Section 156 CrPC empowers the officer in charge of a police station to investigate a cognizable offence:
Aonly after obtaining the prior written permission of the Magistrate concerned (cf. CrPC, Section 156)
Bwithout the order of a Magistrate, in any cognizable case which a Court would have jurisdiction to try
Conly after a complaint is filed under Section 200 CrPC by the aggrieved party (cf. CrPC, Section 156)
Donly after a private complaint is converted to a complaint case by the Magistrate (cf. CrPC, Section 156)
Answer & Solution
Correct answer: B. without the order of a Magistrate, in any cognizable case which a Court would have jurisdiction to try
1. Section 156(1) CrPC: 'Any officer in charge of a police station may, without the order of a Magistrate, investigate any cognizable case which a Court having jurisdiction over the local area within the limits of such station would have power to inquire into or try.'
2. Section 156(3) empowers a Magistrate having jurisdiction under Section 190 to order an investigation.
3. The police's investigative power is autonomous in cognizable cases.
4. State of Haryana v. Bhajan Lal, 1992 Supp (1) SCC 335 explained the limits of judicial interference with investigation.
5. Hence option B is correct.
_Source: Indian Penal Code 1860 / Code of Criminal Procedure 1973 / Indian Evidence Act 1872 (Bare Acts, indiacode.nic.in) — CrPC, Section 156_
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