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The Power of a Magistrate under S.156(3) of the Cr.P.C
The Section 156(3) of the Criminal Procedure Code gives a special power to a magistrate to direct the police to register an FIR and also, if need be monitor the investigation but only in case of a cognizable offence.
According to the Cr.P.C, we come across the term “cognizable”. The term “cognizable offence” or “cognizable case” is encountered many a times. The term cognizance means that a police officer as per the First Schedule or under any other provision for the time being in force can arrest without warrant.
Usually, a complaint about any cognizable offence is registered as an FIR by the police officer under Section 154. For any cognizable offence, the police officer has an obligation to register an FIR but what happens when it is not registered? Many times such a situation has been encountered where even a cognizable offence is not registered as an FIR. There are a rising number of cases where such events occur. The reason behind it can be many. What to do in such situations? Well, the first thing the informant has to do is, approach any Senior Police Officer or the Superintended of Police (SP) with a written application. Even then, if an FIR is not registered or an FIR is registered but there has not been a proper investigation, one can approach a Magistrate with a written application. The aggrieved party can choose to file an application under Section 156(3) of the Cr.P.C before the learned Magistrate who has jurisdiction and can direct the police to file an FIR or administrate investigation. Section 156(3) states- “Any Magistrate empowered under section 190 may order such an investigation as above-mentioned”[1]. This provision comes as a remedy to any person when an FIR is not registered. Under this provision, a Magistrate has special powers to pass an order for investigation in case where an FIR is not registered. The provision is briefly worded but it is enough to include all the powers necessary for a magistrate for proper functioning of law enforcement. The law in this particular regard is not res-Integra and it has been held a lot of times by the courts that the magistrate is not bound to take immediate cognizance if the facts show the commission of the offence. It is also directed in many cases that in such events this provision is put to use by aggrieved party rather than moving to court for justice. Such issues for which remedies are already mentioned are for effective processing of procedures. If this is not the case and people take recourse of the court then the court will be burdened with many such cases. Such laws have been framed to save the time of the courts and also to deliver justice.
The applications presented under this section are to be duly sworn in with an affidavit by the applicant who seeks the jurisdiction of the magistrate. This is done so that the person putting an application does not make a false affidavit or the applications made are made consciously. If an affidavit is found to be false, he will be liable for prosecution as per the law and this will deter him to casually bring in notice the interest of the Magistrate.
This provision has been intelligently crafted as a remedy to people on the occasion of non-registration of an FIR or when an investigation is not done in a proper manner.
[1] The Criminal Procedure Code, 1973, No.2, Acts of the Parliament §156(3).
