CrPC Section 157: Procedure for investigation
Code of Criminal Procedure, 1973 · Chapter 12: Information
Repealed on 1 July 2024 and replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
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 (o 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 the statement of victim shall be conducted at the resident 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. ]
[* Second proviso inserted by the Code of Criminal Procedure (Amendment) Act, 2008 w.e.f. 31.12.2009
(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 to 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.
Bare act text for reference, current to 30 June 2024. It is not legal advice; check the official gazette for authoritative text.
Other sections in this chapter
- 154. Information in cognizable cases
- 155. Information as to non-cognizable cases and investigation of such cases
- 156. Police officer's power to investigate cognizable cases
- 158. Report how submitted
- 159. Power to hold investigation or preliminary inquiry
- 160. Police Officer's power to require attendance of witnesses
- 161. Examination of witnesses by police
- 162. Statements to police not to be signed: Use of statements in evidence
- 163. No inducement to be offered
- 164. Recording of confessions and statements
- 164A. Medical examination of the victim of rape
- 165. Search by police officer
- 166. When officer in charge of police station may require another to issue search-warrant
- 166A. Letter of request to competent authority for investigation in a country or place outside India
- 166B. Letter of request from a country or place outside India to a Court or an authority for investigation in India
- 167. Procedure when investigation cannot be completed in twenty-four hours
- 168. Report of investigation by subordinate police officer
- 169. Release of accused when evidence deficient
- 170. Cases to be sent to Magistrate when evidence is sufficient
- 171. Complainant and witnesses not to be required to accompany police officer and not to be subject to restraint
- 172. Diary of proceeding in investigation
- 173. Report of police officer on completion of investigation
- 174. Police to inquire and report on suicide, etc
- 175. Power to summon persons
- 176. Inquiry by Magistrate into cause of death