Professional Documents
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Information To Police
Information To Police
INVESTIGATE
BREIF OUTLINE
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SEC. 154 – INFORMATION IN COGNIZABLE CASES
Meaning
Information given to a police officer and reduced in writing as required by section 154 is
termed as first information.
The term FIR is not mentioned under Cr.P.C., however it is understood to mean
information recorded under this section.
It does not constitute as substantive evidence.
Object of FIR
To set criminal law in motion.
To obtain information about the alleged criminal activity.
To take suitable steps to trace and bring to book the guilty.
FIR cannot be used for contradicting or discrediting other witnesses.
Variance in FIR may not always cause prejudice to the prosecution case.
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Earliest version of the FIR has its own importance.
A delay in lodging the FIR is likely to cause colored version of the contents contained
therein.
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The liability is on the person who has the custody of the FIR to give a copy thereof to the
person who has interest in the same or whose interest is adversely affected.
Retracted FIR
An FIR which is retracted cannot be used to gun down the accused.
Second FIR
As a general rule same FIR cannot be registered against the same accused in respect of
the same case.
But where there are rival versions of the same episode, they would normally take shape
of two different FIRs.
The Police has to investigate the cognizable offence and other connected occurrences qua
such FIR, and then collectively file a report u/s. 173.
However, a counter case which forms the contradictory version of the first FIR cannot be
called as a second FIR.
Quashing of FIR
The High Court has the power to quash an FIR under Article 226 of the Constitution or
Section 482 of Cr.P.C.
However, such power shall be used with great care and caution.
It would be unjust to quash the FIR even before the investigation has begun.
A second FIR on the same set of facts and circumstances shall be liable to be quashed by
the High Court by virtue of its inherent powers.
Moreover, if an FIR does not prime facie disclose occurrence of a cognizable offence, it
is liable to be quashed.
Omissions in FIR
The FIR is not the encyclopedia of the entire prosecution case.
Therefore, it need not contain all the details of the incident.
The very object of lodging an FIR would be frustrated if the concerned officer or the
complainant would be required to disclose each and every minute detail about the
incident.
The omission of facts in the FIR has to be considered along with the other evidence to
determine whether the fact so omitted never happened at all.
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the petitioner in a police station in Delhi. The Supreme Court ruled that the Delhi Police
has in view of S.177 & 178 CrPC, power to conduct the investigation.
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SEC. 155 – INFORMATION AS TO NON-COGNIZABLE CASES & INVESTIGATION
OF SUCH CASES.
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Scope & Application
By virtue of Section 156 in case of a cognizable offence, the Police may start
investigation without the order of any Court.
The judiciary shall refrain from interfering in the investigative powers of the police.
However, such investigation can be quashed by the order of a High Court u/s. 482 or
under Article 226, in rare circumstances, when the investigation is prime facie without
any merits.
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The basis of suspicion can be formed on two grounds:
a) FIR received under section 154.
b) Any other information received by the Police officer as contemplated by section
157.
The provision is designed to keep the Magistrate informed of the investigation and if
necessary to give appropriate directions.
Commencement of Investigation
The commencement of investigation in a cognizable offence by a Police Officer is subject to two
conditions:
1. Firstly, the Police Officer should have a reason to suspect the commission of a
cognizable offence;
2. Secondly, he should subjectively satisfy himself as to whether there is sufficient ground
for entering on an investigation.
The Police officer has to draw his satisfaction from the materials which are placed before
him i.e., allegation in the FIR, documents etc.
Therefore, the Police has no unfettered discretion to commence investigation under Sec.
157.
Report to Magistrate
The concerned Police officer shall make a report of his prime facie opinion about the
commission of the cognizable based on the material he has and send the same to the
Magistrate having the local jurisdiction.
The purpose of sending the report to the Magistrate is to ensure that he is informed and
control the investigation.
Mere delay in receipt of the such report to the Magistrate shall have no effect on the
investigation.
However, if there is unexplained delay in sending the report to the Magistrate, then it
may draw an inference towards the prosecution story being tainted.
Defective Investigation
A defective investigation would not lead to total rejection of the prosecution story.
It is a settled position of law that in case of defective investigation, the Court has to
circumspect in evaluating the evidence.
It would be unjust for the victim if the accused is let scots free on basis of defective
investigation.
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The recording of statement of the victim shall be conduct at the residence of the victim or
in the place of her choice.
Such statement shall be recorded in presence of her:
Parents; or
Guardian; or
near relatives; or
social worker of the locality.
As far as it is practicable the statements shall be recorded by a Woman Police officer.
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SEC. 160 – POLICE OFFICER’S POWER TO REQUIRE ATTENDANCE OF
WITNESS.
Scope
S.160 is intended to assist the Police Officials during the investigation by giving them an
opportunity to ask questions to certain persons who are acquainted with the facts and
circumstances of the case.
The Officials can enforce attendance of witnesses by way of S.160.
It is to be noted that the Police Official cannot ask for production of documents under
section 160.
This section does not authorize a police official to require attendance of an accused
person with a view to his answering the charge.
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A police officer can examine a person acquainted with the facts of the case, and reduce
his statements in writing by virtue of Section 161.
Such statements can only be used to contradict and corroborate evidence tendered by a
witness.
A major contradiction in statements u/ds. 161 would be helpful in impeaching the credit
of witness.
The substance of an interrogation recorded during investigation is not a statement within
the meaning of S.161 CrPC.
