CrPC Section 154

FIR Part 2

1. CRIMINAL PROCEDURAL CODE, 1973 BY ARUNDHATI BANERJEE CHAPTER XII SECTION 154: Information in cognizable cases. MLC My Law Corner

2. BARE ACT LANGUAGE EXPLAINED (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 therefore shall be entered in a book to be kept by such form as the State Government may prescribe in this behalf . FLOW CHART FOR EASY EXPLAINATION EVERY INFORMATION COGNIZABLE OFFENCE WRITING ORAL REDUCED IN WRITING NEEDS TO BE SIGNED BY THE INFORMANT ENTERED INTO A BOOK THE SUBSTANCE OF THE INFORMATION AS PRESCRIBED BY THE STATE GOVT. FIR MLC My Law Corner

3. SECTION 154 CONTINUED… Provided that if information is given by the women against whom an offence under section 326A, section 326B, section 354, section 354A, section 354B, section 354C, section 354D, section 376, section 376A, section 376B, section 376C, section 376D, section 376DA, section 376DB, section 376E, or section 509 of Indian Penal Code is alleged to have been committed or attempted, then such information shall be recorded, by a woman police officer or any woman officer. FLOW CHART FOR EASY EXPLANATION A WOMAN OFFICER SEXUAL OFFENCES ATTEMPTED COMMITTED RECORDING THE INFORMATION MLC My Law Corner

4. SECTION 154 CONTINUED… Provided further that- In the event that the person against whom an offence under section 326A, section 326B, section 354, section 354A, section 354B, section 354C, section 354D, section 376, section 376A, section 376B, section 376C, section 376D, section 376DA, section 376DB, section 376E, or section 509 of Indian Penal Code is alleged to have been committed or attempted, is temporarily or permanently mentally or physically disabled , then such information shall be recorded by the police officer, at the residence of the person seeking to report such offence or at a convenient place of such person’s choice in the presence of an interpreter or a special educator, as the case may be The recording of such information shall be video graphed . The police officer shall get the statement of the person recorded by a Judicial Magistrate under clause (a) of sub-section (5A) of section 164 as soon as possible. FLOW CHART FOR EASY EXPLANATION SEXUAL OFFENCES MENTAL OR PHYSICAL DIABILITIES VEDIOGRAPHY MAGISTRATE SECTION 164 (5A) MLC My Law Corner

5. (2) A copy of the information as recorded under sub-section (1) shall be given forthwith, free of cost to the informant. SECTION 154 CONTINUED… FLOW CHART FOR EASY EXPLANATION A COPY INFORMATION RECORDED GIVEN TO INFORMANT FREE OF COST While interpreting this clause the Supreme Court in STATE vs. N.S. GANESHWARAN AIR 2013 categorically held that non- supply of copy of FIR under Section 154(2) may not vitiate the trial in every case. MLC My Law Corner

6. (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. SECTION 154 CONTINUED… FLOW CHART FOR EASY EXPLANATION REFUSAL TO FILE FIR POLICE OFFICER WRITTEN POST COMPLAINT TO S.P HIMSELF SUBORDINATE INVESTIGATE SAME POWER AS S.H.O MLC My Law Corner

7. POINTS TO REMEMBER Is registration of FIR mandatory? Ans : Yes, FIR registration is mandatory. In Section 154(1) the word “shall” denotes registration of FIR is compulsory. Also, in the case of Lalita Kumari vs Government of U.P AIR 2014 it has been categorically rules that the provision of Section 154(1) is mandatory and the officer concerned is duty bound to register the case on the basis of information disclosing commission of cognizable offence. Whether a written complaint will amount to an FIR? Ans : No, a written complaint will not amount to an FIR unless it is recorded and converted in an State Government record. In the case of Hardip Singh vs State of Punjab AIR 2009 it was held that the written complaint could not be treated as an FIR as it would amount to a statement made during investigation and hit by Section 162 of Crpc . What happens when FIR is delayed in filing? Ans : In case of Gajanan Dashrath Kharate AIR 2016 it was said that it would be fatal in nature as the judge think the evidences are being tampered during the time delayed. But it is not always fatal if given a reasoned explanation for delaying of filing of an FIR. It is only in rape cases where delaying of filing FIR is always fatal. Is format of FIR prescribed in CrPC ? Ans : No, the format is developed by the State Government. Should FIR contain all the facts of the case? Ans : In Tapan Kumar Singh Case it was held that FIR is not an encyclopedia only the ingredients of a cognizable offence is needed in FIR. MLC My Law Corner

