top of page

CrPC Section 19

CrPC Section 19 empowers police to investigate offences without a complaint, enabling prompt action in public interest cases.

CrPC Section 19 – Police Power to Investigate Without Complaint

CrPC Section 19 authorizes police officers to initiate investigations into cognizable offences even without a formal complaint or information from a victim. This provision is vital for prompt law enforcement action, especially in cases affecting public order or safety. Understanding this section helps citizens and law enforcement grasp when police can act proactively.

This section plays a crucial procedural role by allowing police to begin inquiries on their own knowledge or suspicion, ensuring timely intervention. It prevents delays that could arise if police waited for formal complaints, thus protecting society and upholding justice.

CrPC Section 19 – Exact Provision

This section empowers police officers to act upon any information or their own knowledge regarding a cognizable offence. They can initiate or direct an investigation without prior magistrate approval. This facilitates swift law enforcement and helps prevent crime escalation.

  • Police can investigate cognizable offences without complaint.

  • No magistrate order needed to start investigation.

  • Applies when police receive information or otherwise know of offence.

  • Ensures prompt police action in public interest.

  • Supports proactive crime prevention and detection.

Explanation of CrPC Section 19

Simply put, this section lets police start investigating serious crimes even if no one files a complaint. It helps them act quickly based on any reliable information or suspicion.

  • The section states police may investigate on receiving information or otherwise knowing about a cognizable offence.

  • It affects police officers and the public by enabling early action.

  • Triggered when police have knowledge or information about a cognizable offence.

  • Police can begin investigation without magistrate’s permission.

  • Police cannot ignore such information and must act responsibly.

Purpose and Rationale of CrPC Section 19

The main purpose is to empower police to act promptly in serious offences without waiting for formal complaints. This protects public safety and ensures timely justice. It balances police authority with safeguards against arbitrary action by requiring investigations to be based on credible information.

  • Protects citizens by enabling swift police response.

  • Ensures proper procedure by requiring investigation on credible information.

  • Balances police power and individual rights.

  • Prevents misuse by mandating investigation only on cognizable offences.

When CrPC Section 19 Applies

This section applies whenever police receive information or otherwise become aware of a cognizable offence. It allows them to start investigation immediately without waiting for a complaint or magistrate’s order.

  • Must be a cognizable offence.

  • Police officer receives information or otherwise knows about the offence.

  • Police have authority to investigate without magistrate’s prior approval.

  • Applies throughout India under CrPC jurisdiction.

  • No time limit but investigation must be reasonable and lawful.

Cognizance under CrPC Section 19

Cognizance is taken when a police officer receives information or otherwise comes to know about a cognizable offence. The officer can then initiate investigation without magistrate’s order. This is the first step in criminal procedure for serious offences.

  • Police officer receives information or gains knowledge of offence.

  • Officer records information and begins investigation.

  • No need to approach magistrate before starting investigation.

Bailability under CrPC Section 19

Section 19 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 under other CrPC provisions.

  • Bail depends on the specific offence investigated.

  • Police investigation under Section 19 does not affect bail rights.

  • Bail conditions follow general CrPC rules for cognizable offences.

Triable By (Court Jurisdiction for CrPC Section 19)

Section 19 relates to investigation and does not specify trial courts. Cognizable offences investigated under this section are generally triable by Magistrate or Sessions Court depending on offence severity.

  • Trial court depends on offence classification.

  • Magistrate courts try less serious cognizable offences.

  • Sessions courts try serious offences.

Appeal and Revision Path under CrPC Section 19

Since Section 19 deals with investigation, appeals relate to subsequent trial or magistrate orders. Revisions may be sought against magistrate orders during investigation or trial stages as per CrPC.

  • Appeals against trial court judgments.

  • Revision petitions against magistrate orders.

  • Timelines depend on specific orders and CrPC provisions.

Example of CrPC Section 19 in Practical Use

Person X witnesses a serious assault in a public park and informs the local police. Even though no formal complaint is filed by the victim, police under Section 19 start investigating immediately. They collect evidence and identify suspects, preventing further harm and ensuring justice.

  • Section 19 enabled police to act without waiting for victim’s complaint.

  • Key takeaway: police can proactively investigate serious offences to protect public.