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Variations in statements recorded during trial and while under examination u/s. 161 are
natural.
But if there are certain major contradictions, they would be the best material to impeach
the credibility of the witness.
Statements u/s. 161 are not a substantive piece of evidence, therefore they can only be
used to prove contradictions, variations, omissions and improvements at the stage of trial.
Meaning of ‘Statement’
The expression statement referred to u/s. 162, is the statement recorded u/s. 161(3).
It means the entirety of facts stated by a witness when he was examined.
Statement u/s. 161 should not be signed
The person giving the statement is not required to sign the statement as mandated by
S.162.
In case the statement is signed, the weight attached to the same diminishes, however it
does not make it inadmissible.
The bar of S.162 (regarding not taking signatures) operated on the investigation agency
and not the Court.
Therefore, the Magistrate can take cognizance of the offence on the basis of signed
statement of a witness under section 161.
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If the statement is destroyed, the accused is robbed of his statutory means of cross
examination and thereby denied the opportunity of effectively cross-examining
prosecution witnesses.
When the statements are not made available to the accused, an inference, which is almost
irresistible, arises of prejudice to the accused.
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Confessions or Statements
S.164 contemplates recording of both confessions and statements.
It is well settled that all confessions are statements, but all statements are not confessions.
Confessions are not evidence as per S.3 of the Evidence Act
The word statement is not limited to a statement made by a witness, but includes that
made by an accused and not amounting to a confession.
Person not willing to make a confession before the Magistrate (Sub Sec. 3)
S.164(3) ensures that police pressure is not brought upon the person who is unwilling to
make the confession before the Magistrate.
Therefore, the Magistrate shall not authorize detention of such person in police custody,
as the police may force him to give the confessional statement.
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The statement of a Prosecutrix in case of a sexual offence shall be recorded as soon as the
offence is brought to the notice of police.
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SEC. 165 – SEARCH BY POLICE OFFICER.
S.165 authorizes a general search on the chance that something might be found.
The officer must record reasons for ground for his belief that such search should be
carried out, therefore recording of reasons is an important step.
The officer has no power to make a search beyond the local limits of his own circle.
Failure to call witnesses to search is not a serious omission, as provisions of S.100
Cr.P.C. are only applicable as far as it is possible to apply the same.
Even if there is any sort of procedural illegality in conducting in search and seizure, the
evidence collected thereby will not become inadmissible and the Court would consider
all the circumstances and find out whether any serious prejudice had been caused to the
accused.
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SEC. 167 – PROCEDURE WHEN INVESTIGATION CANNOT BE COMPLETED IN
TWENTY-FOUR HOURS.
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In general, a remand beyond 15 days would entitle the accused to be released forthwith.
However, if there are adequate the Magistrate can extent the period, not exceeding 60 or
90 days as the case may be.
On expiry of such period the accused shall be released on bail.
There shall be certain special reasons for extension of remand.
Bail by default
The right to bail as provided under section 167(2) proviso (a) is absolute.
If the investigation agency fails to file a charge sheet before the expiry of 90/60 days as
the case may be, the accused in custody should be released on bail.
There is no provision for giving a notice to the public prosecutor where a bail is sought
under default clause of Sec. 167.
It shall be the duty of the magistrate to inform the accused that he has right to be released
on bail if the investigation is not completed within 90/60 days as the case may be.
In case the charge sheet, though filed, is incomplete, that is to say without all papers
contemplated u/s. 173(5) the accused is entitled to be released on bail under the default
clause.
Once the bail is granted under the default clause, filing the charge sheet at a subsequent
stage would not lead to cancellation of the bail.
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SEC. 168 – REPORT OF INVESTIGATION BY SUBORDINATE POLICE OFFICER.
Section 168 culls out a procedural requirement.
Where if a subordinate officer has carried out any investigation, he shall report the result
of such investigation to the officer in charge of the Police Station.
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This section shows what a ‘special diary’ maintained by the Police officer shall contain.
It cannot be used during the trial, but it can be used to aid the Court.
The object of the Section is to enable the Courts to check the method of investigation by
the Police.
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SEC. 173 – REPORT OF POLICE OFFICER ON COMPLETION OF INVESTIGATION.
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a. To accept the report and drop the charges; or
b. To direct further investigation to be made by the Police; or
c. T investigate himself or refer for the investigation to be made by another Magistrate
under section 159; or
d. To take cognizance of the offence u/s. 200 as a private complaint when the materials are
sufficient in his opinion and if the complainant is prepared for that course.
Procedure to submit the Report u/s. 173 in respect to case to which Sec. 170 applies. (Sub
Sec. 5)
Along with the report, the IO shall forward the following to the Magistrate:
a. All documents; and
b. Relevant extracts; and
c. Statements u/s. 161
A report which is submitted without these documents is not a legal report in the eyes of
law, hence liable to be rejected.
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Merely because the requirements of submitting the supplementary chargesheet in a
specific way are not fulfilled, the trial shall not be vitiated.
S.173(8) i.e. further investigation can be order even when the Police submits a negative
report at the first instance.
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SEC. 174 – POLICE TO ENQUIRE AND REPORT SUICIDE, ETC.
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SEC. 176 – INQUIRY MAGISTRATE INTO CAUSE OF DEATH
Such inquiry can be carried out in cases of custodial death i.e., when a person dies while
in the custody of the police.
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