What is the difference between 156 3 and 202 of CRPC?

1 Section 156(3) falls in chapter XII. It deals with power of Magistrate to order a police investigation in case of cognizable offences. Whereas Section 202 falls in chapter XV. It refers to the power of a Magistrate to direct an inquiry by a police officer.

What is the difference between investigation and inquiry under CRPC?

An investigation is an administrative process, whereas an inquiry is a judicial process, in that during the course of proceeding evidence is taken on oath.

Who are the following may investigate a cognizable case even without the order of the magistrate?

police officer
As per provisions of Section 156 of Cr. P. Code, police officer can start investigation of any cognizable case, without order of Magistrate.

Under what circumstances a magistrate can make an order for investigation of an Offence?

If the officer in charge has any reason to suspect the commission of an offence, they may investigate. After this officer in charge shall be sent the same report to a magistrate. It was mandated under Section 157 that a copy of FIR was sent to the magistrate as soon as possible.

Can a second complaint on the same set of facts be entertained?

Law does not prohibit filing or entertaining second complaint even on the same facts, provided the earlier complaint has not been decided on the basis of insufficient material or order has been passed without understanding the nature of the complaint or complete facts could not be placed before the court or where the …

What Crpc 202?

Section 202 in The Code Of Criminal Procedure, 1973. 202. Postponement of issue of process. (b) where the complaint has not been made by a Court, unless the complainant and the witnesses present (if any) have been examined on oath under section 200.

What is difference between investigation and Enquiry?

Inquiry refers to proceedings conducted by a Court or a Magistrate. An investigation refers to the proceedings or steps taken by an authority like Police Officer.

Can there be an investigation without a trial?

Investigation differs from inquiry. According to Section 2(g) of The Code of Civil Procedure, Inquiry includes every inquiry except for a trial conducted under this Code, that is done either by a Magistrate or by the Court. If the offence has been committed then, whether any person should be put upon trial.

What is Section 154 of CrPC 1973?

Sec. 154 to 176 of Chapter XII titled “information to Police and their power of investigation” of Cr. P.C., 1973 deals with an investigation by the police. The Section 154 of CrPC lays down the first step of the Criminal Procedure that leads to the trial and punishment of a criminal.

What is the meaning of inquiry in CRPC?

(CrPC, 1973, India) “Inquiry” according to the Code includes every inquiry other than a trial conducted under this Code, by a Magistrate or court. It relates to proceedings of Magistrates prior to trial.

What is Section 154 of the Criminal Procedure Code?

The Section 154 of CrPC lays down the first step of the Criminal Procedure that leads to the trial and punishment of a criminal. It is also the most important supportive evidence on which the entire structure of the prosecution case is built-up.

What is Section 154(3) of the IPC?

Under Section 154 (3), in the event that the Officer in Charge of the police station refuses to receive or record information of such cognizable offence, then the informant can inform such refusal to the Superintendent of Police concerned in writing and by post.

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