What is 156/3

1 Answer

1. 

   Advocate Bhasker (Associate Member)

   Civil Law

   9 yrs ago

   156(3) is a section in criminal law; it's not only 156(3), it's 156(3) Cr.P.C.

   When the criminal offence has been committed, the complainant should ordinarily first avail of his remedy of filing an FIR in the Police Station. Under section 154 the information relating to the commission of the cognizable offence can be given to an officer in charge of the police station. Further, if the officer in charge of police station refuses to record the information in writing then lodge the complaint to the Superintendent of Police in writing. Thus, the station house officer refuses to register a complaint then the alternative remedy is Superintendent of Police under section 154 (3), but what if both the concerning authority refuses to register the FIR.

   If the Station House Officer as well as the Superintendent of Police refuses to register the FIR, or having registered it, do not hold proper investigation, the complainant then has a third alternative remedy to file an application under section 156 (3) CrPC before the concerned Magistrate. On receiving such a complaint the Magistrate may direct registration of FIR and/or proper investigation to impart justice in the alleged offence, and he can, in that case, also monitor the investigation.

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