P S Singh
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 sub-city still lacks Security