Questions

What is the practical relevance of filing complaint under section 156 3 and section 200 CrPC before Magistrate?

What is the practical relevance of filing complaint under section 156 3 and section 200 CrPC before Magistrate?

If such an application under Section 156 (3) is filed before the Magistrate, the Magistrate can direct the FIR to be registered and also can direct a proper investigation to be made, in a case where, according to the aggrieved person, no proper investigation was made.

What is the section 200?

Section 200 in The Indian Penal Code. 200. Using as true such declaration knowing it to be false. —Whoever corruptly uses or attempts to use as true any such declaration, knowing the same to be false in any material point, shall be punished in the same manner as if he gave false evidence.

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What is Section 156 of the CrPC?

Section 156 of the Cr.PC. reads as under: Police officer’s power to investigate cognizable case.

Can a magistrate take cognizance of a case under Section 156(3) CrPC?

Such a direction under section 156 (3) CrPC is without taking cognizance of the offences enumerated in the petition by th Section 156 (3) CrPC provides that any Magistrate empowered to take cognizance under section 190 may order to investigate a cognizable case.

Can Section 156(3) of IPC be skipped for speedy trial?

Most of the common man having no idea about the provisions have the concept that Section 156 (3) can be skipped for speedy trial and a complaint u/s 200 CrPc, as the provision says ‘Examination of a complaint by magistrate’ is a better option because under that, the magistrate shall have authority and sanction.

Is Section 156(3) of the IPC self reliable?

If we read the bare provision of Section 156 (3) it clearly states This in itself means that 156 (3) is not self-reliable but needs to be r/w Section 190 which therefore empowers a Magistrate to duly order for investigation u/s 156 (3). Both these provisions are interlinked and cannot be left alone.

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