Section 156 CrPC: Police officer’s power to investigate cognizable case

Code of Criminal Procedure, 1973

Section 156 CrPC at a Glance

Section 156 CrPC deals with police officer’s power to investigate cognizable case. From 1 July 2024 it is replaced by Section 175 BNSS. Popularly called magistrate-ordered investigation. Section 175(3) BNSS lets the Magistrate order investigation only after considering an application supported by an affidavit, an inquiry and the police officer's submission.

Now BNSS

Section 175 →

What Section 156 CrPC Says

156. Police officer’s power to investigate cognizable case
(1) Any officer in charge of a police station may, without the order of a Magistrate, investigate any cognizable case which a Court having jurisdiction over the local area within the limits of such station would have power to inquire into or try under the provisions of Chapter XIII.
(2) No proceeding of a police officer in any such case shall at any stage be called in question on the ground that the case was one which such officer was not empowered under this section to investigate.
(3) Any Magistrate empowered under section 190 may order such an investigation as above-mentioned.

Source: Section 156, Code of Criminal Procedure, 1973

Section 156 CrPC in Simple Words

Section 156 of the Code of Criminal Procedure, 1973 governs the power to investigate a cognizable case. An officer in charge of a police station may investigate any cognizable case without the order of a Magistrate when a Court having jurisdiction over the local area within the station limits would have power to inquire into or try it under Chapter XIII of the Code.

In any such case, no proceeding of a police officer shall be called in question at any stage on the ground that the officer was not empowered under Section 156 CrPC to investigate. A Magistrate empowered under Section 190 CrPC may also order such an investigation.

Who Can Use Section 156 CrPC

The officer in charge of a police station may begin investigating a cognizable case on their own authority without needing a prior order from a Magistrate under Section 156(1) of the Code of Criminal Procedure, 1973.
This police power applies where a Court having jurisdiction over the local area within the station limits would have the authority to inquire into or try the case under Chapter XIII of the Code.
In any such cognizable case, no investigation proceeding conducted by a police officer shall be challenged at any stage by claiming that the officer was not empowered under Section 156 CrPC to investigate.
A Magistrate who is empowered under Section 190 CrPC may order such a police investigation into a cognizable case under Section 156(3) CrPC.

Example of Section 156 CrPC

Ramesh reports a cognizable case at the police station where Inspector Kavita is the officer in charge. Because the Court with jurisdiction over the local area within the station limits has power to inquire into or try the matter under Chapter XIII of the Code of Criminal Procedure, 1973, Inspector Kavita may investigate the case under Section 156(1) CrPC without the order of a Magistrate. Later, Suresh challenges a police proceeding in the case by claiming that the officer lacked authority under Section 156 CrPC to investigate. Under Section 156(2) CrPC, the proceeding shall not be called in question at any stage on that ground.

When Section 156 CrPC Does Not Apply

The power of the officer in charge of a police station to investigate without the order of a Magistrate under Section 156(1) of the Code of Criminal Procedure, 1973 does not apply when the matter is not a cognizable case.
An officer in charge of a police station does not have power under Section 156(1) CrPC to investigate without the order of a Magistrate when the Court having jurisdiction over the local area within the limits of that station lacks power to inquire into or try the case under Chapter XIII of the Code.
A Magistrate cannot order an investigation under Section 156(3) CrPC if the Magistrate is not empowered under Section 190 CrPC.

Probe Ordered by Magistrate Under BNSS 175: What Changed

Section 156 CrPC is now covered under Section 175 BNSS.

Section 156 of the Code of Criminal Procedure, 1973 became Section 175 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Updating Chapter XIII to Chapter XIV and Section 190 CrPC to Section 210 BNSS are changes of form, while the station officer power in Section 175(1) BNSS and the bar on questioning proceedings in Section 175(2) BNSS are unchanged. Substantively, a new proviso in Section 175(1) BNSS lets the Superintendent of Police require a Deputy Superintendent of Police to investigate. Section 175(3) BNSS adds affidavit, inquiry, and police submission steps, and Section 175(4) BNSS is new with no CrPC source for public servant complaints.

View detailed comparison (CrPC 156 vs BNSS 175) →

FAQs on Section 156 CrPC

Can a police station officer investigate a cognizable case without a Magistrate order under Section 156 CrPC?▼

Yes, any officer in charge of a police station may investigate any cognizable case without the order of a Magistrate under Section 156(1) of the Code of Criminal Procedure, 1973. This power applies when a Court having jurisdiction over the local area within the limits of that police station would have power to inquire into or try the case under the provisions of Chapter XIII of the Code.

Can a police investigation in a cognizable case be challenged because the officer lacked power under Section 156 CrPC?▼

No. Section 156(2) CrPC states that no proceeding of a police officer in any such cognizable case shall at any stage be called in question on the ground that the case was one which that officer was not empowered under Section 156 CrPC to investigate. This rule bars objections at any stage that challenge the authority of the police officer under the provision.

Which Magistrate can order a police investigation under Section 156(3) CrPC?▼

Any Magistrate who is empowered under Section 190 CrPC may order such an investigation under Section 156(3) CrPC. The investigation that the Magistrate may order is the investigation of a cognizable case that a Court having jurisdiction over the local area within the limits of the police station would have power to inquire into or try under Chapter XIII of the Code.

Which provision replaced Section 156 CrPC from 1 July 2024?▼

The Code was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. In the new law, Section 156 CrPC is replaced by Section 175 BNSS, which governs the power of a police officer to investigate a cognizable case. Specifically, Section 156(2) CrPC maps to Section 175(2) BNSS, and Section 156(3) CrPC maps to Section 175(3) BNSS.

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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 21 Oct 2026 ·