8. POINTS TO REMEMBER CONTINUED… Whether cryptic or telephonic message amount to an FIR? Ans : In the case of Ram Singh Bhavaji Jadega vs. State of Gujarat AIR 1994 it was held that when as soon as the police officer on receipt of an telephonic message was about to proceed to the place of occurrence appeared and gave written version of the incident, on the basis of which the formal FIR as drawn up, it was held that the cryptic telephonic message did not amount to FIR but the written report legally formed the FIR. Where the FIR can be lodged? Ans : The general rule is that ordinarily the information about the offence committed to be given to the police station having territorial jurisdiction where the offence has been committed. But this does not mean that it cannot be lodged elsewhere. In the case of State of A.P. vs. Punati Ramube AIR 1993, the police constable refused on the grounds that the said police station had no territorial jurisdiction over the place of crime. It was decided the refusing to record the complaint was a dereliction of duty on the part of the constable because any lack of territorial jurisdiction could not have prevented the constable from recording information about the cognizable offence and forwarding the same to the police station having the jurisdiction over the area in which the crime was said to have been committed. MLC My Law Corner

9. POINTS TO REMEMBER CONTINUED… The question whether or not a particular information constitutes a FIR within the meaning of Section 154 is a question of law and depends upon the facts and circumstances of each case. In order that an information shall treated as a valid FIR, the following conditions have to be fulfilled: The information must relate to the commission of a cognizable offence on the face of it and not in the light of subsequent events The information must have been given to the Officer-in-charge of a Police Station empowered to record an information under Section 154 It must have been the earliest report relating to the commission of a crime with a view to taking action (investigation) in the matter The information reduced in writing must be read out to informant and copy thereof should be given to informant forthwith free of cost The substance of the information must be entered in a book call Station Diary or General Diary. There cannot be any FIR against the Civil Judge/ Munsif without permission of the Chief Justice of the concerned Court. MLC My Law Corner

10. CASES RELATED TO THIS SECTION AGNOO NAGESIA vs. STATE OF BIHAR AIR 1966 If the FIR is given to the police by the accused himself, it cannot possibly be used either for corroboration or contradiction because the accused cannot be a prosecution witness and he would very rarely offer himself to be a witness under Section 315 of the Code. If the FIR given by the accused person is non confessional, it may be admissible in evidence against the accused as an admission under Section 21 of Indian Evidence Act or as showing his conduct under Section 8 of Indian Evidence Act. BHERU SINGH vs. STATE OF RAJASTHAN AIR If the FIR is of confessional nature it cannot be proved against the accused- informant because according to Section 25 of the Indian Evidence Act, no confession made to a police officer can be proved against a person of an offence. But it might relevant under Section 8 of Indian Evidence Act as his conduct. GURPREET SINGH vs. STATE OF PUNJAB AIR 2006 Section 154 requires only the substance of information received to be mentioned in the daily dairy and the same cannot be said to be the repository of every factum. Therefore, mere non-disclosure of the names of the witness in the daily diary as well as mortuary register, ipso facto cannot affect the prosecution case, more so when their names have been disclosed in the FIR itself. MLC My Law Corner

11. CASES CONTINUED… DHARMENDRA SINGH vs. STATE OF U.P. AIR 1990 It was held that the fact that minute details are not mentioned should not be taken to mean the non existence of the fact stated. KALYAN vs. STATE OF U.P. AIR 2001 The statement in the FIR must naturally get their due weight. MANOJ vs. STATE OF MAHARASTRA AIR 1999 It is not an encyclopedia of the entire case. It is sufficient if it given broad spectrum of the incident. DARSHAN SINGH vs. STATE OF PUNJAB AIR 1983 The fact that the names of some accused are not mentioned in FIR is a circumstances, which the prosecution has to explain though no rule of law stipulates that an accused whose name is not mentioned in FIR is entitled to an acquittal. BISHAN DASS vs. STATE OF PUNJAB AIR 1975 Where no satisfactory explanation is furnished for omission to mention the name of the accused in the FIR, the Court may doubt the veracity of the prosecution. MLC My Law Corner

12. CASES CONTINUED… YOUTH BAR ASSOCIATION OF INDIA vs. UNION OF INDIA AIR 2017 The Supreme Court issued the following directions in matters relating to FIR. An accused is entitled to get a copy of the FIR at an earlier stage than as prescribed under S ection 207 CrPC . An accused who has reasons to suspect that he has been roped in criminal case and his name may be finding place in FIR can submit an application. D.R. BHAGORE vs. STATE OF MAHARASTRA Omission of important facts affecting probability of the case are relevant under Section 11 of Indian Evidence Act in judging the veracity of the prosecution case cannot be thrown out merely on the ground that entirely different version is given by its maker. KAMINI JAISWAL vs. UNION OF INDIA AIR 2018 It was held that there cannot be registration of any FIR against a High Court Judge or Chief Justice of the High Court or the Supreme Court Judge without the consultation of the Hon’ble Chief Justice of India and in case there is an allegation against Hon’ble Chief Justice of India the decision has to be taken by the Hon’ble President of I ndia. MLC My Law Corner

13. THANK YOU PLEASE LIKE AND SUBSCRIBE MLC My Law Corner