Officer Incharge of police station is required to perform some specific duties when he receives some information not only about commission of cognizable offence, but also about commission of non-cognizable offence. Main difference between performances of such duties is that he is not to refer information to magistrate in case of commission of cognizable offence while he is to refer informant to magistrate in case of commission of non-cognizable offence.
2. Relevant Provisions
Section 154, 155, 156 of Code of Criminal Procedure.
3. Duties of officer incharge of Police station on receiving information about cognizable offence or duties and powers police officer for registering or refusing to register complaint of cognizable offence
Following are duties of officer incharge of police station when receives information about commission of cognizable offence or followings are duties and powers of police officer for registering or refusing to register complaint of cognizable offence.
i. Reducing of Information to writing
If such information is given orally, such information should be reduced to writing by police officer or officer incharge of police station or under his direction.
ii. Reading of Information to informant
When such oral information is reduced to writing, it should be read over to informant.
iii. Signature of Informant
When such oral information is reduced to writing or when such information is given in writing, it should be signed by informant.
iv. Entering of Information in book
Such information should be kept in prescribed book.
v. Investigation of Cognizable case
Without order of magistrate, police officer or officer incharge of police station can investigate any cognizable case.
4. Duties and Powers of Police officer for Registering or Refusing to register complaint of Non-Cognizable offence.
Following are duties and powers of police officer for registering or refusing to register complaint of non-cognizable offence.
i. Entering of Information book
When information of commission of non-cognizable offence is given to officer in charge of police station, he should enter such information in prescribed book.
ii. Referring of Informant to Magistrate
After entering such information in prescribed book, officer incharge of police station should refer informant to magistrate.
iii. Investigation of Non-Cognizable offence
For explanation of powers of officer incharge of police station for investigation of non-cognizable offence, following points are important to discuss it.
a. Investigation with order of Magistrate or sending of case to Court of Session
Police officer should investigate a non-cognizable case only with order of magistrate of first or second class, which has power to try such case, or police officer, can send such case for trial to Court of Session.
b. Powers in respect of investigation
Any police officer, who receives order of magistrate for investigation of non-cognizable case, can exercise the same powers in respect of investigation as an officer incharge of a police station can exercise such powers to arrest without warrant.
To conclude, it can be stated that relevant provisions of Criminal Procedure Code reveal that officer incharge of police station possesses powers to investigate both cognizable and non-cognizable offences. However, he can conduct investigation of non-cognizable case only with order of magistrate of first or second class.