CrPC Section 116: Inquiry into Information Truth – Code of Criminal Procedure

1. Code

Section 116: Inquiry into truth of information received.

When any information is given to a Magistrate that a cognizable offence has been committed, he may, if he thinks fit, make such inquiry as he deems necessary to ascertain the truth of such information.

2. Explanation

Section 116 of the Code of Criminal Procedure (CrPC) empowers a Magistrate to conduct an inquiry into the truth of information received about a cognizable offence. This provision allows the Magistrate to gather evidence and investigate the validity of the information before proceeding further.

• Cognizable offence: A cognizable offence is one where the police can arrest a person without a warrant. Examples include murder, rape, robbery, etc.
• Magistrate: A judicial officer appointed by the government to conduct legal proceedings.

3. Illustration

Suppose someone reports to a Magistrate that they witnessed a robbery. The Magistrate, under Section 116, can then:

• Question the informant about the details of the robbery.
• Visit the crime scene.
• Examine any evidence found at the scene.
• Record statements from potential witnesses.

This inquiry will help the Magistrate determine whether a cognizable offence was actually committed and if further investigation is necessary.

4. Common Questions and Answers

• Q: Does the Magistrate have to conduct an inquiry under Section 116?

  A: No, the provision states “if he thinks fit,” meaning the Magistrate has the discretion to conduct an inquiry or not.

• Q: What happens if the Magistrate finds the information to be false?

  A: The Magistrate can take appropriate action, such as warning the informant or initiating legal proceedings for giving false information.