Unravelling the Distinctions: Section 156(3) vs. Section 200 of the CrPC

Under the Code of Criminal Procedure (CrPC) in India, Sections 156(3) and 200 are provisions for initiating criminal proceedings, but they serve different purposes and are used in different contexts. Here are the key differences between an application under Section 156(3) and a complaint under Section 200 of the CrPC:-

Section 156(3) CrPC:

1. Nature: Section 156(3) allows a Magistrate to direct the police to investigate a cognizable offense.
2. Application: The aggrieved party can file an application before the Magistrate if the police fail to register an FIR after a complaint of a cognizable offense.
3. Procedure: The Magistrate can order the police to register an FIR and conduct an investigation. The police will then follow the regular process of investigation, which includes collecting evidence, recording statements, and possibly arresting the accused.
4. Stage: This section is used at a pre-investigation stage when the aggrieved party seeks the initiation of police investigation.
5. Purpose: It ensures that the police perform their duty of investigating cognizable offenses and registering FIRs when they fail to do so on their own.

Section 200 CrPC:

1. Nature: Section 200 pertains to the examination of a complaint by the Magistrate.
2. Application: An aggrieved person can directly file a complaint before the Magistrate regarding an offense.
3. Procedure: Upon receiving the complaint, the Magistrate examines the complainant and the witnesses (if any) on oath. The Magistrate then decides whether there is sufficient ground to proceed with the complaint.
4. Stage: This section is used at the stage where the complainant directly approaches the court without involving the police for an initial investigation.
5. Purpose: It provides a mechanism for the complainant to bring an offense directly to the court’s attention, bypassing the police.

Summary of Differences:

• 156(3) CrPC: Used to compel the police to register an FIR and investigate a cognizable offense. The Magistrate’s role is to ensure police action when it is not forthcoming. It is typically employed when the police have failed to act on a complaint about a cognizable offense.

• 200 CrPC: Allows the complainant to directly file a complaint before the Magistrate. The Magistrate then examines the complaint and the complainant on oath. This section is used when the complainant wishes to bring the offense directly to the attention of the judicial system without waiting for police intervention.

 

Detailed Comparison:

Aspect	Section 156(3) CrPC	Section 200 CrPC
Nature	Magistrate directs police to investigate	Magistrate examines the complaint and complainant
Initiation	Application by aggrieved party due to police inaction	Complaint directly filed by the aggrieved party
Role of Magistrate	Orders police to register FIR and investigate	Examines complainant and witnesses on oath
Police Involvement	Investigation conducted by the police	Police involvement comes later, only if Magistrate orders an investigation under Section 202 CrPC
Stage	Pre-investigation stage	Initial stage of judicial process
Purpose	Ensures police register and investigate cognizable offenses	Allows direct judicial notice of a complaint
Follow-up Action	Police follow regular investigation procedures	Magistrate may issue process if grounds are found
Typical Use Case	When police fail to register FIR or investigate	When complainant wants to bring a matter directly to court’s notice

Practical Considerations:

• 156(3) CrPC is often used when there is a clear cognizable offense, but the police are not taking action. The Magistrate’s order compels the police to act, ensuring that the investigation is carried out.
• 200 CrPC is used when the complainant wants the matter to be directly addressed by the court, particularly useful in cases where the complainant believes that direct judicial intervention is necessary or more effective than police investigation.

Procedural Flow:-

1. Section 156(3) CrPC:
   • Complainant files an application before the Magistrate.
   • Magistrate orders the police to register an FIR and investigate.
   • Police conduct the investigation and submit a report.
2. Section 200 CrPC:
   • Complainant files a complaint before the Magistrate.
   • Magistrate examines the complainant and witnesses.
   • If sufficient grounds are found, the Magistrate issues process (summons/warrants) or orders an inquiry/investigation under Section 202 CrPC.

By understanding these distinctions, complainants can choose the appropriate legal route based on their specific circumstances and the nature of their grievance.

 

 

1. Can 156(3) application be filed when NCR has been registered?

Yes, an application under Section 156(3) CrPC can be filed even if a Non-Cognizable Report (NCR) has been registered by the police. This is because an NCR pertains to non-cognizable offenses, where the police do not have the authority to investigate without the direction of a Magistrate. Here’s how the process works:

Understanding NCR and Its Limitations:

1. Non-Cognizable Offense: When the police register an NCR, it means the complaint pertains to a non-cognizable offense. In such cases, the police can only take action with the permission of a Magistrate.
2. Limited Police Action: The police cannot conduct an investigation or arrest without the Magistrate’s direction in non-cognizable offenses.
   • What are the dos and don’ts for Magistrates in such cases
3. Magistrate to apply his mind to the allegations contained in the application u/s. 156(3) CrPC before ordering registration of FIR & investigation thereof— When an application u/s. 156(3) CrPC is moved before the Magistrate, the Magistrate need not at once proceed to take cognizance and before sending the same to the police for registration of FIR and investigation thereof, the Magistrate has to apply his mind to the allegations contained in the application. See—
4. Ram Babu Gupta vs. State of U.P., 2001 (43) ACC 50 (All—F.B.)
5. Yogendra Singh vs. State of U.P., 2003 (46) ACC 1008 (All)
6. Paul George vs. State, 2002 SCC (Criminal) 340
7. Pushpa Devi vs. State of U.P., 2009 (6) ALJ 373 (All)
8. Testing genuineness of allegations in the application u/s. 156(3) CrPC by evidence not to be done by Magistrate— (A) A Magistrate u/s. 156(3) CrPC is not required to go into the factum of genuineness of allegations contained in the application. If the contents of the application disclose a cognizable offence, Magistrate has to pass order for registration of FIR and investigation thereof. Assessment of evidence and drawing of inferences not required to be done u/s. 156(3) CrPC. See—
   • Ram Pal Singh vs. State of U.P., 2007 (1) J.Cr.C. 257 (All)
   • Rajendra Prasad vs. ACJM, Lucknow, 1996 JIC 5 (All—L.B.)
   • Roop Ram vs. State of U.P., 2009 (66) ACC 870 (All)

 

Conclusion:

Filing an application under Section 156(3) CrPC after the registration of an NCR is a valid legal recourse to ensure that appropriate action is taken for offenses that require a thorough investigation. The application serves to move the case from the realm of non-cognizable to cognizable, prompting the police to take necessary investigative actions.

Written By – Adv Ayantika Mondal