POWERS OF POLICE OFFICERS RELATING TO COGNIZABLE AND NON

POWERS OF POLICE OFFICERS RELATING TO COGNIZABLE AND NON-COGNIZABLE OFFENCES
Introduction
 The power of police of Information and Investigation is provided in the Code of Criminal Procedure
(CrPC) under chapter XII – Information to the police and their powers to investigate.
 In -State of West Bengal vs. S. N. Basak
 it was held that the power of the police to carry on investigation under this chapter before a
prosecution is launched, is a statutory right and cannot be interfered with by the courts.
 Their powers include investigation, preliminary inquiry, require the attendance of witnesses, the
examination of witnesses, power of search and enquiry,
Cognizable and non-cognizable offences
 section 2(c) of CrPC defines cognizable offences as those offences in which the police officer may in
accordance with the First Schedule make an arrest without an arrest warrant.
 While section 2(l) defines a non-cognizable offence in which the police officer has no authority to
make an arrest without a warrant.
Information in Cognizable cases (section 154):
 Section 154 provides that information relating to the commission of a cognizable offence should be
given to the police officer,
 this information is known as the “first information” the police officer on the basis of this information
shall register a case.
 In Lalita Kumari vs. Govt. of UP and Ors., the Supreme Court held that Registration of FIR is
mandatory under Section 154 of the Code,
Information in non-cognizable cases (section 155):
 Section 155 states that when information of a non-cognizable offence is given to the police he must
enter it in the “diary” in the form as prescribed by the State Government and then refer the informant
to the Magistrate.
 Subsection 4 of section 155 provides that when a case relates to 2 or more offences and one of them
is cognizable then the case shall be deemed to be a cognizable case.
Investigation of cognizable and non-cognizable cases:
 The investigation is defined u/s 2(h) of CrPC as the proceedings for the collection of evidence
conducted by the police officer or any person authorized by the Magistrate.
 As per section 156 - an officer may without the order of a Magistrate investigate any cognizable case
which the court has jurisdiction,
 and no proceeding of a police officer shall be called into question at any stage on the grounds that the
case was such in which the officer was not empowered to investigate under this section, a Magistrate
empowered u/s 190 may also order an investigation.
 Section 155(2) provides for the investigation is non-cognizable cases i.e. a police officer cannot
investigate an offence without the order of the Magistrate,
 on receiving the order he shall exercise the same powers of investigation as in cognizable cases
except the power to make an arrest without a warrant as per section 155(3).
Power of Police Officer
Power to Investigate:
 u/s 157 when an officer in charge has reason to suspect that an offence is committed which he has
the power to investigate u/s 156 shall forthwith send a report of the same to the Magistrate
empowered to take cognizance upon a police report and then proceed in person or through his
subordinate to the spot to investigate the facts and circumstances of the case and take measures for
the discovery and arrest of the offender.
Power to require attendance of witness (section 160):
 Any police officer investigating an offence, may by order in writing require the attendance of any
person within the limits of his own or any adjoining station before himself who from the information
appears to be acquainted with the facts and circumstances of the case.
 Any person who fails to comply with the order of the police may be prosecuted for disobedience u/s
174 of IPC.
 Also, no male under the age of 15 years or above 65 years or a woman or a mentally or physically
disabled person shall be required to attend at any place other than their residence.
Power to examine the witness (section 161):
 Any person can be orally examined by the police officer, which may be reduced in writing.
 There should not be any delay in recording statements,
 the statements if recorded must be recorded as made and should not be in indirect speech it should be
in first person it may also be recorded in audio-video electronic means.
 No oath or affirmation is required for examination under this section. Such person is legally bound to
answer truly the questions put to him.
 A person who gives a false answer can be prosecuted u/s 202, 203 of IPC.
Power to search (section 165):
 A police officer is empowered u/s 165 of the code to search for any place believe that anything
necessary for the purpose of an investigation may be found.
 after recording his reason in writing the reasonable grounds of his belief and also specify if possible
what is being searched, may search that place.
 The police officer is not authorized to conduct a search in any place which is outside his limit, with
an exception u/s 166(3) (where a police officer can search within the limits of another police station
in certain cases.)
Procedure for investigation
When investigation not completed in twenty-four hours (section 167):
 When any investigation cannot be completed within 24 hours and the accusation is well-founded,
 the police officer is required to send a copy of entries in diary and the accused to the Magistrate u/s
167(1),
 the purpose behind this is to enable the Magistrate to see that remand is necessary.
Delay of Investigation in Summons case:
 Section 167(5) -when in a summons case an investigation is not completed within 6 months from the
date of arrest ,
 the Magistrate may make an order stopping investigation,
 unless the officer investigating the offence satisfies that the continuation of investigation are
necessary for special reasons and in the interest of justice.
Procedure when evidence is deficient
 Section 169 enables the police officer to release the accused on the execution of a bond if there is not
sufficient evidence,
 he may be directed to appear before the Magistrate when required.
Procedure when evidence is sufficient
 Section 170 is the counterpart of section 169,
 it requires the officer in charge to send a case to the Magistrate if there is sufficient evidence or there
are reasonable grounds for so.
Diary of proceedings in the investigation (section 172):
 Every police officer making an investigation shall under this section,
 enter day-to-day proceedings done in the investigation in a diary including the time of starting and
ending of investigation, places visited by him and a statement of circumstances ascertained
through his investigation and the statements of witness recorded u/s 161.
 The police diary cannot be used as evidence against the accused.

Charge-sheet (section 173):
As per section 173(2)- as soon as the investigation is completed the police officer shall forward a report to
the Magistrate in the form as prescribed by the State government, stating:-
1. Name of the parties

2. Nature of information
3. Name of persons acquainted with the circumstances of the case
4. Whether an offence appears to be committed and if so, by whom
5. Whether the accused has been arrested
6. Whether he has been released on his bond, if so whether with or without sureties.
7. Whether he has been forwarded in custody u/s 170
8. Report of medical examination of woman
This report is known as the ‘Charge-sheet’, after a charge-sheet is sent the preliminary investigation
and preparation are over and the Magistrate can take cognizance.

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POWERS OF POLICE OFFICERS RELATING TO COGNIZABLE AND NON-COGNIZABLE OFFENCES

Cognizable and non-cognizable offences

Information in Cognizable cases (section 154):

Information in non-cognizable cases (section 155):

Investigation of cognizable and non-cognizable cases:

Power to require attendance of witness (section 160):

Power to examine the witness (section 161):

 There should not be any delay in recording statements,

Power to search (section 165):

When investigation not completed in twenty-four hours (section 167):

Delay of Investigation in Summons case:

Procedure when evidence is deficient

 he may be directed to appear before the Magistrate when required.

Procedure when evidence is sufficient

 Section 170 is the counterpart of section 169,

Diary of proceedings in the investigation (section 172):

 Every police officer making an investigation shall under this section,

 The police diary cannot be used as evidence against the accused.

1. Name of the parties

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