Code:
- (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 XIV:
Provided that considering the nature and gravity of the offence, the Superintendent
of Police may require the Deputy Superintendent of Police to investigate the case.
(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 210 may, after considering the application
supported by an affidavit made under sub-section (4) of section 173, and after making such
inquiry as he thinks necessary and submission made in this regard by the police officer,
order such an investigation as above-mentioned.
(4) Any Magistrate empowered under section 210, may, upon receiving a complaint
against a public servant arising in course of the discharge of his official duties, order
investigation, subject to—
(a) receiving a report containing facts and circumstances of the incident from
the officer superior to him; and
(b) after consideration of the assertions made by the public servant as to the
situation that led to the incident so alleged.
Explanation:
This section lays down the procedure or power to investigate cognizable case or offenses by police officers. It grants the power to investigate cognizable offenses to the officer in charge of the police station, without the need for a Magistrate’s order. This power is subject to the Superintendent of Police’s discretion to either investigate personally or delegate the investigation to the Deputy Superintendent of Police, depending on the severity of the offense.
Illustration:
- A person is found dead under suspicious circumstances. The officer in charge of the police station can immediately begin investigating this cognizable offense without waiting for a Magistrate’s order.
- However, if the case involves a serious offense like murder, the Superintendent of Police may choose to personally investigate or assign the investigation to the Deputy Superintendent of Police.
Common Questions and Answers:
Q: What is a cognizable offense?
A: A cognizable offense is a serious crime where the police can arrest a suspect without a warrant.
Q: Can a police officer investigate any offense without a Magistrate’s order?
A: No, only cognizable offenses can be investigated without a Magistrate’s order under this section.
Q: What happens if the Superintendent of Police doesn’t investigate a serious offense?
A: The Superintendent of Police is expected to investigate serious offenses or assign the investigation to a competent officer. Failure to do so may be considered misconduct.
Q: What happens if the police officer’s investigation is challenged?
A: The investigation cannot be challenged on the grounds that the officer was not empowered to investigate under this section.
