Legal Question in Criminal Law in India

156(3) CrPC

I would like to know all the details regarding 156(3) CrPC. From the little that I have read, I understand that a Judicial Magistrate can order the police to investigate an offence. However, I would like more clarity on this.

1. How can this section be applied to government servants?

2. What are the various scenarios that can happen when an order for investigation under 156(3) is passed?

3. Can the case be withdrawn at a later date if an out of court settlement is reached?

4. Any other information which I should know in regard to 156(3)?

Asked on 4/28/09, 7:54 am

6 Answers from Attorneys

Sunil Goel S.G. SOLICITORS
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Re: 156(3) CrPC

Under Section 156(3), the Magistrate can order the police to investigate a case reharding which a complaint has been filed before him; before he proceeds to take cognizancxe on the complaint himself. On passing of such order under Section 156(3, the police register an FIR and investigate the case and on conclusion of investigation, it files its Report (under Section 173, equivalent to challan / chargesheet. The Magistrate may or may not accept the said report. If he does not, then he may either ask the police to re-investigate or himself take cognizance and proceed with the complaint case without involvement of police. If he accept police report, then it becomes a state case and then the State Prosecution comes in picture and complainant is relegated to back seat. If the report filed by police is closure report, and if Magistrate accept it, then the case is closed. The complainant can file an appeal agaisnt such order. For in depth details regatding Section 156(3) and other procedure under Criminal law, you may refer to my Book titlEd "COURTS POLICE AUTHORITIES & COMMON MAN".

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4/29/09, 7:17 am
Pranav Desai PD Legal & Associates
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Re: 156(3) CrPC

1) Yes

2)No scenario

3) Yes, but only if the Law provides the compounding of the offence alleged.

4)No

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4/29/09, 7:39 am
Sudershan Goel Sudershan Goel - Advocate, International Visiting Scholar, USA [2008-10]
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Re: 156(3) CrPC

You may better state your problem instead of asking an academic question. We will guide you accordingly.

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4/28/09, 1:14 pm
Shrichand Nahar S.V.Nahar, Advocate
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Re: 156(3) CrPC

1. Why not?

2. No scenarios. Investigation in accordance with law will be undertaken by police.

2. No.

4. Read section and case law on it.

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4/29/09, 1:17 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates
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Re: 156(3) CrPC

you need to contact a local criminal advocate

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5/08/09, 7:45 am
RAJIV GUPTA (Cell: +91 9811284735) lawnrajiv@gmail.com
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Re: 156(3) CrPC

this is another form of getting your f.i.r. registered in case the police refuse to register the same. the case can be withdrawn/compounded only in case the law allows it, otherwise it has to be quashed by High Court

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4/29/09, 1:55 am

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