Section-157 of the Code of Criminal Procedure, 1898
The Code of Criminal Procedure, 1898
(ACT NO. V OF 1898)
INFORMATION TO
THE POLICE AND THEIR POWERS TO INVESTIGATE
CHAPTER XIV
Procedure
where cognizable offence suspected
157.(1) If, from
information received or otherwise, an officer in charge of a police-station has
reason to suspect the commission of an offence which he is empowered under
section 156 to investigate, he shall forthwith send a report of the same to a
Magistrate empowered to take cognizance of such offence upon a police-report,
and shall proceed in person, or shall depute one of his subordinate officers
not being below such rank as the Government may, by general or special order,
prescribe in this behalf to proceed, to the spot, to investigate the facts and
circumstances of the case, and, if necessary, to take measures for the
discovery and arrest of the offender:
Where local investigation dispensed with
Provided as follows:-
(a) when any information
as to the commission of any such offence is given against any person by name
and the case is not of a serious nature, the officer in charge of a
police-station need not proceed in person or depute a subordinate officer to
make an investigation on the spot;
Where police-officer in charge sees no sufficient ground for
investigation
(b) if it appears to the officer in charge of a police-station that there is no sufficient ground for entering on an investigation, he shall not investigate the case.
(2) In each of the cases
mentioned in clauses (a) and (b) of the proviso to sub-section (1), the officer
in charge of the police-station shall state in his said report his reasons for
not fully complying with the requirements of that sub-section, and, in the case
mentioned in clause (b), such officer shall also forthwith notify to the
informant, if any, in such manner as may be prescribed by the Government, the
fact that he will not investigate the case or cause it to be investigated.
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