Police officer's power to investigate cognizable case
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Summary
The officer in charge of a police station can investigate any cognizable case without a Magistrate's order. For more serious offences, the Superintendent of Police may direct the Deputy Superintendent to conduct the probe. A Magistrate with inquiry powers can still order or supervise an investigation, and for complaints against a public servant must obtain the superior officer's report and consider the servant's explanation.
Example
Priya files an FIR saying a police constable damaged goods in her shop while on duty. The station officer may start a cognizable investigation at once without a Magistrate's order. If the incident looks serious, the SP can ask the DSP to take over the probe. If the complaint targets the constable, a Magistrate can order an investigation only after getting a report from the constable's superior and hearing the constable's account.
Bare Act
Enacted text(1) Any officer in charge of a police station may, without the order of a Magistrate, investigate any cognizable case which a Court having jurisdiction over the local area within the limits of such station would have power to inquire into or try under the provisions of Chapter XIV:
Provided that considering the nature and gravity of the offence, the Superintendent of Police may require the Deputy Superintendent of Police to investigate the case.
(2) No proceeding of a police officer in any such case shall at any stage be called in question on the ground that the case was one which such officer was not empowered under this section to investigate.
(3) Any Magistrate empowered under section 210 may, after considering the application supported by an affidavit made under sub-section (4) of section 173, and after making such inquiry as he thinks necessary and submission made in this regard by the police officer, order such an investigation as above-mentioned.
(4) Any Magistrate empowered under section 210, may, upon receiving a complaint against a public servant arising in course of the discharge of his official duties, order investigation, subject to-
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(a) receiving a report containing facts and circumstances of the incident from the officer superior to him; and
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(b) after consideration of the assertions made by the public servant as to the situation that led to the incident so alleged.
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