Section 156(3) of the Code of Criminal Procedure (CrPC) allows a Judicial Magistrate to order the police to investigate a cognizable offence and register a First Information Report (FIR). This is a vital legal remedy when local police refuse to accept or act on a complaint.Key Aspects of Section 156(3)Purpose: It serves as a safeguard against police inaction. If you report a cognizable offense (like theft, fraud, or assault)
and the police fail to file an FIR, you can approach the Magistrate directly using this provision.
Pre-Cognizance Stage: The order for investigation is issued before the Magistrate takes formal judicial notice (cognizance) of the case.
The goal is to let the police gather evidence first.The Process: The complaint is submitted to the Magistrate via an advocate (or in person),
who then applies their mind to the allegations. If satisfied that it involves a cognizable offense requiring a full police investigation, the
Magistrate will direct the local police station to register an FIR and investigate.Important DetailsSupreme Court Guidelines:
The Supreme Court of India has clarified that Magistrates should not use this power mechanically. The complaint must be substantial and filed
in good faith.New Criminal Law (BNSS): In the updated Indian criminal justice system, the core of this provision has been carried over and
operates under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS).