P S Singh
Advocate
FIRST INFORMATION REPORT (FIR)
The term FIR is no where mentioned in the Code. But these words are always understood to mean information recorded under section154 Cr.P.C. As such Cr.P.C. does talks about information related to commission of offence under Section 154 and 155. In fact, it was in the case of Manmohan Singh, 35 CWN 623, ILR 38 Cal 1312 wherein it was observed that First Information is not mentioned in Cr.P.C. but it means information recorded under Section 154 Cr.P.C. After this case and also as per prevailing practices and uses read with Section 154 Cr.P.C. an FIR as given meaning thereby every information whether in writing or oral to the officer In charge of the Police Station related to the commission of an offence and to be reduced in writing as per the provisions under Sections 154 and 155 of Cr.P.C. as reproduced below:-
Section –154. Information in cognizable cases.
(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 sub-section (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.
155. Information as to non-cognizable cases and investigation of such cases.
(1) When information is given to an officer in charge of a police station of the commission within the limits of such station of a non-cognizable offence, he shall enter or cause to be entered the substance of the information in a book to be kept by such officer in such form as the State Government may prescribe in this behalf, and refer, the informant to the Magistrate.
(2) No police officer shall investigate a non-cognizable case without the order of a Magistrate having power to try such case or commit the case for trial.
(3) Any police officer receiving such order may exercise the same powers in respect of the investigation (except the power to arrest without warrant) as an officer in charge of a police station may exercise in a cognizable case.
(4) Where a case relates to two or more offences of which at least one is cognizable, the case shall be deemed to be a cognizable case, notwithstanding that the other offences are non-cognizable
Who can lodge FIR ?
i) Victim or aggrieved person,
ii) Eye witness,
iii) Person aware of the occurrence of an offence without having personal knowledge,
iv) Passers by or hearsay,
v) Relative or friends or well wishers of the aggrieved person,
vi) Accused himself,
vii) Police officer having knowledge or suspects the occurrence of any crime.
Where to lodge FIR ?
i) In cognizance cases—any Police Station.
ii) In non-cognizance cases—Police Station in whose jurisdiction such offence is committed.
What if the Police Officer refuses to register FIR ?
As per the provisions lay down under Section 154 (3) of Cr.P.C. Any person aggrieved by refusal on the part of the officer in charge of a Police Station to refuge to register of a cognizable case, may send substance of such information to Superintendent of Police/ Additional Commissioner of Police who after satisfaction that such information discloses commission of a cognizable offence shall investigate the matter himself or direct any officer subordinate to him to investigate the case.
When the presence of the complainant in Court required ?
Complainant is required to be present at the time of evidence to prove the occurrence and involvement of the accused in that occurrence.
-How to deal with?
The snatching of chain in Dwarka which has become a regular feature…
What we need to do?
A) We need to form neighborhood watch committee to take immediate action in this regard by self surveillance or by installation of CCTV on strategic locations.
B) The senior cirizens should take round the parks and roads in groups.
C) All the stationed hawkers should be immediately removed.
D) Police should be asked to increase surveillance and also setting Up more Police check Post at all such locations from where the snatchers are entering in the Sub-City.
E) All the domestic servants should be properly verified including their family members details may also be furnished.
F) Our Ladies should be advised not to move alone in lonely places wearing ornaments and carrying other valuables.
Security related topics:
DWARKA FORUM ORGANISES POLICE PUBLIC MEET
Security problem and issue in Dwarka
Need of PPPRO, Delhi Police in Dwarka
Snatchers have free run of Dwarka
Dwarka sub-city still lacks Security
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hello… hapi blogging… have a nice day! just visiting here….
I agree to your above mentioned points except for 1 – removing all the stationed hawkers.
The matter of fact is, and even statistics show, these very hawkers ,serve as the eyes and ears of the neighborhood.
The police also ask them whether they have seen the car.e.g in case of hit-and-run cases, and they usually provide the information depending on what they have seen or heard.
There have been occassions, on which the timely information from these very hawkers have averted major terrorist strikes in Delhi.
Although, I can understand your viewpoint – such incidents are far and few.
Just think, would you agree having to drive (especially in night – alone) to the Mother Dairy outlet, each time you want to purchase that ice cream which is now a mundane need in 'Delhi ki Garmi' 🙂 and the outlet guys says -'madam 5 wali to khatam ho gayi, app ye 20 wali le lo' :(. I would rather prefer to walk upto the nearest rehri wala (so many options – mother dairy, amul, kwality walls, vadilal) to grab one – of my choice and rate.
Another very important point which I see missing from this list is – the tenant verification.
I do agree that ladies should roam about in groups and avoid night outs.
Thanks and no offensive meant 🙂