Correct option is B
Permission to investigate a non-cognizable offence can be granted by a Magistrate having jurisdiction to try the offence. According to Section 155(2) of the Criminal Procedure Code (CrPC), 1973, a police officer cannot investigate a non-cognizable offence without the order of a Magistrate who has the jurisdiction to try such an offence. This section ensures that the investigation of non-cognizable offences is not initiated without proper judicial oversight.
Information Booster
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Non-Cognizable Offence and Investigation: A non-cognizable offence is one where the police do not have the authority to arrest the accused without a warrant and cannot start an investigation without the permission of a Magistrate. These offences are generally less serious compared to cognizable offences, which include more severe crimes like murder, robbery, and others.
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Role of Magistrate in Non-Cognizable Offence: The Magistrate with jurisdiction to try the offence has the authority to grant permission to the police to investigate non-cognizable offences. This ensures that the police do not overstep their powers and that the investigation is carried out under judicial supervision. The Magistrate's permission is a safeguard against unnecessary or arbitrary investigations into minor offences.
Additional Knowledge
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(a) Magistrate First Class in Any Part of India: A Magistrate of the first class may have significant powers, but they can only exercise these within their jurisdiction. They cannot grant permission to investigate non-cognizable offences across India unless the offence falls within their specific jurisdiction.
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(c) Magistrate in Any Part of the State: While Magistrates operate within a state, their powers are limited to their designated areas of jurisdiction. They cannot authorize investigations outside their jurisdiction unless specific provisions apply.
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(d) Session Judge: A Sessions Judge deals with more serious matters and does not typically grant permission to investigate non-cognizable offences. Their role is more focused on handling and trying cases that are beyond the purview of Magistrates, particularly those involving serious offences.
