New Series- Questions and Answers for Judicial Service Exams- Justice Vs. Written by Ramkumar [1] | Rare Techy

A1. Police investigation

Question 1 What is an FIR?

The answer is An FIR is a First Information Report constituting “information” given to the Officer-in-Charge of a police station (Station House Officer – “SHO” for short) by the SHO under Section 154 regarding the commission of a felony offence. Cr.PC (vide para 11 of Apren Joseph @ Current Kunjju Vs. State of Kerala (1973) 3 SCC 114 = AIR 1973 SC 1 – 3 Judges – J.M. C.J.IId Dua, HR Khanna – JJ ).

FIR in a criminal case is a very important and valuable piece of evidence to corroborate the oral evidence adduced in the trial. The importance of the above report cannot be overestimated from the point of view of the accused alone. compelling object Prompt A police report is required Earlier Information about the circumstances of the crime, the names of the actual perpetrators, the role they played and the names of the eyewitnesses present at the scene. Delay in registering FIRs often leads to confusion and is a thoughtless creation. (See paragraph 12 Thulia Kali v. State of TN (1972) 3 SCC 393 = AIR 1973 SC 501 – HR KhannaGK Mitter – JJ; Mehraj Singh V. State of UP (1994) 5 SCC 188 = 1995 Cri.LJ 457 – Dr. A. S. AnandFaizan Uddin – JJ).

An FIR is in the nature of a complaint or accusation, or at least information of an offense given with a view to implicate the police.

(For a detailed discussion on what is First Information Statement and First Information Report, refer Justice UL Bhatt’s Article (1) KLT – Journal, page 57, published in 2014).

He registered an FIR under Section 154 Cr.PC against the Officer-in-Charge of a police station (abbreviated as “SHO”). The said section is hereby reproduced as follows:-

“Section 154: Information in cognizable cases

(1) All information relating to the commission of a cognizable offense if given orally to an officer in charge of a police station shall be written down by him or at his direction and read to the informant; And all such information, whether given in writing or abbreviated as aforesaid, shall be signed by the person giving it, and the substance thereof shall be recorded in a book to be kept by such officer in such form as may be prescribed by the State Government. for this:

Provided that if the informant is a woman who has committed an offense under Section 326A, Section 326B, Section 354, Section 354A, Section 354B, Section 354C, Section 354D, Section 376, 55A[Section 376A, Section 376AB, Section 376B, Section 376C, Section 376D, Section 376DA, Section 376DB]Section 376E or Section 509 of the Indian Penal Code (45 of 1860) is alleged to have committed or attempted to commit, then such information shall be recorded by a woman police officer or any woman officer:

Further provided by —

(a) If the person is charged with an offense under Section 354, Section 354A, Section 354B, Section 354C, Section 354D, Section 376, 55A[Section 376A, Section 376AB, Section 376B, Section 376C, Section 376D, Section 376DA, Section 376DB]Allegedly under section 376E or section 509 (45 of 1860) of the Indian Penal Code, temporarily or permanently, mentally or physically disabled or attempted, and such information shall be recorded at the residence of a police officer. in the presence of an interpreter or special tutor, such person desiring to report such crime or at any convenient place of his choice;

(b) The recording of such information shall be videographed;

(c) The police officer shall as soon as possible obtain the statement of the person recorded by a judicial magistrate under clause (a) of sub-section (5A) of section 164.

(2) A copy of the information recorded under sub-section (1) shall be given forthwith free of charge to the informant.

(3) Any person aggrieved by the refusal on the part of an officer in charge of a police station to record the information referred to in sub-section (1) may send the contents of such information in writing and by post to the Superintendent. The police concerned, if satisfied that such information discloses the commission of a cognizable offence, shall either investigate the case himself or, in the manner provided by this Code, direct any police officer subordinate to him to conduct an investigation, such officer having all the powers of an officer in charge of a police station in relation to that offence.

Therefore, the “information” provided to the SHO must relate to A “cognizable offence“.

Question 2 What is a cognizable offence and how it differs from a Non-cognizable offence?

The answer is A cognizable offense under Section 2 (c) Cr.PC is an offense for which a police officer can arrest an offender without a warrant. A non-cognizable offense as referred to in Section 2(l) Cr.PC is an offense for which a police officer has no power to arrest the offender without a warrant.

Q.3 How to find out whether a crime is a cognizable offence or not?

The answer is Column 4 of the table given in the First Schedule to Cr.PC shows whether the offenses are cognizable or non-cognizable. The first part of the said list shows the offenses under the Indian Penal Code and the second part of the said list shows the offenses under other laws. If the offense under another Act is punishable with imprisonment for 3 years or more, it is cognizable. If the offense is punishable with imprisonment of less than 3 years, it is not cognizable.

Q.4 Why the heading of Section 154 Cr.PC uses the expression “cognizable case” When only the phrase “the body of the section” is usedcognizable offence”?

The answer is This is because, while an SHO can register an FIR and initiate investigation, only in the case of “cognizable offence”, if the case involves two or more offences, at least one of which is a “cognizable offence”, there is a deeming. The proviso to Section 155 (4) Cr.PC states that the case “shall be considered as a triable one”. case“However, other offenses are “non-cognizable”. Therefore, if it is “cognizable” caseAn SHO can register an FIR, not all offenses need to be “cognizable offences”. That is why the heading of Section 154 Cr.PC uses the expression “cognizable case”.

Q.5 What is the purpose of FIR?

The answer is The objective of an FIR from the perspective of the first informer is to set the criminal law in motion and from the perspective of the SHO to obtain immediate information about the alleged criminal activity before it has time to be forgotten or embellished. . (Video Chakraborty V. Khwaja Nazir AIR 1945 PC 18 – Goddard, M. Nair, PorterSymonds – JJ; Paragraph 31 to 36 Lalita Kumari v. Govt. UP (2014) 2 SCC 1 = AIR 2014 SC 187 – 5 Judges – P. Sadasivam – CJI, Dr. B.S. Chauhan, Ranjana Prakash Desai, Ranjan Gogoi, S.A. Bobde – J.J.

The purpose of an FIR from the informant’s point of view is to set the criminal law in motion. FIR is not substantial evidence. It can only be used as a prior statement to corroborate or contradict its maker (not another witness) as contemplated under Sections 157 and 145 of the Evidence Act. (See paragraph 6 Haseeb V. State of Bihar (1972) 4 SCC 773 = AIR 1972 SC 283 – 3 Judges – JM Shelat, Id Dua, SC Roy – JJ).

The basic purpose of an FIR is to act as a safeguard against embellishment, exaggeration, omission etc. However, registration of an FIR is not a condition for setting up a criminal investigation, although in the view of the investigating authorities it conveys to them early information about the circumstances of the crime, the names of the culprits, the role they played and the names of the witnesses present at the scene. (See paragraphs 26 and 24 State of Maharashtra v. Ahmed Sheikh Babajan (2009) 14 SCC 267 – CK Thacker, DK Jain – JJ).

The purpose of compulsion to register an FIR is to obtain early information about the circumstances of the crime. (See paragraph 15 Ravi Kumar V. State of Punjab (2005) 9 SCC 315 = AIR 2005 SC 1929 – Arijit Pasayat, SH Kapadia – JJ).

Justice V Ramkumar is a former judge of Kerala High Court