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Section 154 the code of criminal procedure (crpc)

Section 154 CrPC: Information in cognizable cases (FIR)

(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 thereof shall be entered in a book to be kept by such officer in such form as the State Government may prescribe in this behalf.

Provided that if the information is given by the woman against whom an offence under section 326A, section 3268, section 354, section 354A, section 3548, section 354C, section 3540, section 376, section 376A, section 3768, section 376C, section 45 of 1860. 3760, section 376E or section 509 of the 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:

Provided further that

(a) In the event that the person against whom an offence under section 354, section 354A, section 3548, section 354C, section 3540, section 376, section 376A, section 3768, section 376C, section 3760, section 376E or section 509 of the Indian 45 of 1860. 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 a 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.

(b) the recording of such information shall be video graphed;

(c) 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.

(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 subsection (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.

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​Condition

When a cognisable offence commits the information of that offence is necessary for the investigation of that offence. The police officer is specially authorised to conduct the investigation. Therefore, section 154 of CrPC provides that the officer-in-charge of the police station shall register such information and initiate an investigation for the collection of evidence and arrest of accused.

Legal effect

When information discloses the commission of a cognisable offence then the police officer is bound to investigate the crime without permission or order of the Magistrate. The criminal justice system immediately comes in motion after receiving the FIR.

In Lalita Kumari vs Govt. Of U.P.& Ors AIR 2014 SC the Supreme Court held that it is mandatory for the police officer to register the FIR if the information discloses the commission of a cognisable offence. He has no discretion except to register the FIR.

Procedure

The officer-in-charge of the police station upon receiving the information shall reduce it into writing. He shall take the signature of the informant on the FIR and read over to him. The police officer shall mark the information with a case crime number and enter the gist of information in the general diary. He shall forthwith send a report to the concerned Magistrate under section 157 crpc, to inform the court about the upcoming investigation.

Lawyer’s advice

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Section 164: the Code of Criminal Procedure 1973

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