TRISHUL: What happens if FIR is registered?

FIRST INFORMATION REPORT (FIR)

What is an FIR?

Ans: Information related to any criminal offence registered with police for police action is called First Investigation Report (FIR). FIR is a written document prepared by police after receiving information about some cognizable offence. This information is often registered as a complaint by the person who is the victim of such a crime. Any person can inform the police about any crime either in writing or orally.

However, many a time’s police does not register FIR on the information provided by the common people. In this situation, people have to move to the court to get an FIR registered.

According to section 154 of CrPC 1973, the procedure of an FIR is defined. It is that informative document based on which police carry the legal proceedings further.

Section 154 of CrPC : Information in cognizable cases.

(1) Every information relating to the commission of a cognizable offence, if given orally to an officer in charge of a police station, shall be reduced to writing by him or under his direction, and be read Over to the informant; and every such information, whether given in writing or reduced to writing as aforesaid, shall be signed by the person giving it, and the substance thereof shall be entered in a book to be kept by such officer in such form as the State Government may prescribe in this behalf.

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

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

Cognizable Offence: Section 2(c) of CrPC defines Cognizable offences. Normally, serious offences are defined as cognisable and usually carry a sentence of 3 years or more with or without fine.

Generally, cognisable offence means a police officer has the authority to make an arrest without a warrant and to start an investigation with or without the permission of a court as per First Schedule of CrPC 1973 or being any other for a time being in force. Cognizable offences are offences which are usually serious in nature. Example:

(a) Murder

(b) Rape

(d) Kidnapping

(e) Theft

(f) Criminal breach of trust

(g) Unnatural offences

The police can file a First Information Report (FIR) only for cognizable offences. In Cognizable cases police can make investigation without prior permission of Magistrate. Cognizable cases are more serious then the non cognizable cases. Section 154 of CrPC provides that under a cognizable offence the police Officer has to receive the First Information Report (FIR) relating to the cognizable offence.

Any Officer-in-charge of a Police Station, without the order of a magistrate, investigate any cognizable offence/case which a court having jurisdiction over the local area within the limits of such station would have power to inquire into or try under the provisions of the Criminal Procedure Code, 1973.

The Police cannot refuse to register the case on the ground that it is either not reliable or credible (Smt. Gurmito Vs State of Punjab and Ors 1996 Cril. J 1254 P&PH). Further, refusal to record FIR on the ground that the place of crime does not fall within the territorial jurisdiction of the police station, amount to dereliction of duty. Information about cognizable offence would have to be recorded and forwarded to the Police station having jurisdiction (State of Andhra Pradesh Vs Punati Ramulu & Ors. AIR 1993 SC 2644).

It is the duty of the officer-in-charge of the Police station to register FIR when an investigation under Section 156(3) CrPC is directed by the Magistrate, even when the Magistrate explicitly does not say so (Mohd. Yousuf Vs Afaq Jahan, (2006), SCC 627)

Non-Cognizable Offence: A non-cognizable offence has been defined in Section 2(l) of CrPC. Non-Cognizable offence means an offence for which, and non-cognizable case’ means a case in which, a Police Officer without any warrant has not authority to arrest.

Non-cognizable offences are not much serious in nature. Example:

(a) Assault

(b) Cheating

Section 155 of CrPC provides that in a Non-Cognizable offence or case, the police officer cannot receive or record the FIR unless he obtains prior permission from the Magistrate. In such offences for arrest, following steps have to be followed

(a) Filing of complant/FIR

(b) Investigation

(d) Charge Sheet to be filed in court

(e) Trial

(f) Final order of arrest if case has been made out.

Kunhumuhammed Vs State of Kerela : the court held that the report of a Police officer following an investigation contrary to 155(2)[3] could be treated as complaint under Section 2(d) and Section 190(1)(a). It is necessary that at the commencement of the investigation.

Ordinerily, a citizen intending to initiate criminal proceedings in respect of fan offence has two courses open to him. He may lodge an FIR before the Police if the offence is cognizable one; or he may lodge a complaint before a competent judicial magistrate irrespective of whether the offence is cognizable or non-cognizable.

In Chinnaswami Vs Kuppuswami, it was observed that the object of the Code is to ensure the freedom and safety of the subject in that it gives him the right to come to court provided he considers that a wrong has been done to the Republic or him and be a check upon police vagaries.

