What procedure is to be followed when an F.I.R. is made in respect of cognizable and non-cognizable Cases. What are the powers of the police officer for investigation?

Question: What procedure is to be followed when an F.I.R. is made in respect of cognizable and non-cognizable Cases. What are the powers of the police officer for investigation?

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Answer

Procedure to be followed when an F.I.R. is made in the cognizable cases

As per Section 154 when information as to the commission of a cognizable offense is given by a person to the Police officer, it shall be reduced in writing, to be entered in FIR diary, and a copy of it is given to the informant and once the lodging of the FIR is done the Police officer can state with the process of investigation as in cases of commission of cognizable offenses the order of investigation is not required from the Magistrate.

In Non-cognizable cases, information is entered in a report diary as per Section 155(1) and the police officer has to take permission from the Magistrate who is competent to try the case or competent to commit it in order to investigate the case. Once the order of investigation is received from the Magistrate, the Police Officer by virtue of Section 155(3) has the same powers to investigate as that of Cognizable case except for the power to arrest.

A PO has the power to investigate the cognizable cases under Section 156(1) and the process of investigation is mentioned in Section 157. Once the investigation is complete, a police report in the form of a charge sheet or closure report is filed under Section 173, and thereafter the Magistrate takes the cognizance of the case.

Powers of Police officer during the investigation

• Power to investigate under Section 156 and procedure of investigation under Section 157
• Requiring the attendance of witnesses under Section 160
• Examination of witnesses under Section 161
• Power to search under Section 165

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