Cognizance of offence

Ladhu Ram Chowdhary (Querist) 29 January 2010 This query is : Resolved
What is the true import of term "May" in sub section 3 of Sec. 156 Cr.P.C.?

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tarun goyal (Expert) 29 January 2010
to understand the true import of word "may' in any section of any Act, we have to look in to the difference in the meanings of "shall' and 'May" the word may wherever occurs implies not mandatory or in the strict sense. whereas in the case of word "shall" it is strictly as per conditions laid. for example in the section itself the sentence is " Any officer in charge of a police station may, without the order of a Magistrate, investigate any cognizable case which a court having jurisdiction over the local area within the limits of such station would have power to inquire into or try under the provisions of Chapter XIII.this clearly implies that it is not mandatory that the officer incharge in every case has to seek permission of the jurisdictional Magistrate and all that depends o nthe circumstances of the case. had the word been "shall' then the officer wuld have to seek permission to investigate the case

Guest (Expert) 30 January 2010
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