Difference Between Cognizable & Non-Cognizable Offence

Grounds	Cognizable	Non-Cognizable
Arrest	A Police Officer may arrest without warrant for such offences	A Police officer has no authority to arrest without warrant for such offences
Nature of Crime	Serious	Not much serious
FIR Registered	FIR can be registered without magistrate’s permission	FIR cannot be registered without Magistrate’s permission
Example	Dowry Death, Murder, Rape etc.	Assault, Cheating, Forgery etc.

Police is bound to register FIR for cognizable offence. it can’t deny to file an FIR for cognizable offence. Cognizable offence is treated as against the interest of public & State (Public wrong) and hence State agency Police is involved it. Non-cognizable is treated as against private interest (Private wrong) but not against public Interest or State. Hence, in this situation, State don’t want to involve it’s State agency Police in it until Court/Magistrate orders to do so because

Hon. Supreme Court Judgement about Registration of FIR for cognizable offence : Lalita Kumari Vs State of Utter Pradesh (UP).

Bailable Offence:

When any person accused for a bailable offence is arrested or

detained without warrant by an officer in charge of a police station, or appears or is brought before a Court, and

is prepared at any time while in the custody of such officer or at any stage of the proceeding before such Court to give bail, such person shall be released on bail.

In case of a bailable offence bail is a matter of right

If such officer or Court, thinks it fit such person maybe released on a personal bond without sureties. In case of bailable offence, one has to only file the bail bonds and no application is required.

Non-bailable offences

In case a person is accused of a non-bailable offence it is a matter of discretion of the court to grant or refuse bail and application has to be made in court to grant bail.

When a person accused of, or suspected of, the commission of any non-bailable offence is arrested or detained without warrant by an officer in charge of a police station or appears or is brought before a Court other than the High Court or Court of Session, he may be released on bail, but –Provided that the Court may direct that a person referred to in clause (i) or clause (ii) as above, be released on bail if such person is under the age of sixteen years or is a woman or is sick or infirm: Provided further that the Court may also direct that a person referred to in clause (ii) be released on bail if it is satisfied that it is just and proper so to do for any other special reason: Provided also that the mere fact that an accused may be required for being identified by witnesses during investigation shall not be sufficient ground for refusing to grant bail if he is otherwise entitled to be released on bail and gives an undertaking that he shall comply with such directions as may be given by the Court.

i. such person shall not be released if there appear reasonable grounds for believing that he has been guilty of an offence punishable with death or imprisonment for life;

ii. such person shall not be so released if such offence is a cognizable offence and he had been previously convicted of an offence punishable with death, imprisonment for life or imprisonment for seven years or more, or he had been previously convicted on two or more occasions of a non-bailable and cognizable offence :

If it appears to such officer or Court at any stage of the investigation; inquiry or trial, as the case may be, that there are not reasonable grounds for believing that the accused has committed non-bailable offence, but that there are sufficient grounds for further inquiry into his guilt, the accused shall, subject to the provision of section 446-A and pending such inquiry, be released on bail or, at the discretion of such officer or Court, on the execution by him of a bond without sureties for his appearance as hereinafter provided.
When a person accused or suspected of the commission of an offence punishable with imprisonment which may extend to seven years or more or of an offence under Chapter 6, Chapter 16 or Chapter 17 of the Indian Penal Code (45 of 1860) or abetment of, or conspiracy or attempt to commit, any such offence, is released on bail under sub-section (!), the Court may impose any condition which the Court considers necessary-

a. in order to ensure that such person shall attend in accordance with the conditions of the bond executed under this Chapter, or

b. in order to ensure that such person shall not commit an offence similar to the offence of which he is accused or of the commission of which he is suspected, or

c. otherwise in the interests of justice.

An officer or a Court releasing any person on bail under sub-section (1) or sub-section (2), shall record in writing his or its reasons or special reasons for so doing.
Any Court, which has released a person on bail under sub-section (1) or sub-section (2), may, if it considers it necessary so to do, direct that such person be arrested and commit him to custody.
If, in any case triable by a Magistrate, the trial of a person accused of any non-bailable offence is not concluded within a period of sixty days from the first date fixed for taking evidence in the case, such person shall, if he is if custody during the whole of the said period, be released on bail to the satisfaction of the Magistrate, unless for reasons to be recorded in writing, the Magistrate otherwise directs.
If, at any time after the conclusion of the trial of a person accused of a non-bailable offence and before judgment is delivered, the Court is of opinion that there are reasonable grounds for believing that the accused is not guilty of any such offence, it shall release the accused if he is in custody, on the execution by him of a bond without sureties for his appearance to hear judgment delive.

