Can Magistrate conduct investigation?

For this purpose section like 156 present in the criminal procedure code, it empowers the police officers to investigate the case without taking authorization from the magistrate and at the same time it also empowers the magistrate to check the investigation and if magistrate can not be satisfied by the conclusion of …

Who can investigate under CRPC?

Section 156 of the Code of Criminal Procedure confers powers on police officers to investigate cognizable cases. In Non Cognizable cases, the police officer has no authority to investigate without warrant and has to obtain a warrant under Section 155 (2) of the Code.

Can a Magistrate stop investigation?

It may be noticed that Section 159 Cr, P. C. which confers power on the Magistrate either to proceed or to depute a subordinate Magistrate to proceed to the spot to hold a preliminary enquiry into the case does not expressly confer upon, him the power to stop investigation by the Police which is already in progress.

Can courts interfere investigation?

The Court and the judicial process should not interfere at the stage of investigation of offences unless doing so will result in a miscarriage of justice; The Courts shall be cautious while exercising the power laid down under Section 482 Cr.

What are the powers of Magistrate?

Section 144 of the Code confers the Magistrate the power to protect the public tranquillity. A Magistrate is empowered to make any order either in case of nuisance or apprehended danger where such nuisance or danger causes disturbance to public tranquillity or leads to riots or affray.

What is the role of a Magistrate in a criminal case?

What do magistrates do? Magistrates listen carefully to all evidence given in court and follow structured decision-making processes (such as sentencing guidelines in criminal cases) and case law to reach fair decisions. They are advised on points of law by a legal adviser who sits in court with them.

Is the term investigation exhaustive under CrPC?

The Investigation includes all the proceedings under CrPC code for the collection of evidence conducted by the Police Officer or any persons authorized by a Magistrate. This is not exhaustive but inclusive in nature and content.

Which cases are to be investigated by police as empower under CrPC?

When the officer in charge of a police station or some other police officer specially empowered by the State Government in that behalf receives information that a person has committed suicide, or has been killed by another or by an animal or by machinery or by an accident, or has died under circumstances raising a …

Can a Magistrate order CBI investigation?

The CBI challenged the order of the magistrate before the High Court of Delhi contending that the magistrate has no jurisdiction to order the CBI to conduct the investigation, at least without obtaining consent of the State Government concerned as required under Section 6 of the Delhi Special Police Establishment Act.

What are the powers of a Magistrate?

P.C. Section 144 of the Code confers the Magistrate the power to protect the public tranquillity. A Magistrate is empowered to make any order either in case of nuisance or apprehended danger where such nuisance or danger causes disturbance to public tranquillity or leads to riots or affray.

Who is a magistrate in CrPC?

An Executive Magistrate is an officer of the Executive branch (as opposed to the Judicial branch) who is invested with specific powers under both the CrPC and the Indian Penal Code (IPC). These powers are conferred by Sections 107–110, 133, 144, 145, and 147 of the CrPC.

What crimes go to magistrates court?

Magistrates are trained, unpaid members of their local community, who work part-time and deal with less serious criminal cases, such as minor theft, criminal damage, public disorder and motoring offences.

Can a magistrate issue a direction to the police to investigate?

In cases where the Magistrate finds that the police has not done its duty of investigating the case at all, or has not done it satisfactorily, he can issue a direction to the police to do the investigation properly, and can monitor the same.

What is the classification of magistrates under CPC?

The classification of Magistrates is given in the Code of Criminal Procedure,1973. It stipulates that in each sessions district, there shall be Let us see the relevant case law in order to know the power of Magistrate under section 156 (3) of Criminal Procedure Code,1973.

What is the main object of sending the report to magistrate?

The main object of sending the report to the Magistrate is to make him aware of the investigation process of the cognizable offence. It is done so that the Magistrate is able to control the investigation process and give any directions under Section 159 of the Code of Criminal Procedure if necessary.

Can a police officer record a statement made to a magistrate?

Any magistrate whether metropolitan or judicial, if he has jurisdiction or not in the case, is empowered under Section 164 to record any statement or confession made to him in the course of the investigation. But a police officer on whom powers of a magistrate have been conferred for the time being is not empowered to record the same.