Section 157 CrPC: Procedure for investigation

Code of Criminal Procedure, 1973

Section 157 CrPC at a Glance

Section 157 CrPC deals with procedure for investigation. From 1 July 2024 it is replaced by Section 176 BNSS.

Now BNSS

Section 176 →

What Section 157 CrPC Says

157. Procedure for investigation

(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 sub-section, 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.

Source: Section 157, Code of Criminal Procedure, 1973

Section 157 CrPC in Simple Words

Section 157 of the Code of Criminal Procedure, 1973 applies when an officer in charge of a police station, from information received or otherwise, has reason to suspect the commission of an offence. The offence is one that the officer is empowered under section 156 to investigate. The officer shall forthwith send a report of the matter to a Magistrate empowered to take cognizance of the offence upon a police report. The officer shall proceed in person to the spot, or shall depute one subordinate officer to proceed there, to investigate the facts and circumstances of the case. The subordinate officer shall not be below the rank that the State Government prescribes by general or special order. If necessary, the officer shall also take measures for the discovery and arrest of the offender.

Under the first clause of the proviso, the officer need not proceed in person or depute a subordinate officer to investigate on the spot. This applies when information is given against a person by name and the case is not of a serious nature. Under the second clause, the officer shall not investigate the case if it appears that there is no sufficient ground for entering on an investigation. The further proviso applies to an offence of rape. The recording of the statement of the victim shall be conducted at the residence of the victim or in the place of the victim's choice. It shall be conducted, as far as practicable, by a woman police officer.

It shall be conducted in the presence of the victim's parents or guardian or near relatives or a social worker of the locality. Under section 157(2), in each case mentioned in the first and second clauses of the proviso to section 157(1), the officer shall state in the report the reasons for not fully complying with section 157(1). In the case mentioned in the second clause, the officer shall also forthwith notify the informant, if any, that the officer will not investigate the case or cause it to be investigated. The notice is given in the manner the State Government prescribes.

When Section 157 CrPC Applies

  • Under the Code of Criminal Procedure, 1973, when an officer in charge of a police station has reason to suspect from information received or otherwise the commission of an offence which the officer is empowered under Section 156 CrPC to investigate, the officer shall proceed in person or depute one of the subordinate officers not below the rank prescribed by the State Government by general or special order to proceed to the spot to investigate the facts and circumstances and, if necessary, take measures for the discovery and arrest of the offender.
  • Clause a of the proviso to Section 157(1) CrPC relaxes the requirement of a spot visit by providing that 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.
  • Clause b of the proviso to Section 157(1) CrPC limits the duty to investigate by providing that if it appears to the officer in charge of a police station that there is no sufficient ground for entering on an investigation, the officer shall not investigate the case.
  • The further proviso to Section 157(1) CrPC requires that in relation to an offence of rape, the recording of the 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, guardian, near relatives, or a social worker of the locality.
  • In each of the cases mentioned in clause a and clause b of the proviso to Section 157(1) CrPC, Section 157(2) CrPC requires the officer in charge of the police station to state in the report the reasons for not fully complying with the requirements of Section 157(1) CrPC.

Time Limits Under Section 157 CrPC

  • Under Section 157(1) of the Code of Criminal Procedure, 1973, an officer in charge of a police station who has reason to suspect the commission of an offence which the officer is empowered under Section 156 CrPC to investigate shall forthwith send a report of the same to a Magistrate empowered to take cognizance of such offence upon a police report.Act text: “he shall forthwith send a report of the same to a Magistrate empowered to take cognizance of such offence upon a police report”
  • Where it appears under clause b of the proviso to Section 157(1) CrPC that there is no sufficient ground for entering on an investigation, Section 157(2) CrPC requires that the officer in charge of the police station shall forthwith notify to the informant, if any, in such manner as may be prescribed by the State Government, the fact that the officer will not investigate the case or cause it to be investigated.Act text: “the officer shall also forthwith notify to the informant, if any, in such manner as may be prescribed by the State Government”

