In today’s article we To know in detail about section 156(3) of the Code of Criminal Procedure, 1973, how is the use of section 156(3) of the Code of Criminal Procedure?
In the Indian Penal Code, 1860, the definition of offense has been given and the punishment to be given in relation to these offenses has also been provided, but there is a provision of procedure in relation to the procedure to be adopted in relation to these offenses. Code of Criminal Procedure 1973, has been described in
Before understanding section 156(3) of the Code of Criminal Procedure 1973, it is necessary to understand section 154.
What does section 154 of the Code of Criminal Procedure 1973 say?
Wherever a notice of the occurrence of a cognizable offense under section 154 of the Code of Criminal Procedure is given to the officer in charge of the police station, it shall be in writing by the in-charge of the police station or any police officer of the station directed by him, and such cognizable The notice in writing shall be read out to the person giving notice of the offense and every such notice shall bear the signature of the person giving the notice.
If a notice of the same cognizable offense is given in writing, this written notice shall be signed by the person giving such notice.
If notice of the occurrence of a cognizable offense is given orally or in writing to the in-charge of the station, every such notice shall be signed by the person giving such notice and the substance of such notice shall be written in such book as may be prescribed by the in-charge of the station in such form. which may be prescribed by the State Government for recording the information of the incident.
If the information about the crime that happens to women is given by a woman, then every such incident will be reported by the lady police officer of the police station.
Questions arising in your mind about 156(3) and their answers. ,
- What is section 156(3) of the Code of Criminal Procedure, 1973?
- When is it used?
- What are the points to be kept in mind while writing the application u/s 156(3) before the Court?
Know the answers to these questions in detail.
What is section 156(3) of the Code of Criminal Procedure, 1973?
Under Section 156(3) of the Code of Criminal Procedure, 1973, the Magistrate of the first class and the Magistrate of the second class, empowered under section 190 of the Act, have the power to take cognizance of the offense on receipt of a complaint in respect of any offence, and can order to ensure proper investigation in relation to the offence. This order includes a direction to register a First Information Report.
If 156(3) is understood more simply,
When notice of the occurrence of an offense under section 154 is given orally or in writing to the in-charge of the police station and the person aggrieved by the refusal to record it by the in-charge of the police station, the person aggrieved may receive the information of the offense under sub-section 3 of section 154 of the Act. If the abstract is sent in writing to the Superintendent of Police by registered post, and no action is taken by the Superintendent of Police also,
The person giving the information of the offense makes a complaint in writing before the Magistrate of the first class or the Magistrate of the second class under section 156(3) of the Act, orders are passed to register the first information report after proper inquiry in relation to the said offense. Please go.
A Magistrate of the first class or a Magistrate of the second class, empowered under section 190, may take cognizance of the offense on the basis of the complaint received in relation to the offense, order an inquiry, and order to register a first information report in the direction of this inquiry. Instructions included.
What are the points to be kept in mind while writing an application before the Court under 156(3)?
When the primary police officer to be registered under section 154 in respect of an offense refuses to be recorded, by the victim or her family in a Court of Jurisdiction of the First Class or Magistrate of the Second Class A written request is made to pass order for registration of FIR.
Some of the points to be written in this written application are as follows:-
- name of the court,
- name of the applicant,
- name of the antagonist,
- clear description of the event,
- type of event,
- Name of the person involved in the incident,
- event, place of occurrence,
- event, day of occurrence, time,
- The incident, referring to the witnesses present at the time of its occurrence,
- The incident was reported by the appellant to the concerned police station, but no action was taken.
- The information of the incident was sent by the applicant through registered post, no action was taken from there also.
- The applicant has now come to the court for seeking justice.
156(3) Documents to be attached with the application.
- Copy of the application giving written information of the incident in the police station,
- A copy of the incident was sent to the Superintendent of Police by registered post through written information,
- Registered postal receipt copy,
- Medical report of the incident.