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Step-by-Step Process for Invocation of S. 156(3) CrPC and S. 175(3) BNSS
Invocation of Section 156(3) CrPC: Magistrate's Discretion and Legal Remedies
Ordinarily, S. 156(3) CrPC is invoked by the complainant when the police authorities decline to
register an FIR. In such circumstances, a private complaint may be made in the court of the Judicial
Magistrate and the complainant may pray that police investigation be ordered U/s. 156(3). However, it
is the discretion of the concerned Magistrate whether to order a police investigation u/s. 156(3) or to
directly take cognizance of the complaint (S.200) and issue process(S.204) or to dismiss the complaint
under S.203 CrPC.
Judicial Mind Application in Ordering FIR Registration
While ordering the registration of FIR, the Judicial Magistrate has to apply his judicial mind to ascertain- (i) whether any cognizable offence is made out from the complaint or not, and (ii) whether
there is a need for police to investigate the alleged incident or not?
Conditions for Ordering FIR Registration Under Section 156(3) CrPC
The Judicial Magistrate should order the registration of FIR only if he is satisfied that the
information reveals the commission of cognizable offences and also about the necessity of police
investigation for digging out of evidence neither in possession of the complainant nor can be procured
without the assistance of the police. It is, thus, not necessary that in every case where a complaint has
been filed U/s. 200 CrPC the Magistrate should direct the Police to investigate the crime merely
because an application has also been filed u/s. 156(3) even though the evidence to be led by the complainant is in his possession or can be produced by summoning witnesses, with the assistance of
the court or otherwise. The issue of jurisdiction also becomes important at that stage and cannot be
ignored.
Judicial Approach in Directing Police Investigation Under Section 156(3) CrPC
In fact, the Magistrate ought to direct investigation by the police only where the assistance of the
Investigating Agency is necessary and the Court feels that the cause of justice is likely to suffer in the
absence of investigation by the police. The Magistrate is not expected to mechanically direct
investigation by the police without first examining whether, in the facts and circumstances of the case,
investigation by the State machinery is actually required or not. If the allegations made in the
complaint are simple, where the Court can straightaway proceed to conduct the trial, the Magistrate is
expected to record evidence and proceed further in the matter, instead of passing the buck to the
Police u/s. 156(3). Of course, if the allegations made in the complaint require a complex and
complicated investigation which cannot be undertaken without active assistance and expertise of the
State machinery, it would only be appropriate for the Magistrate to direct investigation by the police
authorities. The Magistrate is, therefore, not supposed to act merely as a Post Office and needs to
adopt a judicial approach while considering an application seeking investigation by the Police.
Key Changes Introduced Under Section 175(3) BNSS
S.175(3) BNSS which corresponds to S.156(3) CrPC merely codifies certain judicially evolved
practices and safeguards. Three prominent changes have been introduced by the enactment of BNSS
as follows- (a) First, the requirement of making an application to the Superintendent of Police upon
refusal by the officer in charge of a police station to lodge the FIR has been made mandatory, and the
applicant making an application u/s. 175(3) is required to furnish a copy of the application made to the
Superintendent of Police u/s. 173(4), supported by an affidavit, while making the application to the
Magistrate u/s. 175(3); (b) Secondly, the Magistrate has been empowered to conduct such enquiry as
he deems necessary before making an order directing registration of FIR;
(c) Thirdly, the Magistrate is required to consider the submissions of the officer in charge of the police
station as regards the refusal to register an FIR before issuing any directions u/s. 175(3).
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