Compoundable Offences: Compoundable offences are those offences where, the complainant (one who has filed the case, i.e. the victim), enter into a compromise, and agrees to have the charges dropped against the accused. However such a compromise, should be a "Bonafide," and not for any consideration to which the complainant is not entitled to.

Application for compounding the offence shall be made before the same court before which the trial is proceeding. Once an offence has been compounded it shall have the same effect, as if, the accused has been acquitted of the charges.
The code of criminal procedure lays down, i.e. bifurcated, the offences, which are compoundable, and which are non-compoundable.

Non-Compoundable Offences:

There are some offences, which cannot be compounded. They can only be quashed. The reason for this is, because the nature of offence is so grave and criminal, that the Accused cannot be allowed to go scot-free. Here, in these types of cases generally, it is the "state", i.e. police, who has filed the case, and hence the question of complainant entering into compromise does not arise.
All those offences, which are not mentioned in the list under section (320) of CrPC, are non-compoundable offences.

EXAMPLES OF COMPOUNABLE OFFENCES:

· Uttering words etc, with deliberate intent to wound the religious feelings of any person causing hurt.

· Criminal or house trespass

· Criminal breach of contract of service.

· Printing or engraving matters, knowing it to be defamatory.

· There are some offences, which although are compoundable, but, they can be compounded only with the permission of the court.

· These offences should be compounded before trial begins.

· Also where accused has already been convicted, and an appeal is pending, permission of the court is required for compounding of such offences.

· The reason for seeking permission of the court, is that these offences are grievous in nature, and are bad example in society

EXAMPLE OF NON COMPOUNDABLE OFFENCES (WHERE PERMISSION OF COURT IS REQUIRED)

· Voluntarily causing hurt by dangerous weapons or means.

· Causing grievous hurt by doing on act so rashly and negligently as to endanger human life or the personal safety of others.

· Wrongfully confining a person for three days or more.

· Assault or criminal force to woman with intent to outrage per modesty.

· Dishonest misappropriation of property.

· Criminal breach of trust by a cannier--- wharfinger-- etc, where the value of the property does not exceed two hundred and fifty rupees.

· Cheating and dishonestly inducing delivery of property or the making, alteration or destruction of a valuable security.

· Fraudulent execution of deed of transfer containing false statement of consideration.

· Mischief by killing or maiming cattle etc of any value of fifty rupees or upwards.

· Counterfeiting a trade or property mark used by another.

· Uttering words or sounds or making gestures or exhibiting any object intending to insult the modesty of a woman or intruding upon the privacy of a woman.

Warrant Section {2(x) CrPC}: Warrent is defined in Section 2(x) of CrPC. "warrant-case" means a case relating to an offence punishable with death, imprisonment for life or imprisonment for a term exceeding two years;

Warrant

(i) Bailable Warrant (ii) Non-Bailable Warrant

[CrPC Section 70] [CrPC Section 73]

Bailable Warrant (Section 70 CrPC): Bailable Warrant is issued by court. It is a document on which specifically written all kind of details viz. Name, Father’s name, address, Offence with IPC sections for whom it is issued. This warrant is signed by the presiding officer of the court with seal of the court. If no sign or seal is there, it might be a fake warrant. It is issued under Section 70 CrPC.

When Bailable warrant is executed then Section 71 CrPC has it’s role to play, it states how bail be granted for Bailable Warrant, on which date the person is required to be present in the court, How much amount of the warrant is ? Under Section 70 CrPC, it is directed by the court to grant bail on the spot if the said amount of bail is executed.

Bullet: If a Bailable warrant is issued against a person for Rs. 10,000 (Ten Thousand), Police will visit the residence of the person, give the warrant copy, takes the sign of the person and direct the person to arrange any neighbouring person to sign on the bail papers. It only requires to take the signature of that person on the bail paper and may ask to produce a copy of his/her ID but it is not mandatory.

Police will endorse the name of the person against whom such warrant was issued and name of the person who signed on the bail paper for that person and direct the person to be present in the court on that specific day without fail and Police submits it in the court. It is required to take bail in the court.

When the person against whom bailable warrant was issued not present in the court on that specific day. The court will issue Non-Bailable Warrant and the Police will arrest the person and produce before the court. Every such warrant shall remain in force until it is cancelled by the Court which issued it, or until it is executed.

