Initiation of Investigation

→FIR is not an indispensable requisite for the investigation

of crime

→Even without any FIR a P.O can investigate into a

cognizable offence
Sec.156: Police Officer’s power to investigate cognizable case.-

1) Any officer in-charge of a P.S may, without the order

of a Magistrate, investigate any cognizable case

2) An irregularity in investigation does not vitiate

proceedings or trial

3) Any Magistrate empowered u/s 190 may order such an

investigation
⸫ the process of investigation may start:
1) When FIR has been received u/s 154

2) Where the P.O has otherwise reason to suspect the

commission of cognizable offence [Sec.156 (1)]

3) Where a Magistrate orders to investigate by sending a

complaint, (at pre-cognizance stage) [Sec.156(3)]

4) Where a Magistrate orders to investigate in to a non-

cognizable case [Sec.155 (2)]

5) Where a Magistrate orders to investigate by sending a

complaint (after taking cognizance stage) [Sec.202(1)]
 Sec.157: Procedure for investigation.-
(preliminary inquiry)
1) If, from the information received or otherwise,……

The P.O shall forthwith send a report of the same to a

Magistrate empowered to take cognizance and

→shall proceed to in person or depute one of his subordinate

officers to proceed to the spot, to investigate the facts and
circumstances of the case and

→take necessary measures for the discovery and arrest of

the offender
Provided.-
a) When name of the accused is known and the case is
not of serious nature the P.O need not proceed to make
an investigation on the spot;

b) If it appears that there is no sufficient ground for

entering on an investigation, he shall not investigate
the case
2) In case of clauses (a) & (b) to followed, the P.O
shall state in his report his reasons and forthwith
notify to the informant the fact that he will not
investigate the case
Sec.158: Report how submitted.-
→by himself or through such superior officer as directed
by the government

Sec.159: Power to hold investigation or preliminary

inquiry.-

→such Magistrate, on receiving such report, may direct an

investigation or
→proceed to hold preliminary inquiry or otherwise
dispose the case
Sec.160: P.O’s power to require attendance of
witnesses.-

1) Any P.O making an investigation may require the

attendance before himself of any person, if the following
conditions are satisfied:
a) The order must be in writing
b) The person must be acquainted with the facts
c) The person is within the limits of his own or any
adjoining station
→and such person shall attend as so required
Provided.-
→a male person under the age of 15 years or above the
age of 65 years or
→a woman or
→mentally or physically disabled person
shall not be required to attend any place other than the
place in which such person resides