156(3)

Guest (Querist) 12 September 2012 This query is : Resolved
What is section 156(3) in 498a 504 506 3/4 DPA FIR?

What is the difference between direct FIR and via 156(3)?

Is 156(3) FIR slower than direct FIR by police station?

In what way it can help husband family?

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PARTHA P BORBORA (Expert) 12 September 2012
in simple,an FIR is the information given to a Police Station about the commission of an offense first in the point of time and if some one files the same before the Magistrate it attracts the provision under Section 153(3) Cr.P.C.

Guest (Querist) 12 September 2012

Do this make any difference in 498a?

Bhawani Mahapatra (Expert) 12 September 2012
Actully when Police donot receive FIR from the complainant for any reasons whatsoever, or when the complainant belives that the local Police will not act in fairly manner for investigation of the alleged crime, the alternate method i.e. u/s 156(3) of Cr.P.C is choosen. Its a provision where one can directly approach to the court and file a complain petition & if the magistrate satisfied, directs the local police to register and investigate the alleged crime.

Guest (Querist) 12 September 2012
I heard 156(3) is a slower process in 498a but faster if direct FIR and arrest.

JANAK RAJ VATSA (Expert) 12 September 2012
both the options are intended for the same destination. one is direct the other is via the court to be taken by the complainant if he deems it so necessary for variety of reasons

Guest (Querist) 12 September 2012
What is the bail process when case via 156(3)?
Is AB require?

PARTHA P BORBORA (Expert) 14 September 2012
as per the provision the magistrate may send the case to police or may take cognizence himself nd issue summons or may issue warrent of arrest in connection with 498 A IPC. If the court issue Summons court will allow bail on appearence 6f the accused. But if the court send the case to the police and they arreted the accused it is sometimes very difficult to get bail.

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