Скачать или смотреть Landmark Judgment on Complaint Case U/S 156(3)

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154. Information in cognizable cases.—(1) Every information relating to the commission of a cognizable
offence, if given orally to an officer in charge of a police station, shall be reduced to writing by him or under his
direction, and be read over to the informant; and every such information, whether given in writing or reduced to
writing as aforesaid, shall be signed by the person giving it, and the substance thereof shall be entered in a book to
be kept by such officer in such form as the State Government may prescribe in this behalf:
[Provided that if the information is given by the woman against whom an offence under section 326A, section 326B, section 354, section 354A, section 354B, section 354C, section 354D, section 376, 1
[section 376A,
section 376AB, section 376B, section 376C, section 376D, section 376DA, section 376DB], section 376E or section
509 of the Indian Penal Code (45 of 1860) is alleged to have been committed or attempted, then such information
shall be recorded, by a woman police officer or any woman officer:
Provided further that—
(a) in the event that the person against whom an offence under section 354, section 354A, section 354B,
section 354C, section 354D, section 376, 1
[section 376A, section 376AB, section 376B, section 376C,
section 376D, section 376DA, section 376DB], section 376E or section 509 of the Indian Penal Code (45 of
1860) is alleged to have been committed or attempted, is temporarily or permanently mentally or physically
disabled, then such information shall be recorded by a police officer, at the residence of the person seeking to
report such offence or at a convenient place of such person’s choice, in the presence of an interpreter or a
special educator, as the case may be;
(b) the recording of such information shall be videographed;
(c) the police officer shall get the statement of the person recorded by a Judicial Magistrate under clause (a)
of sub-section (5A) of section 164 as soon as possible.]
(2) A copy of the information as recorded under sub-section (1) shall be given forthwith, free of cost, to the informant.
(3) Any person aggrieved by a refusal on the part of an officer in charge of a police station to record the
information referred to in sub-section (1) may send the substance of such information, in writing and by post, to the
Superintendent of Police concerned who, if satisfied that such information discloses the commission of a cognizable
offence, shall either investigate the case himself or direct an investigation to be made by any police officer
subordinate to him, in the manner provided by this Code, and such officer shall have all the powers of an officer in
charge of the police station in relation to that offence.
156. Police officer’s power to investigate cognizable case.—(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.
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