Supreme Court of India

Keshav Lal Thakur v State of Bihar

AIRONLINE 1996 SC 117519961 min read
The case in brief30-second read
Facts
On a report by an official, the police registered a case under S.31 of the Representation of the People Act, 1950 against the appellant, investigated it and submitted a report, on which cognizance was taken. The offence under S.31 is non-cognizable, and no Magistrate had ordered an investigation.
Issue
Whether the police could register and investigate a non-cognizable offence without an order of a Magistrate under S.155(2) CrPC.
Held
The offence was non-cognizable, so the police could not register a case under S.154 CrPC. They could investigate only on an order of a competent Magistrate under S.155(2), and no such order had been passed. The police could therefore neither investigate nor submit a report on which cognizance could be taken. The Court noted that the Explanation to S.2(d) CrPC, which treats a police report in a non-cognizable case as a complaint, did not help the prosecution on the facts.
Principle
Police cannot investigate a non-cognizable offence without the order of a Magistrate; an investigation and report made without it are illegal.
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Facts

  • On a report by an official, the police registered a case under S.31 of the Representation of the People Act, 1950 against the appellant, investigated it and submitted a report, on which cognizance was taken. The offence under S.31 is non-cognizable, and no Magistrate had ordered an investigation.

Issue

  1. Whether the police could register and investigate a non-cognizable offence without an order of a Magistrate under S.155(2) CrPC.

Held

  • The offence was non-cognizable, so the police could not register a case under S.154 CrPC. They could investigate only on an order of a competent Magistrate under S.155(2), and no such order had been passed. The police could therefore neither investigate nor submit a report on which cognizance could be taken. The Court noted that the Explanation to S.2(d) CrPC, which treats a police report in a non-cognizable case as a complaint, did not help the prosecution on the facts.

Ratio decidendi

S.155(2) CrPC is mandatory. Without a Magistrate's order, the police have no power to investigate a non-cognizable offence, and a report resulting from such an investigation cannot found cognizance as a police report.

Exam use

How to use it in an answer

  • Non-cognizable cases: Cite with S.174(2) BNSS (S.155(2) CrPC).
  • Key line: "In Keshav Lal Thakur v State of Bihar, the Supreme Court held that an investigation of a non-cognizable offence without a Magistrate's order is illegal."
  • Citation note: Indian Kanoon lists only AIRONLINE 1996 SC 1175; other reporter citations are not confirmed and are omitted.

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Citation

Keshav Lal Thakur v State of Bihar AIRONLINE 1996 SC 1175

Reported: https://indiankanoon.org/doc/1892533/. This is an educational summary, not the judgment itself. Cite the reported version in professional or academic work.