Non-Bailable Warrant (Section 73 CrPC) : Non-Bailable warrant is a document which is issued by the court against a person who is an accused in an offence. On that document Name, Address, IPC Sections etc. are specifically written on that document. It was directed to arrest that person to produce before the court. Court may appoint one or more Police personnel to execute the warrant.

Non-Bailable warrant is substantially issued (i) when the accused does not present before the court inspite of execution of Summon & Bailable Warrant. (ii) If any offence is fixed on the accused and the accused is an absconder, or escapes from Police custody, or escapes from court (iii) When a person is on bail but does not appear in court on dates for trial continuously irrespective of the reason and court does not receives any sufficient reply from his side and (iv) If a person is accused in a Non-Cognizable, Non-bailable office in which warrant is not granted then such warrant is issued.

Bullet: (i) Section 438 CrPC can be used before the court of Session or High Court where Anticipatory Bail petition can be filed for grant of bail. (ii) If Non-Bailable warrant is issued against any person in any cognizable offencece then a petition under Section 70(2) CrPC is to be filed before the court which issued Non-bailable warrant stating that the accused has not been involved in the cognizable offence against whom cognizance was taken by the court and plead to convert it into bailable. If the plea is rejected then it’s Revision under Section 397 CrPC be made before District & Session court and the petition under Section 70(2) be reproduced as titled under Section 973 CrPC. If the plea is again rejected by District & Session Court then High Court may be approached under Section 397 CrPC. (iii) When an FIR is registered against a person and copy of FIR is submitted to the court and Police charged cognizable sections of IPC and issue an arrest warrant then in this case, District & Session Court is required to be approached directly and produce a Revision under Section 397 CrPC against the warrant. No sooner Revision is filed the warrant issued is lost its relevance and becomes useless. In case, the person is arrested then the court may order to release the accused until Revision is not settled/disposed of. (iv) Section 482 CrPC may also be used in High Court. High Court may direct for independent investigation and may nullify the arrest warrant.

When is an FIR filed?

Ans: An FIR is filed only for cognizable offences (those offences in which police does not require any warrant to arrest). According to it, the police have the right to arrest the accused person and investigate into the matter. If an offence is not cognizable, the FIR is not filed and in this case, the action is not possible without the intervention of the court.

How is an FIR filed?

Ans: In order to maintain a legal system in a huge country like India, the constitution had laid down the foundation of system of Law. As against Indian army and other paramilitary forces, our police force is mainly responsible for maintaining internal peace and security of the country. But everyone is reluctant in visiting the police station in our country. The reason behind this behavior is that people are not aware of the working procedure of police generally. Have you ever wondered from where does investigation of any crime and the procedure of criminal start from? Yes, you are correct in your guess, it starts from FIR or First Investigation Report. In this article, we have provided all the information related to FIR and have tried to clear up various suspicions in order to provide guidance to the people.

How many ways an FIR can be filed?

Ans: There are 3 ways to file an FIR:

1. The victim can directly approach the police station and can file an FIR through his oral or written statement.

2. FIR can be filed through investigation of the information received via PCR call.

3. After receiving information of an offence, the Duty Officer of the police station sends ASI to the site, ASI writes a chit (a short report) after recording the statements of the witness. Based on this short report, the police file an FIR. This method is followed only for heinous crimes.

Why does it take time to file an FIR?

In most of the cases the police do not file an FIR right after getting the complaint. The complaint is investigated in most of the cases in order to know the authenticity of the complaint. Police do not immediately register the FIR in cases of theft of bikes, cars, and some other ordinary things because police wait for the recovery of the stolen things of the victim. In fact, no SHO wants an increment in the number of FIRs in his police station. Apart from this, there is a heavy dearth of stationary in the police stations. Policemen site this as one of the reasons for not registering FIRs. A copy of every FIR is sent from police station to ACP, Additional DCP -1, Additional DCP -2, District DCP and Metropolitan Magistrate. The copy of an FIR for heinous crimes is sent to the Joint Commissioner of that area.

What should be done when Police do not file an FIR?

Ans: 1. If the Police do not file FIR, then you can also register it online while going to the website of that particular Police. Like in Delhi e-FIR app is also there, you can install that app and from your place, you can lodge FIR.

