Distinction between direction to investigate under Section 156(3) and Section 202(1)

It was held in Mohd. Yousuf v. Afaq Jahan, 2006 CrLJ 788 (SC), that investigation envisaged in Section 156 is different from investigation under Section 202. Section 156 falls within Chapter XII which deals with powers of Police Officers to investigate cognizable offences. Investigation under Section 202 is contained in Chapter XV. Investigation under Chapter XII can be commenced even without order of Magistrate but that does not mean that when a Magistrate orders investigation under Section 156(3), it would be a different kind of investigation. Such investigation ends with submission of report under Section 173.

Investigation under Section 156 is before a Magistrate takes cognizance and the one under Section 202 is after taking cognizance and is therefore of a limited nature. It is for helping the Magistrate to decide whether or not there is sufficient ground for him to proceed further and to issue process. The cognizance of the offence being already taken by the Magistrate on the complaint, the subsequent police investigation and report under Section 202 will not make the case as one instituted on a police report. If you want to be a judicial officer and are looking for RJS coaching in Jaipur, here, at Jyoti Judiciary we provide comprehensive study material to make your preparation solidified and topnotch. From preliminary mock tests, to mains answer writing sessions every material required for clearing the exam is provided. We have separate legal current affairs classes, legal general knowledge, current affairs classes all in one time enrolment. Hurry up.