and investigate a cognizable offence. This is a powerful remedy when the police refuse to register your FIR at the police station. The Magistrate can direct any police officer to investigate the matter and submit a report.
When to Use Section 156(3)
Use this provision when: the police refuse to register your FIR despite a cognizable offence being disclosed; the police are delaying investigation without valid reason; you believe the police will not conduct a fair investigation due to bias or external pressure. This remedy is available before the Judicial Magistrate First Class or Metropolitan Magistrate.
How to File a Complaint
Draft the Application: Your lawyer prepares a detailed application describing the offence, the evidence available, and the police station where the FIR should have been registered. Attach copies of all documents and the written complaint you submitted to the police.
File Before the Magistrate: Submit the application along with an affidavit affirming the facts. The court may hear you briefly.
Magistrate's Order: If satisfied, the Magistrate passes an order directing the police station to register an FIR and investigate. The police must then comply and submit a report.
Follow-Up: After receiving the order, go to the police station with a copy. The police must register the FIR without further delay.
Difference from Private Complaint
Under Section 156(3), the court orders police investigation before taking cognizance. Under Section 200 CrPC (private complaint), the Magistrate takes cognizance directly and may examine the complainant. Section 156(3) is preferable when investigation by police is needed due to the complexity of the case.
Limitations
The Magistrate can only order investigation, not direct a particular officer or method of investigation. The police retain discretion in how they investigate. If the police submit a closure report, the Magistrate can disagree and take cognizance.
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