Supreme Court Clarifies Magistrate’s Role Under Section 156(3) CrPC

In a significant judgment, the Supreme Court of India clarified that a Magistrate does not take cognizance of an offence while directing the police to investigate under Section 156(3) of the Code of Criminal Procedure (CrPC). This ruling helps delineate the boundaries of judicial and investigative functions at the pre-cognizance stage.

Key Clarifications by the Supreme Court

1. Pre-Cognizance Investigation:
   The Supreme Court emphasized that a Magistrate’s order to investigate under Section 156(3) CrPC is a preliminary step taken before cognizance of the offence is considered. This means that the Magistrate is directing the police to investigate based on a complaint that prima facie indicates the commission of a cognizable offence, without the Magistrate having applied judicial mind to the complaint to determine its merits for further proceedings【52†source】【53†source】.
2. Judicial Discretion:
   The Court noted that the Magistrate has discretion in directing a police investigation under Section 156(3). This discretion must be exercised judiciously and cannot be arbitrary. It should be based on a prima facie reading of the complaint that indicates the necessity for police intervention to gather evidence or investigate facts that are beyond the complainant’s ability to collect【54†source】【55†source】.
3. Role Distinction:
   Once the Magistrate orders an investigation under Section 156(3), it does not imply taking cognizance of the offence. Cognizance is considered taken when the Magistrate decides to proceed with the case as per Sections 190, 200, or 204 of the CrPC. If, after investigation, the police submit a report, the Magistrate may then decide whether to take cognizance based on the findings【55†source】.
4. Relevance of Section 202 CrPC:
   The Supreme Court further distinguished the powers under Sections 156(3) and 202 CrPC. Under Section 202, the Magistrate conducts an inquiry or directs an investigation post-cognizance to ascertain if there is sufficient ground to proceed. This stage is aimed at preventing frivolous or baseless cases from proceeding to trial【53†source】【55†source】.

This ruling reinforces the procedural safeguards and clarifies the distinct phases of handling criminal complaints, ensuring that the judicial process remains thorough and fair.