Magistrate’s Power to Order Investigation Under Section 156(3) CrPC

Introduction

Section 154(1) of the Code of Criminal Procedure, 1973 mandates that whenever information relating to the commission of a cognizable offence is given to a police officer, such information must be reduced into writing and registered as a First Information Report. The Supreme Court in Lalita Kumari v. Government of Uttar Pradesh & Ors. (2014) clearly ruled that registration of an FIR is mandatory when the information discloses a cognizable offence.

Despite this settled legal position, police authorities often delay or refuse to register FIRs. This creates serious hardship for victims and undermines the criminal justice system. To address this, the CrPC provides a structured and step-by-step mechanism of remedies for an aggrieved person.

Why Section 156(3) CrPC Becomes Necessary

When the police fail to register an FIR or conduct a proper investigation, the law does not leave the victim helpless. Instead, it provides multiple legal remedies, beginning with administrative intervention and gradually moving toward judicial oversight. Among these, Section 156(3) CrPC plays a crucial role by empowering the Magistrate to direct police action.

1. Remedy Under Section 154(3) CrPC

The first remedy available to an aggrieved person lies under Section 154(3) CrPC.

Under this provision, the complainant can approach the Superintendent of Police by submitting a written complaint explaining the facts of the case.

If the SP finds that a cognizable offence is disclosed, he may:

• Either conduct the investigation himself, or
• Direct a subordinate police officer to register the FIR and investigate the matter.

This provision acts as an internal supervisory mechanism to check police inaction and ensure accountability within the police department.

2. Remedy Under Section 156(3) CrPC – Magistrate’s Power to Order Investigation

If no action is taken even after approaching the Superintendent of Police, the complainant can move the Magistrate under Section 156(3) CrPC.

Under this provision, the Magistrate who is competent to take cognizance under Section 190 CrPC has the power to:

• Direct the police to register an FIR, and
• Order a proper and fair investigation into the allegations.

Scope of Section 156(3) CrPC

The Magistrate’s power under Section 156(3) is broad and not limited to initial FIR registration. The Magistrate may also order further investigation in cases where:

• A closure report has already been filed, or
• A charge-sheet has been submitted,

if the Magistrate finds that the earlier investigation was improper, incomplete, or biased.

Important Legal Position

Once the Magistrate passes an order under Section 156(3) directing investigation, he cannot recall or review his own order. The only remedy against such an order lies in higher courts.

3. Remedy Under Section 200 CrPC – Filing a Private Complaint

If the complainant still does not get relief, he can file a private complaint before the Magistrate under Section 200 CrPC.

In this procedure:

• The Magistrate examines the complainant and witnesses on oath, and
• After evaluation, the Magistrate may either:
  • Take cognizance of the offence, or
  • Direct investigation under Section 202 CrPC.
    

A key legal point here is that once a complainant chooses the Section 200 route, he cannot go back to Sections 154(3) or 156(3). The nature of the case changes from a police investigation to a complaint-based proceeding.

4. Remedy Under Section 482 CrPC – Inherent Powers of the High Court

If all other remedies fail, the aggrieved person can approach the High Court under Section 482 CrPC.

The High Court may, in appropriate cases:

• Direct the police to register an FIR,
• Order an impartial investigation, or
• Issue necessary directions to prevent miscarriage of justice.
  

This provision serves as a final safeguard against police inaction or abuse of power.

Conclusion

The CrPC provides a clear and hierarchical framework to address police refusal or failure to register FIRs and conduct proper investigations. Section 156(3) CrPC acts as a strong judicial check on police lapses by allowing Magistrates to intervene when necessary.

Ordinarily, a complainant should first exhaust remedies under Sections 154(3) and 156(3) before moving to a private complaint under Section 200 or invoking the High Court’s inherent powers under Section 482 CrPC.