2. If police do not file the FIR for cognizable offence, then the victim should approach to senior officers.

3. If even after this the FIR is not registered, then the victim can file a complaint to a Metropolitan Magistrate according to section 156 (3) of CrPC. Metropolitan Magistrate has the power that he can order police to file an FIR.

4. In some cases when FIR is not registered, the Supreme Court has made the provision according to section 482; people should reach Metropolitan Magistrate rather than High Courts. After this, large number of people got their FIRs registered as per section 156 (3). Although, this FIR too investigated by the same police, who had refused to file this FIR. According to police, many fake FIRs were made to file under this section.

5. The Supreme Court has ordered to take actions against those officers who do not file FIR. The Supreme Court has also provided that within a week of registering an FIR, the first investigation should be completed. The motive of this investigation is to check the offence and know about its seriousness. In this way, police cannot deny to register the complaint saying that they had doubts on the veracity of the complaint.

What is an NCR (Non-Cognizable Report)?

Ans: When something is stolen, then, according to Section 379 of IPC, FIR is filed and when something is lost, then NCR (Non-Cognizable Report) is filed. NCR remains in the records of the police station, it is not sent to the court. Police also do not investigate for it.

Few people know the difference between an FIR and NCR. Taking advantage of this, police at times, file NCR for things that are stolen. Most of the people consider the NCR as an FIR. On an FIR, “First Investigation Report” and a section of the IPC is clearly mentioned, whereas on an NCR, “Non-Cognizable Report” is written.

What is a Zero FIR?

Ans: In order to simplify the process of further investigation, it is taken into consideration that FIR to the complaint is filed at the police station related to the site of an offence, but at times situations arise, when the victim has to file the case in outside police station, in some adverse conditions. But it is often seen that policemen do not take those cases seriously, which have occurred outside the jurisdiction of police station. Hence the Government has formulated the provisions of Zero FIR in such adverse situations, in order to protect the rights of the people. According to this, the victim can file his complaint in any police station for any offence for a quick action and the case can be transferred to the concerned police station thereafter.

Other provisions related to an FIR (First Investigation Report)

Ans: 1. While writing an FIR, a police officer cannot write any comment on his own neither can he highlight any part of it.

2. In the case of cognizable offence, after registering the FIR, police officer is required to read the information to the concerned person and take signature on the written information.

3. Copy of FIR should bear the seal of the police station and signature of the police officer. With this, the police is also given in written a copy of the information that has been handed over to you in his register.

4. If a written complaint has been made against a cognizable offence, then it is necessary for the police to attach the copy of a complaint with the FIR.

5. It is not necessary for the person who is filing a complaint that he should personally know about the crime or that he should have seen the occurrence of crime, in order to file an FIR.

6. If due to some reason you could not inform the police immediately about the incident, then in this case, you only have to provide reasons for such delay.

7. Many times, police begin to investigate the matter before filing an FIR, whereas according to the rule, first an FIR should be registered then only can the investigation be initiated.

8. If you could not take the copy of the FIR while registering it at the site of the offence, then in this case police will post the copy to you.

9. If due to some reason the person providing information cannot exactly tell the location of the crime, then police officer can ask questions to obtain information about the place to arrive at an inference. Thereafter, he will register an FIR immediately and will send it to the concerned police station. The information about this will be given to the concerned person and will also be written in the day diary.

10. If the complainant does not have information about the site of the offence and police also cannot decide the place even after questioning, then also the police officer will register FIR and will start the investigation immediately. If during the investigation, the place of the offence is decided, then the case is transferred to the concerned police station.

11. If the person who has registered an FIR dies during the period of investigation, then the FIR can be presented in the court as Dying Declaration.

12. If some non-cognizable offence is deciphered in the complaint, then it has to be written necessarily in the day-diary. The complaint must take its copy as well. Thereafter, Magistrate can be contacted for appropriate order according to Section 155 of CrPC.

Now, we come to know what is FIR, how it is lodged, why it takes time to file an FIR, what are the other provisions related to FIR, What is Zero FIR etc.

Investigation against FIR

When FIR is registered, there is a definite process called Investigation to figure in to establish whether the complain registered in the form of FIR is true or otherwise. In other words an (i) Investigation is the work of inquiring into something thoroughly sympathetically to establish the truth for the sake of justice, punishment and innocence. (ii) Investigation is the process of inquiring, bring about & getting vital information, facts, circumstances in order to establish the truth.

