FIR (Ss.154 - Ss.176)
FIR in Cognizable cases -
- A First Information Report is Information(facts) of a cognizable offence, given orally or in writing to an officer of a police station. It is read over to the informant if given orally, signed by tthe informant, an entry or the essence/substance(material particulars) is entered into a book(S.155) called the 'Station House General Diary'. A reliable telephonic message disclosing a cognizable offence which is not cryptic or anonymous is valid.
- It must be given free of charge to the informant(Art 21 of Constitution). (S.154) If the Station House Officer refuses to register, the substance can be sent to the Superintendent of Police(District) or the Commissioner of Police(Metropolitan), who, if satisfied, either makes investigation himself or directs investigation by his subordinates. InState of A.P Vs P.Ramulu it was held that refusal to record information is a dereliction of duty even if it is a wrong police station. In a cognizable case the police-officer doesnot require a warrant from the magistrate to arrest.
- An FIR is not a substantive evidence - State of M.P Vs Surbhan.Substantive meaning it can stand by itself. It can only corroborate or contradict the maker. It does not need to have the minutest detail but has to prima facie show that an offence has been committed and is sine qua non for registration of an FIR.
- Courts do not interfere at the stage of investigation as stated in Jayant Vitamins Ltd Vs C.Kumar. Only if they are illegal or in exceptional cases, then courts interfere - for ex, if the investigating officer is involved in the crime as in Punjab & Haryana Bar Association Vs State of Punjab.
- (S.157)Upon receipt he sends a report to the Magistrate and proceeds in person or deputes a subordinate to discover or arrest of the offender. If the police-officer thinks offence is not of a serious nature or the persons complicity is not established, in State of Haryana Vs Bhajan Lal he states his reasons in the report to the Magistrate and informs the informant that he is not willing to investigate it.
- (S.158)The report is sent through a senior officer as the State Govt may direct, and such officer gives necessary instructions to the police-officer and sends it to the Magistrate.
- (S.159)The Magistrate can direct investigation or hold a preliminary inquiry or depute any subordinate Magistrate to do so or he can dispose of the case.
- All the names of the witnesses need not be mentioned. In investigation the Police-officer is concerned with 2 objectives- Whether the offences alleged have been committed ? -Who has committed them ?
S.155 says that in a non cognizable case the police-officer doesnot have the power to investigate or arrest unless he gets permission or order from a Magistrate. If in 2 or more offences one of them is cognizable then the whole case is deemed to be cognizable.
Witness Attendance -
(S.160) A police officer by a written order can require the attendance of witnesses or persons acquainted with the case to give statements and record them in writing. However, no person below 15 years is required to attend at a place other than where s/he orinarily resides. (Bodhraj Vs State of J& K )The persons are bound to state truthfully except for answers that expose them to self incrimination like criminal charge, penalty or forfeiture.
Statement to police -
Persons making statements donot have to sign any record and is not to be used in any inquiry or trial in respect of any offence under investigation except -
- that the statements can be used by the accused to contradict the witness. It can be used in re-examination for explaining any matter referred in the cross-examination.
- (S.162) If any part is missing in the statements (ommission) and is a significant or relevant fact amounts to contradiction.
- (S.163)A police officer should not induce or promise or threaten a witness who is making out of his own free will except that he can caution in case of a confession under S.164.
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