F.I.R and Its Procedure

What is F.I.R and Its Procedure

F.I.R. – Brings Law in motion

First Information Report Commonly known as F.I.R is first and foremost important step to set the criminal law in motion. Though the term F.I.R is nowhere mentioned in the code of criminal procedure but information given under Section 154 of Crpc is popularly known as F.I.R. What is F.I.R and Its Procedure

Provision of section 154 makes possible that any person aware of the commission of any cognizable offence may give information to the police and may, thereby set the criminal law in motion. Such information is to be given to the officer –in –charge of the police station having jurisdiction to investigate the offence. The information so received shall be recorded in such form and manner as under provided in Section 154. This section is intended to ensure the making of an accurate record of the information given to the police.

An analysis of S.154 brings out the following points:
(1) The information is to be given to an officer in charge of a police station having jurisdiction for investigating the case[S.154 (1)].

(2) If the information is given orally to such officer, it shall be reduced to writing by the officer himself or under his direction [s.154 (1)].

(3) The information, if given in writing, or if reduced to writing as aforesaid, shall be signed by the Informant [S.154 (1)].

(4) The information as taken down in writing shall be read over to the Informant [S.154 (1)]].

(5) The substance of the information is then to be entered by the Police officer in a book kept by him in the prescribed form [S.154 (1)]. This book is called Station Diary or General Diary (S.44 of the Police Act.1861).

 

(6) The informant then shall forthwith be given a copy of the information as recorded in the aforesaid manner [S.154 (2)].

Refusal on part of police to register F.I.R.

The principal object of the first information report from the point of view of the Informant is to set the criminal law in motion. And the police cannot refuse to register the complaint nor this power be usurped by the magistrate. This object will be defeated if the police officer in charge of the police station refuses to record the information as required by the above stated  provision of S.154(1).
Here S.154(3) comes into picture which provides that if any person is aggrieved by a refusal on the part of the police officer in charge of a police station to record the information, he may send by post the substance of such information in writing to the Superintendent of police(S.P) concerned. If the Superintendent is satisfied that the information discloses the commission of a cognizable offence, he shall either investigate the case himself or direct an investigation to be made by a subordinate police officer in the manner provided by the code. Sub section (3) of S.154 further provides that such subordinate police officer investigating the offence shall have all the powers of an officer in charge of police station in relation to that offence.

by Ruchika Surana

 

 

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