Which of the following statements of law is incorrect in the context of decision of Supreme Court in…
In Sakiri Vasu v. State of U.P. (2008) the Supreme Court held that a Magistrate's power under section 156(3) of the Code of Criminal Procedure, 1973 includes directing the…
Choose your answer
Which of the following statements of law is incorrect in the context of decision of Supreme Court in Sakiri Vasu v. State of U.P. (AIR 2008 SC 907)?
Answer and explanation
Correct answer D
In Sakiri Vasu v. State of U.P. (2008) the Supreme Court held that a Magistrate's power under section 156(3) of the Code of Criminal Procedure, 1973 includes directing the police to register an FIR and to investigate properly, and monitoring the investigation, but that a Magistrate cannot direct the CBI to investigate, which only the High Court or the Supreme Court may do. Each listed statement is therefore correct in the light of that decision, so "None of the given options is correct".
Current law: the Magistrate's power to order investigation is now in section 175(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023, which adds the need for an application supported by an affidavit.
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