The power to direct investigation under Section 156(3) of Cr.P.C can be exercised by ___________.

Question

Question

This question was previously asked in

UP Police SI (दरोगा) Official PYP (Held On: 15 Nov 2021 Shift 2)

Answer 1

The correct answer is 'A Magistrate'.

Key Points

Power under Section 156(3) of Cr.P.C:
- Section 156(3) of the Code of Criminal Procedure (Cr.P.C.) empowers a Magistrate to direct the police to investigate a cognizable offense.
- This provision allows the Magistrate to oversee the initiation of an investigation if a private individual or complainant brings a matter to their attention.
- The Magistrate has the authority to ensure compliance with the law and prevent arbitrary or biased actions during the investigation process.
- Such powers are significant in cases where the police fail to register a First Information Report (FIR) or act on a cognizable offense.

Additional Information

Supreme Court:
- The Supreme Court is the highest judicial authority in India and deals with constitutional matters, appeals, and writ petitions.
- It does not exercise powers under Section 156(3) of Cr.P.C., as these investigative powers are specifically granted to Magistrates under the law.
Sessions Judge:
- A Sessions Judge presides over sessions courts and deals primarily with serious criminal cases such as murder and rape.
- While the Sessions Judge has significant judicial powers, they do not have the authority to direct investigations under Section 156(3) of Cr.P.C.
High Court:
- The High Court has wide-ranging powers, including appellate and supervisory jurisdiction over lower courts and tribunals.
- Although it can intervene in investigations through writs or special orders, it does not exercise powers under Section 156(3), which are specifically designated for Magistrates.