Example of Section 157 CrPC

Ramesh gives information at a police station accusing Suresh by name of an offence that Inspector Vikram, the officer in charge, is empowered under Section 156 of the Code of Criminal Procedure, 1973 to investigate. Having reason to suspect the commission of the offence, Inspector Vikram forthwith sends a report to the Magistrate empowered to take cognizance upon a police report under Section 157(1) CrPC. Because the information names Suresh and the case is not of a serious nature, clause a of the proviso to Section 157(1) CrPC relaxes the rule, so Inspector Vikram need not go in person or depute a subordinate officer to the spot, and under Section 157(2) CrPC he states his reasons in his report.

When Section 157 CrPC Does Not Apply

  • Under Section 157(1) of the Code of Criminal Procedure, 1973, the procedure for investigation does not apply where the officer in charge of a police station does not have reason to suspect the commission of an offence which the officer is empowered under Section 156 CrPC to investigate.
  • Under clause b of the proviso to Section 157(1) CrPC, entering on an investigation does not take place if it appears to the officer in charge of a police station that there is no sufficient ground for entering on an investigation, in which event the officer shall not investigate the case.
  • Under clause a of the proviso to Section 157(1) CrPC, the duty to proceed in person or depute a subordinate officer to make an investigation on the spot does not apply 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.

Section 157 CrPC Under BNSS 176: What Changed

Section 157 CrPC is now covered under Section 176 BNSS.

Section 157 of the Code of Criminal Procedure, 1973 became Section 176 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Renumbering, updating the reference from Section 156 CrPC to Section 175 BNSS, and phrasing adjustments in Section 176(2) BNSS are changes of form, while the main rule and first proviso in Section 176(1) BNSS remain unchanged. Substantively, Section 176(1) BNSS permits recording a rape victim's statement by audio-video electronic means including a mobile phone, Section 176(2) BNSS requires forwarding the daily diary report fortnightly to the Magistrate, and new Section 176(3) BNSS requires forensic visits and videography for offences punishable for seven years or more, from a date the State Government notifies.

View detailed comparison (CrPC 157 vs BNSS 176) →

FAQs on Section 157 CrPC

When must an officer in charge of a police station begin the investigation procedure under Section 157 CrPC?▼

An officer in charge of a police station must act under Section 157(1) of the Code of Criminal Procedure, 1973 when, from information received or otherwise, the officer has reason to suspect the commission of an offence which the officer is empowered under Section 156 CrPC to investigate. The officer shall forthwith send a report of the same to a Magistrate empowered to take cognizance upon a police report and proceed in person or depute a subordinate officer of prescribed rank to the spot.

When can the officer in charge of a police station skip a spot visit or decline to investigate under Section 157 CrPC?▼

The proviso to Section 157(1) of the Code of Criminal Procedure, 1973 relaxes the general rule. Under clause a, when information of the offence is given against any person by name and the case is not of a serious nature, the officer need not proceed in person or depute a subordinate officer to make an investigation on the spot. Under clause b, if it appears to the officer that there is no sufficient ground for entering on an investigation, the officer shall not investigate the case.

How must the police record the statement of a rape victim under Section 157 CrPC?▼

In relation to an offence of rape, the further proviso to Section 157(1) of the Code of Criminal Procedure, 1973 requires that the recording of the statement of the victim shall be conducted at the residence of the victim or in the place of her choice. Furthermore, Section 157(1) CrPC requires that the recording of the statement shall be conducted, as far as practicable, by a woman police officer in the presence of the victim's parents, guardian, near relatives, or a social worker of the locality.

Where is Section 157 CrPC found in the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024?▼

The Code of Criminal Procedure, 1973 was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. Under the official mapping, Section 157 CrPC corresponds to Section 176 BNSS, and Section 157(2) CrPC corresponds to Section 176(2) BNSS, which governs the procedure for investigation from 1 July 2024.

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Sources: Bare Act Text, Code of Criminal Procedure, 1973 · Last updated: 27 Oct 2026 ·