A BRIEF OF WHAT IS SECTION 156(3) CRPC:

Section 156(3) of the Code of Criminal Procedure (CrPC), 1973 acts as a weapon at the hands of public which empowers the citizens by ensuring that their rights to file a F.I.R is preserved. 

You can file an application under the said section before the jurisdictional Magistrate’ s Court, if the Police officials fail to take necessary action in your complaint.  This is a common issue faced by public who suffer due to no investigation by the concerned police officials. 

Upon application, a Magistrate exercises its discretionary power wherein, after scrutiny of the application he deems fit, the Magistrate can summon the Investigating Officer and direct him to prepare and a detailed action taken report. 

Lastly, If based on the Action Taken report the Magistrate is convinced that the facts stated in the application supported by the ATR reveals prima facie commission of cognizable offences under the Indian Penal Code, the Magistrate can pass order directing the SHO concerned to register an FIR under the relevant sections and file compliance report. 

The said provision acts as a Judicial Check over the Police Officials who fail to discharge their duty and is of great public significance. 

Here’s what the Courts have to say.

The said provision is produced herein below, in verbatim-

“Any Magistrate empowered under section 190 may order such an investigation as above-mentioned.”

A bare perusal of the aforesaid provision may seem as a concise statement but has profound implications on the rights of the complainant/applicant and the duties of law enforcement agencies. Thus, judicial interpretations have come in play to read between the provision and give us some essential guidelines which are as follows [1] [2] [3]

  • Hon’ble Court articulated that a Judicial Magistrate, when addressing an application under Section 156(3) CrPC, has the discretion to mandate a preliminary inquiry before directing the registration of an FIR in situations where it appears that no cognizable offence is established. 
  • The category of cases in which preliminary inquiry may be made are as under: (a) Matrimonial disputes/family disputes (b) Commercial offences (c) Medical negligence cases (d) Corruption cases (e) Cases where there is abnormal delay/laches in initiating criminal prosecution, for example, over 3 months’ delay in reporting the matter without satisfactorily explaining the reasons for delay.
  • The application under Section 156(3) CrPC reveals the commission of a cognizable offence then, it is incumbent upon the concerned Court to order the registration and investigation of the offences. This is because the primary responsibilities of crime detection and crime prevention rest with the police, not the Court.
  • The Court further, said that the purpose of this preliminary inquiry is not to assess the truthfulness of the information received but is solely to determine whether the information indicates the commission of a cognizable offence. 
  • Furthermore, the Court emphasized that if the application under Section 156(3) CrPC reveals the occurrence of a cognizable offence, the Magistrate is obligated to order the registration of the FIR.
  • Applications under Section 156(3) CrPC are to be supported by an affidavit duly sworn by the applicant who seeks the invocation of the Magistrate’s jurisdiction. 

Importance of Section 156(3)

Section 156(3) acts as a crucial check on the discretionary powers of the police. It ensures that:

  • Citizens have an avenue to seek redressal when their grievances are not addressed by the police.
  • Police authorities remain accountable and cannot arbitrarily refuse to register FIRs for cognizable offences.
  • There is judicial supervision over the initiation of investigations, balancing the need to prevent harassment through frivolous complaints with the necessity of investigating genuine grievances.

 

A RECENT INSTANCE OF MAHESHWARI & CO. WINNING A CASE FOR OUR CLIENT UNDER SECTION 156 (3) OF CrPC

Our firm’s Partner Mr. Tarun Biswas filed an application under the provision seeking registration of F.I.R which was listed before Ld. Magistrate Kratika Chaturvedi (South West) Dwarka Courts, New Delhi. 

The application was argued at length and being convinced by the facts stated and arguments advanced the Ld. Judge allowed the application and directed the concerned SHO Dwarka South to register an FIR and start thorough investigation against 4 accused who fraudulently took copious amount of money from the applicant on the pretext of booking 3 plots in his name by misrepresenting the fact that the said land belonged to the accused and sale deeds will be executed as soon as the money is received by the accused persons.

 The accused forged and fabricated each receipt and document which was related to land and very cunningly executed the whole operation. The applicant after shelling out large amount of money on various occasions tried to contact the accused persons but to his despair, the accused vanished and remained unresponsive. The applicant was a victim of organised crime and was cheated to a tune of Rs 35 lakhs.  A complaint was filed with concerned police station seeking F.I.R against the accused, regretfully no preliminary enquiry was commenced and FIR could not be registered. Thus, the application.

Resultantly, We have a happy client who is finally satisfied that criminal proceedings against the wrongdoers is registered and investigations have commenced under the said F.I.R.

 

Conclusion

Section 156(3) of the CrPC embodies a vital judicial function in the criminal justice system of India. By empowering Magistrates to order investigations, it upholds the principle that justice should not be denied due to procedural lapses or administrative inaction. While it is crucial to guard against its misuse, the provision remains an essential tool for ensuring that the rule of law prevails and justice is accessible to all.

Author –  Namanveer Singh Sodhi, Associate