IPC Section 155 does not define any offence or punishment. It is actually Section 155 of the Code of Criminal Procedure, 1973 (CrPC), which deals with information related to non-cognizable offences and the powers of police in such cases. Under this provision, police cannot start investigation without permission from a Magistrate. After the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), this provision continues in a similar form under the new law.
Detailed Explanation
Many people search for “IPC Section 155”, but the provision actually belongs to the Code of Criminal Procedure (CrPC), not the Indian Penal Code (IPC).
Section 155 CrPC explains what police should do when a person reports a non-cognizable offence.
A non-cognizable offence is a less serious offence where police cannot arrest a person without a warrant and cannot begin investigation on their own. Examples include simple defamation, public nuisance, or minor hurt in some situations.
When information about such an offence is given at a police station, the police officer must:
- Record the information in a prescribed register.
- Refer the complainant to the Magistrate.
- Take permission from the Magistrate before starting investigation.
What Happens Under Section 155 CrPC?
| Point | Explanation |
|---|---|
| Nature of offence | Applies to non-cognizable offences |
| Police power | Police cannot investigate without Magistrate’s order |
| FIR status | Usually entered as NCR (Non-Cognizable Report), not regular FIR |
| Arrest power | No arrest without warrant |
| Magistrate role | Magistrate can allow investigation |
Difference Between Cognizable and Non-Cognizable Offence
| Type | Police Power |
|---|---|
| Cognizable offence | Police can register FIR and investigate immediately |
| Non-cognizable offence | Police need Magistrate’s permission to investigate |
Serious crimes like murder, kidnapping, rape, and robbery are cognizable offences. Minor disputes and less serious offences are often non-cognizable.
Example of IPC Section 155 Situation
Suppose a person files a complaint for verbal abuse or minor defamation. The police may record it as a non-cognizable complaint under Section 155 CrPC. The police officer cannot directly begin investigation unless a Magistrate gives written permission.
This provision protects citizens from unnecessary police action in minor disputes.
Can Police Register FIR Under Section 155?
In non-cognizable matters, police generally do not register a regular FIR under Section 154 CrPC. Instead, they make an entry in the station diary or NCR register.
However, if the complaint also contains a cognizable offence, then police can register an FIR and investigate the entire matter.
Section 155 Under BNSS, 2023
India has replaced the CrPC with the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
The legal principle regarding non-cognizable offences remains largely similar under the new criminal procedure law. Police still require Magistrate approval before investigating non-cognizable offences.
Readers should note that many people still use the older term “IPC Section 155” while searching online, even though the provision belongs to criminal procedure law.
Key Points / Important Facts
- IPC Section 155 is commonly used to refer to Section 155 CrPC.
- It deals with non-cognizable offences.
- Police cannot investigate such offences without Magistrate permission.
- Police usually record an NCR instead of FIR.
- Arrest without warrant is generally not allowed in these cases.
- The provision helps prevent misuse of police powers in minor disputes.
- The CrPC has been replaced by BNSS, 2023, but similar rules continue.
- If a case includes both cognizable and non-cognizable offences, police may investigate the full matter.
Legal Provision or Section
Relevant Law
- Code of Criminal Procedure, 1973 (CrPC)
- Section 155
- Present status: Replaced by Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)
What Section 155 CrPC Says
Section 155 states that when information regarding a non-cognizable offence is given to a police officer:
- The information should be entered in a prescribed record.
- The informant should be referred to the Magistrate.
- Police cannot investigate the matter without Magistrate’s order.
- After receiving permission, police may investigate with similar powers as in cognizable cases, except arrest without warrant.
This section is procedural in nature. It regulates how police handle less serious criminal complaints.
Conclusion
IPC Section 155 is widely searched online, but the provision actually belongs to the CrPC. It deals with complaints related to non-cognizable offences and limits police powers unless a Magistrate permits investigation. Understanding this section is important for anyone involved in police complaints, minor criminal disputes, or legal proceedings in India. The same legal concept continues under the BNSS, 2023 framework.
Sources & References
- India Code – Code of Criminal Procedure, 1973
- India Code – Bharatiya Nagarik Suraksha Sanhita, 2023
- Legislative Department, Government of India
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Prabh Kalsi provides global legal information and educational content to help readers understand legal concepts, rights, and processes across different countries. With experience in researching legal topics and simplifying complex legal information, he creates easy-to-understand content based on publicly available and trusted sources. This content is intended for informational purposes only.