Code of Criminal Procedure, 1973 · Chapter XII: Information to the Police and Their Powers to Investigate
Section 157: Procedure for investigation
The Code of Criminal Procedure, 1973 was repealed and replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024. It still applies to offences and proceedings from before that date.
(1) If, from information received or otherwise, an officer in charge of a police station has reason to suspect the commission of an offence which he is empowered under section 156 to investigate, he shall forthwith send a report of the same to a Magistrate empowered to take cognizance of such offence upon a police report and shall proceed in person, or shall depute one of his subordinate officers not being below such rank as the State Government may, by general or special order, prescribe in this behalf, to proceed, to the spot, to investigate the facts and circumstances of the case, and, if necessary, to take measures for the discovery and arrest of the offender:
Provided that—
(a) when information as to the commission of any such offence is given against any person by name and the case is not of a serious nature, the officer in charge of a police station need not proceed in person or depute a subordinate officer to make an investigation on the spot;
(b) if it appears to the officer in charge of a police station that there is no sufficient ground for entering on an investigation, he shall not investigate the case. [Provided further that in relation to an offence of rape, the recording of statement of the victim shall be conducted at the residence of the victim or in the place of her choice and as far as practicable by a woman police officer in the presence of her parents or guardian or near relatives or social worker of the locality.]
(2) In each of the cases mentioned in clauses (a) and (b) of the proviso to sub-section (1), the officer in charge of the police station shall state in his report his reasons for not fully complying with the requirements of that sub-section, and, in the case mentioned in clause (b) of the said proviso, the officer shall also forthwith notify to the informant, if any, in such manner as may be prescribed by the State Government, the fact that he will not investigate the case or cause it to be investigated.
Corresponding sections were matched by comparing the wording of both official texts, and for the IPC and BNS, also against a published correspondence table. Wording, punishments and structure often changed, so read both sections before relying on the match.
Source: India Code (Legislative Department), the text of the Act as it stood before its repeal. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the section 157
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The Central Bureau of Investigation v. Mir Usman @ Ara @ Mir Usman Ali
When victim herself has stepped into witness box, whether her examination can be done in piecemeal.
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Arif Md. Yeasin Jwadder v. State of Assam and Ors.
The instant matter arises from a series of encounters reported in the State of Assam (Respondent No. 1), the authenticity of which has been called into question on various counts. The appellant asserted that no…
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K.P. Tamilmaran v. The State by Deputy Superintendent of Police
Whether the High Court was justified in upholding the conviction and sentence of A-15 under Sections 217, 218, Penal Code, 1860 and ss.3(2)(i), 4, SC/ST Act, 1989 and modifying the conviction and sentence of A-14, while…
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Amit Kumar & Ors. v. Union of India & Ors.
(i) What is the scope of section 174 CrPC and how is it different from investigation pursuant to filing of FIR under section 154 CrPC. (ii) Whether recourse to inquest proceedings under Section 174 of the CrPC by the…
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The State of Madhya Pradesh v. Balveer Singh
Does the Evidence Act, 1872 prescribe any particular age as a determinative factor to treat a witness to be a competent witness; Does the Evidence Act treat evidence of a child on the same footing as any other witness;…
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Rama Devi v. The State of Bihar and Others
Whether the High Court was justified in reversing the judgment of the trial court and acquitting the respondents of the charges punishable under Sections 302, 307, 333, 355 and 379, all read with Section 34 of the Penal…
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Md. Rahim Ali @ Abdur Rahim v. The State of Assam & Ors.
The Foreigners Tribunal, Nalbari declared the appellant to be a foreigner on the grounds that he failed to discharge his burden under Section 9 of the Foreigners Act, 1946.
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Shento Varghese v. Julfikar Husen & Ors.
What is the implication of non-reporting of the seizure forthwith to the jurisdictional Magistrate as provided under Section 102(3) Cr.P.C.; does delayed reporting of the seizure to the Magistrate vitiate the seizure…
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Dablu Kujur v. The State of Jharkhand
The issue for consideration was the compliance of the requirements of a Police Report under Section 173(2) of the Code of Criminal Procedure, 1973.
- Vijay Madanlal Choudhary & Ors. v. Union of India & Ors.
- Jafarudheen & Ors. v. State of Kerala
- Pappu v. The State of Uttar Pradesh
- Pappu Tiwary v. State of Jharkhand
- Amish Devgan v. Union of India and Others
- Mukesh Singh v. State (Narcotic Branch of Delhi)
- Union of India v. Ashok Kumar Sharma and Others
- Rana Nahid @ Reshma @ Sana & Anr. v. Sahidul Haq Chisti
- Mustak @ Kanio Ahmed Shaikh v. State of Gujarat
- Arnab Ranjan Goswami v. Union of India and Ors.
- Ramji Singh & Ors. v. The State of Uttar Pradesh
- Pradeep Ram v. The State of Jharkhand & Anr.
- Pattu Rajan v. The State of Tamil Nadu
- Tehseen Poonawalla v. Union of India and Anr.
- Yogesh Singh v. Mahabeer Singh & Ors.
- State of Rajasthan v. Daud Khan
- Narender Singh & Ors. v. State of Madhya Pradesh