Know The Law | Why Police Require Magistrate's Approval To Investigate Non-Cognizable Offences? Supreme Court Explains
2 days, 8 hours ago

Know The Law | Why Police Require Magistrate's Approval To Investigate Non-Cognizable Offences? Supreme Court Explains

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The Supreme Court stated that police could immediately investigate serious crimes classified as cognizable after receiving information. The Bench of Justices B. V. Nagarathna and Nongmeikapam Kotiswar Singh explained that when it comes to non-cognizable offences, our criminal justice system has put certain safeguards in place to keep the coercive power of police in check. It must be preceded by a complaint filed by a public servant before the court/Magistrate.” In this regard, the Court observed that in the present case, no such complaint was filed by the public servant. It is important to note that Section 195 of the code mandates that cognizance for offence under Section 186 IPC can be taken only on a complaint filed by a public servant before the Magistrate. Adverting to the submissions of the State that a complaint was filed by the District Probation Officer to the City Magistrate, the Court categorically held that the complaint must be addressed to the judicial magistrate.

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History of this topic

S.197 CrPC | When Can Public Servant's Offence Be Linked To Official Duties? Supreme Court Explains Principles
3 weeks, 3 days ago

S.197 CrPC | When Can Public Servant's Offence Be Linked To Official Duties? Supreme Court Explains Principles

Live Law  

In a recent decision, the Supreme Court summarised the principles relating to Section 197 of the Code of Criminal Procedure, which hold that public servants cannot be prosecuted in respect of acts done in the discharge of their official duties without sanction from the government.The judgment delivered by a bench comprising Justice JB Pardiwala and Justice Manoj Misra explained when …

Investigation Into Non-Cognizable Offence Sans Magistrate's Permission Is Illegal; Subsequent Nod Is Immaterial: Allahabad HC
6 months, 3 weeks ago

Investigation Into Non-Cognizable Offence Sans Magistrate's Permission Is Illegal; Subsequent Nod Is Immaterial: Allahabad HC

Live Law  

The Allahabad High Court has observed that the investigation of a non-cognizable offence by the police without prior permission of the competent Magistrate is illegal, and subsequent permission by the Magistrate cannot cure this illegality. It was the case of the accused persons that the police lodged an FIR and also submitted a Police Report under Section 188 IPC, which …

Prior Sanction Of Magistrate Not Mandatory For Investigating Non-Cognizable Offence Along With Cognizable Offence : Supreme Court
3 years, 2 months ago

Prior Sanction Of Magistrate Not Mandatory For Investigating Non-Cognizable Offence Along With Cognizable Offence : Supreme Court

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The Supreme Court has held that prior sanction of the Magistrate is not mandatory for investigating a non-cognizable offence along with a cognizalbe offence.A bench comprising Justices MR Shah and AS Bopanna held so while dealing with an appeal against a judgment of the Jammu and Kashmir High Court, which quashed an FIR for offences under under the J&K Prevention …

Police Officer Cannot Arrest/Register FIR/ Investigate In Regard To Cognizable Offences Under Chapter IV Of Drugs & Cosmetics Act: SC [Read Judgment]
4 years, 4 months ago

Police Officer Cannot Arrest/Register FIR/ Investigate In Regard To Cognizable Offences Under Chapter IV Of Drugs & Cosmetics Act: SC [Read Judgment]

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The Supreme Court, in a judgment delivered on Friday, has held that, the Police Officers cannot register FIR, arrest, prosecute or investigate in regard to Cognizable offence under Chapter IV of the Drugs and Cosmetics Act, 1940.The bench of Justices Sanjay Kishan Kaul and KM Joseph held that an arrest can be made by the Drugs Inspector in regard to …

The Distinction Between "Cognizable Offence" And "The Curial Act Of Taking Cognizance Of An Offence"
4 years, 8 months ago

The Distinction Between "Cognizable Offence" And "The Curial Act Of Taking Cognizance Of An Offence"

Live Law  

INTRODUCTION I retired from the High Court of Kerala in the year 2012. When once the S.H.O registers an FIR, the offence being a "cognizable offence", the S.H.O has the authority under Section 156 Cr.P.C to conduct investigation of such offence without the order of a Magistrate. In the case of a "non-cognizable offence", apart from the fact that a …

Offences Committed Outside India: Central Govt. Sanction Not Required To Arrest An Accused During Investigation [Read Judgment]
5 years, 4 months ago

Offences Committed Outside India: Central Govt. Sanction Not Required To Arrest An Accused During Investigation [Read Judgment]

Live Law  

The Kerala High Court has held that the bar under Section 188 of the Code of Criminal Procedure does not affect the power of arrest and detention available to the Police authorities in cases where the allegations pertains to commission of offences allegedly committed outside India, even when the sanction of the Central Government has not been obtained. by the …

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