CrPC Section 154
Detailed Explanation of CrPC Section 154
Section 154 of the Code of Criminal Procedure (CrPC), 1973 deals with the information in cognizable cases and the procedure for registering a First Information Report (FIR).
Text of Section 154 (Simplified Summary):
"Every information relating to the commission of a cognizable offense, if given orally to an officer in charge of a police station, shall be reduced to writing by him or under his direction, read over to the informant, and signed by the person giving it. The officer shall then enter the substance of the information in a book called the First Information Report (FIR).”
Explanation:
What is a Cognizable Offense?
A cognizable offense is a serious crime where the police have the authority to register an FIR, investigate, and arrest without prior approval from the Magistrate. Examples include murder, rape, robbery, etc.
Purpose of Section 154:
To provide a formal process for recording complaints related to cognizable offenses.
To ensure that information about a cognizable offense is properly documented, and the investigation can commence.
The FIR is the first step in the criminal justice process.
Procedure for Recording Information:
When a person informs the officer in charge of a police station about a cognizable offense:
The police officer or someone under their direction must write down the information.
The information must be read over to the informant to confirm accuracy.
The informant must sign the written document to authenticate it.
This document is called the First Information Report (FIR).
Legal Importance of FIR:
FIR triggers the police investigation.
It is a public document and forms the basis for criminal proceedings.
Ensures transparency and accountability in law enforcement.
Can be used as evidence in court to establish the timeline of events.
Rights of the Informant:
The informant has the right to receive a copy of the FIR free of cost.
The police cannot refuse to register an FIR if the information relates to a cognizable offense.
If Police Refuse to Register FIR:
The informant can approach the higher police authorities or the Magistrate.
The Magistrate can order the police to register the FIR and investigate.
Difference from Non-Cognizable Cases:
For non-cognizable offenses, the police do not have the authority to register an FIR or investigate without Magistrate’s permission.
Practical Example:
A person approaches the police station reporting a theft. The police officer writes down the details in an FIR, reads it out to the complainant, gets it signed, and then initiates the investigation.
In case of refusal, the complainant can request the Magistrate to direct police to act.
Summary:
Section 154 CrPC mandates the recording of information regarding cognizable offenses as an FIR.
The FIR must be written, read, and signed by the informant.
The police are obliged to register the FIR and start investigation.
It is a critical document in the criminal justice process ensuring fair and transparent investigation.
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