Police can seek permission to investigate non-cognizable offences without first referring informant to Magistrate

The Legal Issue The Karnataka High Court addressed whether a police officer is mandated to first refer an informant to a Magistrate under Section 155(1) of the Code of Criminal Procedure, 1973 (CrPC), before seeking permission from the Magistrate to investigate a non-cognizable offence under Section 155(2) of the CrPC. The petitioner argued that the police must first direct the informant to the Magistrate, and only if the informant approaches the Magistrate and the Magistrate directs the police, can an investigation commence.

Court's Reasoning Justice M. Nagaprasanna, in the case of Sri. Ravikumar v. The State of Karnataka, 2024 LiveLaw (Kar) 178, clarified that Section 155(1) of the CrPC, which states that a police officer "shall refer the informant to the Magistrate," is directory and not mandatory. The Court reasoned that the word "shall" in Section 155(1) must be read in the context of the entire Section 155. The primary purpose of Section 155(1) is to ensure that the informant is aware that the police cannot investigate a non-cognizable offence without a Magistrate's order. However, Section 155(2) explicitly allows a police officer to investigate a non-cognizable case after obtaining an order from a Magistrate. The Court held that there is no legal impediment for a police officer to directly approach the Magistrate for permission to investigate, without first referring the informant. The Magistrate, upon receiving such a request, is then empowered to grant or refuse permission for the investigation. The Court also noted that under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), Section 175(1) and 175(2) largely mirror the provisions of the CrPC, and counsel should confirm which procedural code applies based on the date of the proceeding.

What Follows The Karnataka High Court dismissed the petition, affirming that the police are not required to refer the informant to the Magistrate under Section 155(1) CrPC before seeking permission to investigate a non-cognizable offence under Section 155(2) CrPC. Consequently, the investigation into the non-cognizable offence can proceed once the Magistrate grants permission to the police, irrespective of whether the informant was initially directed to the Magistrate.