Code of Criminal Procedure

Introduction

Section 157 of the Criminal Procedure Code, 1973 (CrPC) provides the manner in which an investigation is to be conducted where the commission of cognizable offence is suspected. It regulates the procedure for investigation.

Section 157 of CrPC

• This Section deals with the procedure for investigation. It states that -

(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 State 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.

Provided that—

(a) When 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.

(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.

Provided further that in relation to an offence of rape, the recording of statement of the victim shall be conducted at the residence of the victim or in the place of her choice and as far as practicable by a woman police officer in the presence of her parents or guardian or near relatives or social worker of the locality.

(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 report his reasons for not fully complying with the requirements of that subsection, and, in the case mentioned in clause (b) of the said proviso, the officer shall also forthwith notify to the informant, if any, in such manner as may be prescribed by the State Government, the fact that he will not investigate the case or cause it to be investigated.

Purpose of Section 157 of CrPC

• This Section gets much importance in view of the power which the police possesses, so it is very necessary to keep a close vigil on every investigation which police does. This Section does perform this duty in the following two ways:
  • It avoids the possibility of improvement in the prosecution’s story and introduction of any distorted version by deliberation and consultation.
  • It enables a Judicial Magistrate to have a watch on the progress of the investigation.

Essential Characteristics of Section 157 of CrPC

• This Section is pre-emptory in nature.
• It applies to both cognizable and non-cognizable offence.
• In this Section, the words ‘or otherwise’ are wide enough to include every source of information.
• The expression ‘forthwith’ connotes within a reasonable time and without any unreasonable and unexpected delay.
• This Section puts a duty on police officer to investigate the offence of which he gets information.

Case Law

• In the case of Ombir Singh v. The State of U.P and Anr. (2011), the Supreme Court held that the effect of delay in compliance of Section 157 of CrPC cannot lead to a conclusion that the trial is vitiated, or the accused is entitled to be acquitted on this ground.