Question: Prosecution by lodging FIR | A commits an offence under Section 403, Indian Penal Code (dishonest misappropriation of property) in respect of the property of B. What course or courses is/are open to aggrieved party B for initiating the prosecution against A. Can B initiate the prosecution by lodging First Information Report? Give reasons. Find the answer… Read More »

Question: Prosecution by lodging FIR | A commits an offence under Section 403, Indian Penal Code (dishonest misappropriation of property) in respect of the property of B. What course or courses is/are open to aggrieved party B for initiating the prosecution against A. Can B initiate the prosecution by lodging First Information Report? Give reasons. Find the answer only on Legal Bites. [Prosecution by lodging FIR | A commits an offence under Section 403, IPC (dishonest misappropriation...

Question: Prosecution by lodging FIR | A commits an offence under Section 403, Indian Penal Code (dishonest misappropriation of property) in respect of the property of B. What course or courses is/are open to aggrieved party B for initiating the prosecution against A. Can B initiate the prosecution by lodging First Information Report? Give reasons.

Find the answer only on Legal Bites. [Prosecution by lodging FIR | A commits an offence under Section 403, IPC (dishonest misappropriation of property) in respect of the property of B. What course or courses is/are open to aggrieved party B for initiating the prosecution against A. Can B initiate the prosecution by lodging FIR? Give reasons.]

Answer

Section 403 of IPC deals with the offence of dishonest misappropriation of property which is a non-cognizable offence. Generally speaking, non-cognizable offences are more or less considered private criminal wrongs. Therefore the investigation into such cases is not the responsibility of the police unless otherwise ordered by a Magistrate. The aggrieved private individual can, however, approach a Magistrate with a complaint and the Magistrate may take necessary steps for the trial of the offender:-

Information to the police as to non-cognizable offence.—If any person gives information to an officer in charge of a police station of the commission of a non-cognizable offence, the officer shall enter or cause to be entered the substance of the information in a book prescribed for this purpose. The officer shall then refer the informant to the Magistrate [Section 155(1)]. The police officer has no further duty unless he is ordered by a Magistrate to investigate the case.

The powers of the police to investigate a non-cognizable case depend on Magistrate’s order- The primary rule is that no police officer shall investigate a non-cognizable case without the order of a Magistrate having the power to try such case or commit the case for trial[Section 155(a)]. The Code does not expressly give power to a Magistrate to order an investigation into a non-cognizable case.

Such a power, however, can be implied from the wording of Section 155(a). The Code does not give any direction or guidance to the magistrates as to how and in what circumstances the power to order investigation is to be exercised. Certainly, the power is not to be exercised arbitrarily or capriciously. Probably the Magistrate is to consider the totality of the circumstances and consider whether it would not be just and proper to ask the police to investigate the non-cognizable case.

  • Powers to investigate a non-cognizable case.—

Where a Magistrate under Section 155(2) gives an order to a police officer to investigate a non-cognizable case, the police officer receiving such order may exercise the same powers in respect of the investigation (except the power to arrest without warrant) as an officer in charge of a police station may exercise in a cognizable case.[Section 155(3)]


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Updated On 2022-05-15T06:19:08+05:30
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