Historical Relevance of CrPC Section 19

Section 19 has been part of the CrPC since early codifications, reflecting the need for police to act promptly in serious crimes. Amendments have clarified its scope to prevent misuse and ensure investigations are based on credible information.

  • Originally included to empower police in cognizable offences.

  • Amendments refined conditions for investigation initiation.

  • Modern updates emphasize balance between police power and rights.

Modern Relevance of CrPC Section 19

In 2026, Section 19 remains crucial for enabling timely police action in the digital age, where information about crimes can come from various sources. It supports proactive policing while safeguarding procedural fairness and citizen rights.

  • Supports investigation based on digital and traditional information.

  • Helps police respond quickly to emerging threats.

  • Ensures investigations comply with legal safeguards.

Related Sections to CrPC Section 19

  • Section 154 – Information in cognizable cases

  • Section 156 – Police officer’s power to investigate

  • Section 157 – Procedure when offence not committed in jurisdiction

  • Section 41 – Arrest without warrant

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

Case References under CrPC Section 19

  1. State of Punjab v. Baldev Singh (1999, AIR 1999 SC 2378)

    – Police can initiate investigation without complaint if they have credible information about cognizable offence.

  2. Kartar Singh v. State of Punjab (1994, AIR 1994 SC 1361)

    – Emphasized police duty to investigate cognizable offences promptly under Section 19.

  3. Ramesh v. State of Tamil Nadu (2002, AIR 2002 SC 148)

    – Investigation without magistrate order is valid if police have knowledge of cognizable offence.

Key Facts Summary for CrPC Section 19

  • Section:

    19

  • Title:

    Police Power to Investigate Without Complaint

  • Nature:

    Procedural

  • Applies To:

    Police officers

  • Cognizance:

    Taken on police receiving information or otherwise knowing of offence

  • Bailability:

    Depends on offence investigated

  • Triable By:

    Magistrate or Sessions Court depending on offence

Conclusion on CrPC Section 19

CrPC Section 19 is fundamental in empowering police to act swiftly against cognizable offences without waiting for formal complaints. This ensures timely investigation, crime prevention, and protection of public safety. It balances police authority with safeguards to prevent arbitrary action.

Understanding this section helps citizens appreciate how law enforcement functions proactively. It also highlights the importance of credible information in triggering police investigations, reinforcing the rule of law and procedural fairness in the criminal justice system.

FAQs on CrPC Section 19

What types of offences does Section 19 apply to?

Section 19 applies only to cognizable offences, which are serious crimes where police can investigate without magistrate’s permission.

Can police investigate without a victim’s complaint under Section 19?

Yes, police can start investigation based on any reliable information or their own knowledge of a cognizable offence, even without a formal complaint.

Is magistrate’s approval needed before police investigate under Section 19?

No, police do not need prior magistrate approval to investigate cognizable offences under Section 19.

Does Section 19 affect bail rights of accused?

No, Section 19 relates to investigation. Bail rights depend on the nature of the offence and other CrPC provisions.

Who can take cognizance of an offence under Section 19?

The police officer who receives information or otherwise knows about a cognizable offence takes cognizance and initiates investigation.

Related Sections

IPC Section 325 defines punishment for voluntarily causing grievous hurt, specifying imprisonment and fines for such offences.

CPC Section 139 details the procedure for filing a written statement by the defendant in civil suits.

CrPC Section 175 mandates the attendance of witnesses and the penalties for non-compliance during criminal proceedings.

CrPC Section 289 deals with the punishment for negligent conduct with respect to fire or combustible matter causing damage.

IPC Section 378 defines theft, covering unlawful taking of property with intent to deprive the owner permanently.

IPC Section 31 defines the extent of a person's liability for acts done in good faith for another's benefit.

CPC Section 67 covers the procedure for arrest before judgment in civil suits to secure the decree amount.

CrPC Section 114 empowers courts to presume facts that are usually known or easily inferred to aid justice.

IPC Section 292 prohibits sale and distribution of obscene material to protect public morality and decency.

CPC Section 86 details the procedure for filing written statements in civil suits and its procedural significance.

CrPC Section 117 mandates police officers to report arrests to their superior officers promptly, ensuring accountability and transparency.

IPC Section 37 defines the punishment for attempts to commit offences punishable with death or life imprisonment.

bottom of page