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What Are The Powers Of Police To Investigate Under Code of Criminal Procedure, 1973?

Chapter XII of Criminal Procedure Code deals with the information to police and their power to investigate the cases,

  • where information is received as to the commission of a cognizable offence under Section 154; Cognizable offences are the ones in which the police do not need a warrant to make the arrest. In cognizable offences, the police officer can investigate on his own without permission from the Magistrate ;

  • where information is received as to the commission of a non-cognizable offence under section 155, Non-Cognizable offences are those offences which require a warrant for arrest. Non-cognizable offences are less serious in nature.

The Police Act defines Police as an instrument for prevention and detection of Crime. Though, Police define most of its powers from the Code of Criminal Procedure, 1973 and the Police Act, 1861.

So, The Power of Investigation of Police starts when;

  • When someone lodges an FIR(First Information Report) under section 154

  • When a Police officer suspects commission of a cognizable offense under section 157(1) & section 156(1)

  • Whenever a competent magistrate orders the Police under section 156(3).

Section 156 of the Cr.P.C. empowers the police officer to investigate a cognizable case without the order of the Magistrate. The police officer can investigate the case only where the Court has the jurisdiction over the local areas.

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