Fundamentals of Criminal Investigation

Criminal Investigator: A well trained, disciplined and experienced professional in the field of criminal investigation.

Custodial Investigation: Investigation conducted by law enforcement officers after a person is arrested or deprived of one’s freedom of action.

Neighbourhood Investigation: One of the most crucial steps in kidnap for ransom cases which are often overlooked. The objective is to identify and interview in person all individuals in the area where the victim was kidnapped or last known sighting area during the window of opportunity.

Confession: It is a statement by which a person acknowledges one ’s guilt. A confession is considered by law specialists to be the ultimate evidence of guilt.

Admission: It is a statement of acknowledgement that certain facts regarding the specific cases are true.

3 Fold Aims of Criminal Investigation

1. To identify the guilty party.

2. To locate the guilty party

3. To provide evidence of one ’s guilt.

6 Basic points of investigation

1. What specific offence was committed

2. How the offence was committed

3. Who committed the offence.

4. Where the offence was committed

5. When it was committed

6. Why it was committed

Composition/Organization of Investigation team

1. Team Leader

2. Investigator/Recorder

3. Photographer

4. Evidence Custodian

5. Composite Illustrator/Artist

Basic steps which are taken by Police in Investigation

1. After getting the information from the crime scene.

2. A team of Police reached the crime spot/scene immediately.

3. Police ensure the validity of Information.

4. Intelligence should be collected about the crime.

5. Police inform to other divisions about the crime so that they can reach asap. Example: Forensic department division.

6. When Police reached the crime scene/spot.

(a) Crime scene/spot should be get preserved so that evidence don’t get contaminated/destroyed.

(b) Send injured persons immediately to the hospital.

(d) Keep the public/media away from crime scene/spot and listen public conversation silently and confirm about another team so that they can collect evidence.

(e) Prepare the sketch of the crime scene/spot about every little information present on the crime scene/spot.

Importance of Sketch of Crime Scene

Sketch: A rough drawing or painting, often made to assist in making a more finished picture.

1) It is accepted in court as per Section 9 of the Indian Evidence Act 1872.

2) It helps in writing case diaries.

3) It helps in examining the witness.

4) It gives the true picture of the incident.

5) It is a permanent record of the scene/spot.

6) It helps in refreshing the memory of Inquiry Officer (IO)

7) It helps in trial of case.

8) Court can also inspect the place of incident as per Section 310 of CrPC.

Basic Steps taken by Police in Investigation

1) Accussed get arrested by the Police.

2) Statement of accused is get recorded in Police Station by the Police.

3) Statement of witnes is also get recorded by the police.

4) Recovery of property, body etc. done by the I.O.

5) Evidence is collected by the I.O. Ex. (Atopsy reporty)

6) Challan is made and the accused is sent to the court or in front of magistrate.

7) After that, the accused is sent to jail, or if Police need custody of the accused then court gives custody of the accused to the police or the accused is granted bail etc. as the case may be.

8) In many cases bail is accepted by Police in Police station itself only in petty offences.

9) Within maximum 90 days Police filed Chargesheet in court and trial begains in the court.

Inspection of Scene/Spot of Crime

1) Through inspection, minutely as per procedure.

2) No stone should be left untumed.

3) Type of investigation of Scene/Spot

(a) Clockwise

(b) Anti-Clockwise

4) Method of Inspection of Scene/Spot

(a) Strip Method

(b) Spiral Method

(d) Wheel Method

(e) Grid Method

Investigation procedure in CrPC

Section 156 of CrPC : Police Office is given the power to investigate under Section 156 of CrPC.

Section 157 of CrPC Procedure of Investigation (Preliminary Inquiry): If, from information received or otherwise, an officer in charge of a police denies shall forthwith send a report of the same to a magistrate empowered to take cognizance of such offence. He/She Shall proceed in person, or shall depute one of his subordinate. When proceed to the spot, to investigate the facts and circumstance of the case and if necessary to take measures for the discovery and arrest of the offender.

Section 158 CrPC (Report how submitted) : Officer in charge of the Police station as he thinks fit, and shall, after recording such instructions on such report, transmit the same without delay to the Magistrate.

Section 159 CrPC (Power to hold Investigation): On receiving such report, may direct an investigation, depute any Magistrate subordinate to hold a preliminary enquiry into or otherwise dispose of the case.

Section 160 CrPC (Police Officer’s power to require attendance of witness) : In writing require attendance before himself of any person being within the limits of his own or any adjoining station.

