REGISTERING OF FIR U/S 156(3) AND 200 CrPC
Section 154(1) Cr.P.C., mandates that whenever information relating to commission of a
cognizable offence, is required to be entered in prescribed book and is popularly called as First
Information Report (FIR).
If there is denial of duty by police officer as mandated under Section 154(1) Cr.P.C., the
aggrieved or informant may approach superior police officer (concerned Superintendent of
Police), u/s 154(3) Cr.P.C., by sending to him, the information in writing and by post.
Such superior police officer, after being satisfied, that the information discloses the commission
of a cognizable offence, shall either investigate the case himself or direct an investigation to be
made by any subordinate police officer, as per legal procedure.
If the aggrieved still fails to register it, they can approach the Judicial Magistrate empowered u/s
190 of the CrPC to direct investigation in any cognizable case relating to offence committed with
the area of his territorial jurisdiction u/s 156(3) Cr.P.C.
The Magistrate may take cognizance of any offence-
(a) upon receiving a complaint of facts which constitute such offence;
(b) upon a police report of such facts and
(c) upon information received from any person other than a police officer, or upon his own
knowledge, that such offence has been committed.
Any Magistrate u/s 156(3) means Judicial Magistrate or Metropolitan Magistrate, as the case
may be. The next qualification of ‘any Magistrate’ inevitably requires referring to section 190
Cr.P.C. which means any Magistrate of First Class, and any Magistrate of Second Class specially
empowered by Chief Judicial Magistrate.
Pre-Conditions for approaching the Magistrate u/s 156(3) :-
1. It is required that said informant/victim has exhausted the procedure as laid u/s 154(1) & (3) as
held in Yogesh Malhotra vs State of Bihar, 2017 SCC OnLine Pat 2043 and Bipin Kumar Singh
& Anther vs The State of Bihar and ors., 2016 (1) PLJR 923.
2. Priyanka Srivastava and Ors. vs. State of U.P. and Ors. 2015 (3) PLJR 78=> Section 156(3)
Code of Criminal Procedure applications are to be supported by an affidavit duly sworn by the
applicant who seeks the invocation of the jurisdiction of the Magistrate.
3. Petition filed under Section 156(3) CrPC must satisfy the essential ingredients to
attract alleged offences as per the Hon’ble Supreme Court in Usha Chakraborty v.
State of W.B., 2023 SCC OnLine SC 90.
PRE-CONDITION FOR EXERCISING POWER u/s 156(3)-:
1) Disclosure of cognizable offence
2) Application of judicial mind
3) Necessity to pass speaking order.
As held in Alok Kumar v. Harsh Mander 2023 SCC OnLine Del 4213.
Section 156(3) empowers a Magistrate to order an investigation, while Section 200 deals with
the procedure for Magistrates of examination after taking cognizance of the offense upon
complaint. The question arises whether an inquiry can be conducted under Section 156(3) even if
a complaint is filed under Section 200 CrPC.
If still the FIR is not filed, the Magistrate taking cognizance of an offence shall investigate the
offence.
When a complaint is filed u/s 200 of CrPC the following steps are followed-
1. The examination of the complainant- The Magistrate, upon receiving a complaint, is
required to examine the complainant and any witnesses present under oath.
2. The substance of this examination is then reduced to writing and signed by the
complainant, the witnesses, and the Magistrate.
3. Once a complaint is filed and the complainant is examined, the Magistrate has to decide
the course of action.
If the Magistrate finds that there are sufficient grounds for proceeding, the case is registered,
and the accused is summoned. If the accused pleads not guilty, the trial begins. On the other
hand, if the Magistrate, upon examination of the complainant, finds that there are no
sufficient grounds for proceeding, the complaint can be dismissed.
Powers accorded to the Magistrate u/s 200 CrPC-
1. the power to question the complainant and the witnesses
2. the power to conduct or order an investigation for further examination of the complaint.
3. the power to reject the complaint
