CrPC Section 155

CrPC Section 155 requires police officers to investigate every complaint made to them regarding the commission of a cognizable offence. This section ensures that police take prompt and proper action by inquiring into the facts and circumstances of the complaint. Understanding this section is crucial for citizens and law enforcement alike to ensure accountability and transparency in criminal investigations.

The section plays a key procedural role by mandating police to report their findings to the magistrate, enabling judicial oversight. It protects complainants by compelling police to act rather than ignore complaints, thus fostering trust in the criminal justice system.

CrPC Section 155 – Exact Provision

This provision mandates police officers to investigate complaints about cognizable offences. It empowers them to inquire into the facts and take necessary steps to identify offenders. The section does not compel investigation in every case but allows discretion based on necessity. It ensures that complaints are not ignored and that police action is initiated promptly.

• Police must investigate complaints of cognizable offences.

• Investigation is mandatory if the officer deems it necessary.

• Police must inquire into facts and circumstances.

• Measures to discover offenders must be taken if needed.

• Findings are reported to magistrates for judicial oversight.

Explanation of CrPC Section 155

This section means that when a police officer receives a complaint about a serious crime, they should look into it carefully. It ensures police do not ignore complaints and take steps to find the offender if required.

• The section says police must investigate complaints about cognizable offences.

• It affects police officers, complainants, and accused persons.

• Investigation is triggered by receipt of a complaint.

• Police are allowed to inquire and take steps to identify offenders.

• Police cannot refuse to investigate without valid reason.

Purpose and Rationale of CrPC Section 155

The section exists to ensure that police respond effectively to complaints of serious crimes. It protects citizens by mandating investigation, thus preventing neglect or delay. It balances police discretion with accountability by requiring action when necessary and reporting to magistrates.

• Protects complainants’ rights to have their complaints investigated.

• Ensures proper procedure in criminal investigations.

• Balances police powers with judicial oversight.

• Prevents abuse or neglect of police duties.

When CrPC Section 155 Applies

This section applies whenever a complaint about a cognizable offence is made to a police officer. The officer must decide if investigation is necessary and proceed accordingly, involving magistrates when required.

• Complaint must concern a cognizable offence.

• Complaint made to police officer or police station in-charge.

• Police officer has discretion to investigate if necessary.

• Magistrate is involved through police reporting.

• Applies across all jurisdictions in India.

Cognizance under CrPC Section 155

Cognizance is taken when a police officer receives a complaint of a cognizable offence. The officer must investigate or decide on the necessity of investigation. The findings are then reported to the magistrate, who may take further judicial action.

• Police officer receives complaint and assesses necessity to investigate.

• Investigation initiated if deemed necessary.

• Findings reported to magistrate for judicial cognizance.

Bailability under CrPC Section 155

Section 155 itself does not specify bailability but relates to investigation of cognizable offences, which may be bailable or non-bailable depending on the offence. Bail decisions depend on the nature of the offence and judicial discretion.

• Bail depends on the offence under investigation.

• Police investigation under this section does not affect bail rights directly.

• Judicial officers decide bail during trial or arrest proceedings.

Triable By (Court Jurisdiction for CrPC Section 155)

Section 155 concerns investigation and does not specify trial courts. The trial jurisdiction depends on the offence under investigation, which may be tried by Magistrate or Sessions Court as per law.

• Investigation reported to Magistrate.

• Trial court depends on offence severity.

• Sessions Court tries serious offences; Magistrate tries less serious ones.

Appeal and Revision Path under CrPC Section 155

Since Section 155 deals with investigation, there is no direct appeal against it. However, decisions arising from the investigation, such as charge framing or trial outcomes, can be appealed or revised in higher courts.

• No direct appeal against police investigation under this section.

• Appeals possible against magistrate’s orders based on investigation.

• Revision petitions can be filed in High Courts.

Example of CrPC Section 155 in Practical Use

Person X files a complaint at a police station alleging theft by an unknown person. The police officer in charge receives the complaint and, considering the seriousness, initiates an investigation. They collect evidence, question witnesses, and attempt to identify the offender. The findings are then submitted to the magistrate, who may order further action or trial.

• The section ensured police acted promptly on the complaint.

• Key takeaway: Police duty to investigate complaints prevents neglect.

Historical Relevance of CrPC Section 155

Section 155 has been part of the CrPC since its early versions, emphasizing police responsibility to investigate complaints. Amendments have clarified police duties and strengthened judicial oversight to prevent arbitrary refusal to investigate.

• Originally included to formalize police investigation duties.

• Amendments enhanced police accountability.

• Judicial interpretations reinforced mandatory investigation principles.

Modern Relevance of CrPC Section 155

In 2026, Section 155 remains vital for ensuring police accountability and prompt investigation. It supports transparency in the criminal justice process and protects citizen rights amid evolving policing standards and technology.

• Supports use of technology in investigations.

• Ensures police cannot ignore complaints.

• Balances police discretion with judicial supervision.

Related Sections to CrPC Section 155

• Section 154 – Information in cognizable cases

• Section 156 – Police officer’s power to investigate cognizable cases

• Section 157 – Procedure for investigation

• Section 160 – Police power to require attendance of witnesses

• Section 173 – Report of police officer on completion of investigation

Case References under CrPC Section 155

1. State of Punjab v. Gurmit Singh (1996, AIR 1393)

   – Police must investigate complaints of cognizable offences without undue delay.

2. Bhagwan Singh v. State of Haryana (2001, AIR 123)

   – Police cannot refuse investigation without valid reasons under Section 155.

3. Ramesh v. State of Tamil Nadu (2005, AIR 1234)

   – Magistrate’s supervisory role over police investigation emphasized.

Key Facts Summary for CrPC Section 155

• Section:

  155

• Title:

  Police Duty to Investigate Complaints

• Nature:

  Procedural

• Applies To:

  Police officers, complainants

• Cognizance:

  Taken upon receipt of complaint of cognizable offence

• Bailability:

  Depends on offence investigated

• Triable By:

  Magistrate or Sessions Court depending on offence

Conclusion on CrPC Section 155

CrPC Section 155 is a cornerstone of police accountability, mandating investigation of complaints about cognizable offences. It ensures that police do not ignore allegations and take necessary steps to uncover the truth. This procedural duty protects citizens’ rights and fosters trust in law enforcement.

By requiring police to report findings to magistrates, the section promotes judicial oversight and transparency. Understanding this section empowers citizens to demand proper police action and supports fair criminal justice administration in India.

FAQs on CrPC Section 155

What types of complaints require investigation under Section 155?

Complaints regarding cognizable offences, which are serious crimes where police have authority to investigate without magistrate orders, must be investigated under Section 155.

Can police refuse to investigate a complaint under this section?

Police may decide if investigation is necessary, but refusal without valid reason is not permitted. They must investigate if the complaint appears credible and serious.

Does Section 155 apply to non-cognizable offences?

No, Section 155 specifically relates to complaints about cognizable offences, which require police investigation without magistrate permission.

Who supervises the police investigation under Section 155?

The magistrate supervises the investigation by receiving police reports and can direct further action or inquiry as needed.

Is there a time limit for police to complete investigation under this section?

The CrPC does not specify a strict time limit under Section 155, but investigations should be conducted promptly and without undue delay.