No male person under the age of 15 years or woman shall be require to attend any place other than the place in which such male person or woman resides.

Section 161 CrPC (Examination of Witness by Police): Officer may examine orally any person supposed to be acquainted with the facts and circumstances of the case. Such person is bound to answer truly.

Section 162 Statements to Police not to be signed: No statement shall, if reduced to writing be signed by the poerson making it. Nor shall any part of such statement or record be used for any purpose,. For the puerpose only of explaining any matter referred to informers cross-examination.

Section 163 CrPC No Inducement to be offered: No Police officer shall offer or make, or cause to be offered or made, any such incumbent threat or promise. {Section 24 of Indian Evidence Act 1872}.

Section 164 CrPC Recording of confessions and staatements: Any Metropolitian Magistrate or Judicial Magistrate may record any confession or statement made to him in the course of an investigation.

The Magistrate shall, before recording any such confesssion, explain to the person making it that eh is not bound to make a confesion and that, if he does so, it may be used as evidence against him; and the Magistrate shall not be record any suchh confession unless, upon questioning the person making it as has reason to believe that is bbeing made willingly.

Section 165 CrPC Search by Police Officer: Any Police officer making an investigation has reasonable grounds for believing that anhything necessary for the purpose of an investigation may be found in any place.

Copies to be sent to the nearest Magistrate empowered to take cognizance of the offence.

Section 166 CrPC : When Officer in charge of Police station may require another to issue search warrant.

Section 166A CrPC: Letter of request competent authority for investigation in a country or place outside India.

Section 166B CrPC: Letter of request from a country or place outside India to a court or an authority for investigation in India.

Section 167 CrPC Procedure when investigation cannot be completed in twenty four hours: Rank of sub-inspector or above, shall forthwith transmit to the nearest Judicial magistrate a copy of the entries in the diary hereinafter prescribed relating oto the case, and shall at the same time forward the accused to such Magistrate.
Authorse the detention of accused in such custody as such Magistrate thinks fit, for a term not exceeding fifteen days in the whole.

Section 168 Report of invesstigation by subordinate Police Officer: When any subordinate police officer has made an investigation under this Chapter, he shall report the result of such investigation to the officer in charge of the police station.

Section 169 Release of accused when evidence defficient: If it appears that there is not sufficient evidence or reasonable ground of suspicion to justify the forwarding of the accused to a magistrate. If such person is in custody, release him on his executing a bond, with or without sureties.

Section 170( Cases to be sent to Magistrate, when evidence is sufficient):

Section 171(Complainant and witness not to be required to accompany police officer and not to be subjected to restraint): Any Criminal Court may send for the Police diaries of a case under inquiry or trial in such Court, and may use such diaries, nt as evidence in the case, but to aid it in such inquiry or trial.

Neither the accused nor his agents shall be entitled to call for such diaries.

Section 172 CrPC (Diary of proceeding in Investigation)

Section 173 (CrPC Report of Police officer on completion of investigation): Completed without unnecessary delay shall forward to a Magistrate empowered to take cognizance of the offence

1) The names of parties’

2) The nature of the information

3) The names of the personsn who appear to be acquainted with the circumstances of the case

4) Whether any offence apears to be have bheen commited and, if so, by whom

5) Whether the accused has been arrested

6) Whether he has been released on his bond and, if so, wheather with or without sureties

7) Whether he has been forwarded in custody under section where a superior officer of police has been appointed, reports be submitted through and officer, and he may, awaiting the orders of the Magistrate

Along with the report-

(a) All documents or relevant thinds

(b) The statements recorded under section 161.

If the Police officer is of opinion that any part of any such statement is not releant he shall indicate that part of the statement and append a anote requesting the Magistrate to exclude.

Nothing in this section shall be deemed to preclude further investigation. If obtains further evidence, oral or documentary, he shall forward to the magistrate a further report.

Qualities of Good IO

1) Knowledge of law 10) Selfless

2) Curiosity to work 11) Obedient

3) Man of patience 12) Courageous

4) Brave 13) Impartial

5) Sharp mind 14) Educated and learned

6) Good behavour and Honest 15) Straight forward

7) Acquainted with the area 16) Practical

8) Contacts with public, process and 17) Control on organized crime

Other departments

9) Ability to understand the nature 18) Control of drug abused

Of men, body language etc.

TRISHUL

Tuesday, February 12, 2019

What happens if FIR is registered?