Police officer’s power to investigate cognizable cases
AI Assist
Summary
Police officers in charge of a station may, without any Magistrate order, investigate cognizable offences that fall within that station's local jurisdiction. Actions taken during such an investigation cannot later be set aside merely because the officer lacked power to investigate. A Magistrate empowered under section 190 may also direct such an investigation.
Example
Priya files an FIR at her local police station saying a neighbour stole her scooter. The station officer can begin investigating immediately without a Magistrate's order because the offence is cognizable in that area. Later no one can invalidate the investigation simply by claiming the officer lacked power; a Magistrate under section 190 may also order such an inquiry.
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 XIII.
(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 190 may order such an investigation as above-mentioned.
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