Why Is the Magistrate’s Power to Order Investigation Important?
In criminal law, the police do not always act on complaints promptly. Sometimes, despite clear allegations of a cognizable offence, the police refuse to register an FIR or fail to investigate properly. In such situations, the Magistrate plays a crucial corrective role. The power to direct police investigation ensures that access to justice does not depend solely on police discretion.
Under the old legal framework, this power flowed from Section 156(3) of the Criminal Procedure Code, 1973 (CrPC). With the coming into force of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the same power now exists under Section 175(3) BNSS, with clearer structure and stronger accountability.
What Does Section 156(3) CrPC Provide?
Section 156(3) CrPC empowers a Magistrate to order the police to investigate a cognizable offence. This power comes into play at the pre-cognizance stage, meaning before the Magistrate takes formal notice of the offence.
When a complainant approaches the Magistrate alleging that the police have failed to act, the Magistrate may direct the officer in charge of the police station to investigate the matter. Such a direction effectively compels the police to register an FIR and begin investigation.
The purpose of Section 156(3) CrPC is to prevent misuse of police discretion. It ensures that valid complaints do not die at the police station level. Courts have consistently held that this power must be exercised judiciously and not mechanically.
How Did Courts Interpret Section 156(3) CrPC?
Judicial interpretation played a major role in shaping the use of Section 156(3) CrPC. Courts clarified that Magistrates must apply their mind before passing an order for investigation. They cannot act as a post office for every complaint.
Over time, courts also stressed that complainants should first approach the police under Section 154 CrPC. Only when police remedies fail should the Magistrate invoke Section 156(3). This interpretation aimed to balance citizen rights with protection against frivolous litigation.
What Is Section 175(3) BNSS and Why Was It Introduced?
Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 replaces Section 156(3) CrPC. It continues to empower Magistrates to order police investigation into cognizable offences, but with clearer procedural discipline.
The lawmakers introduced Section 175(3) BNSS to reduce abuse of the Magistrate’s power while preserving its protective function. The provision strengthens judicial oversight and ensures that investigation orders are reasoned and accountable.
How Does Section 175(3) BNSS Strengthen the Process?
One major improvement under Section 175(3) BNSS is the emphasis on application of judicial mind. Magistrates must record reasons before directing investigation. This requirement reduces mechanical orders and promotes transparency.
The BNSS framework also aligns this power with the broader goal of time-bound and accountable investigation. Once the Magistrate orders investigation, the police remain under judicial supervision, ensuring that the order does not remain ineffective.
By formalising safeguards that earlier came only through judicial interpretation, Section 175(3) BNSS provides clearer statutory guidance.
What Is the Key Difference Between Section 156(3) CrPC and Section 175(3) BNSS?
The core power under both provisions remains the same. Both allow Magistrates to order police investigation in cognizable offences. However, the approach has evolved.
Section 156(3) CrPC relied heavily on case law to prevent misuse. Section 175(3) BNSS incorporates those safeguards directly into the statute. The BNSS provision expects greater responsibility from Magistrates and clearer accountability from police authorities.
In essence, CrPC depended on judicial caution, while BNSS builds caution into the law itself.
At What Stage Can the Magistrate Exercise This Power?
Under both Section 156(3) CrPC and Section 175(3) BNSS, the Magistrate exercises this power before taking cognizance of the offence. Once the Magistrate takes cognizance and proceeds under complaint procedure, this power no longer applies.
This distinction is important because it determines whether the police or the court controls the investigation process at that stage.
Why Does This Change Matter for Citizens and Lawyers?
For citizens, Section 175(3) BNSS strengthens protection against police inaction. It ensures that genuine complaints receive attention through judicial oversight.
For lawyers, the change demands careful drafting and responsible invocation of Magistrate jurisdiction. Courts now expect stronger justification before ordering investigation.
For the justice system, the reform reduces misuse while preserving access to investigation where police fail to act.
Conclusion
Section 156(3) CrPC played a vital role in empowering Magistrates to correct police inaction. Section 175(3) BNSS carries that power forward with greater clarity, discipline, and accountability. The shift reflects a modern approach to criminal procedure, one that values both access to justice and responsible judicial intervention. Magistrates remain guardians of the investigative process, but under BNSS, they exercise this role with clearer statutory guidance and stronger safeguards.
