(1) 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 under the provisions of Chapter XIII.
(2) No proceeding of a police officer in any such case shall at any stage be called in question on the ground that the case was one which such officer was not empowered under this section to investigate.
(3) Any Magistrate empowered under section 190 may order such an investigation as above-mentioned.
STATE AMENDMENT
Maharashtra
Amendment of section 156.--In section 156 of the Code of Criminal Procedure,
1973, (2 of 1974) in its application to the State of Maharashtra (hereinafter
referred to as "the said Code"), after sub-section (3), the following provisos
shall be added, namely:-
"Provided that, no Magistrate shall order an investigation under this section against a person who is or was a public servant as defined under any other law for the time being in force, in respect of the act done by such public servant while acting or purporting to act in the discharge of his official duties, except with the previous sanction under section 197 of the Code of Criminal Procedure, 1973 (2 of 1974) or under any law for the time being in force:
Provided further that, the sanctioning authority shall take a decision within a period of ninety days from the date of the receipt of the proposal for sanction and in case the sanctioning authority fails to take the decision within the said stipulated period of ninety days, the sanction shall be deemed to have been accorded by the sanctioning authority.".
[Vide Maharashtra Act 33 of 2016, s. 2.]
Code of Criminal Procedure (CrPC)
151 CrPC Information of design to commit cognizable offences
152 CrPC Prevention of injury to public property
153 CrPC Inspection of weights and measures
154 CrPC Information in cognizable cases
155 CrPC Information as to non-cognizable cases and investigation of such cases
156 CrPC Police officer's power to investigate cognizable case
157 CrPC Procedure for investigation
159 CrPC Power to hold investigation or preliminary inquiry
160 CrPC Police officers power to require attendance of witnesses