UNIT-1 REPORTING OF CRIMES

Transcription

1 UNIT-1 REPORTING OF CRIMES Structure 1.1 Introduction 1.2 Objectives 1.3 The Police and Investigation of Cognizable Offences 1.4 The Police and Investigation of Non-Cognizable Offences 1.5 Territorial limits of the Police to investigate Cognizable Offences 1.6 Relationship between the Police and the Judiciary 1.7 What is First Information Report FIR? 1.8 Ambit and Scope of First Information Report 1.9 Nature and Contents of First Information Report 1.10 Salient Features of First Information Report 1.11 First Information Report - Whom to be sent? 1.12 How to Lodge First Information Report 1.13 Persons who can lodge First Information Report 1.14 Evidentiary Value/Importance of First Information Report 1.15 Summary 1.16 Terminal Questions 1.17 Answers and Hints 1.18 Work Assignment 1.19 References and Suggested Readings 1.1 INTRODUCTION The menace of crimes and criminal activities is of ancient in origin. people commit crimes for various reasons. Generally, they indulge in criminal activities to satisfy their physical or psychological needs. Love, lust, hate, anger, jealous, and anxiety are some of the important motivating factors for crimes. Continuous rise in crimes and criminal activities both in number and nature is a great threat to peace and security of the society and the State. In India alone, 1

2 more than 60 lakhs crimes of different kind are being reported every year. More than 90 lakh criminal cases are awaiting adjudication. This has compelled the State to create by statutes strong agencies such as the police, the prosecution and the judiciary respectively to investigate, prosecute and punish criminals and ensure its citizens peace and security in their daily lives. These functionaries are collectively known as Criminal Justice machinery. Investigation of crime refers to systematic and procedural way of collection, collation and comprehension of facts relating to a crime by the police or any other authorized authority. The paramount duty of the police is to investigate crimes and render necessary assistance to the prosecution and the judiciary to prosecute and punish criminals under law. However, the task of investigation is tuff and tiresome process involving various phases and facets. It generally commences with reporting or registration of crimes and passes through the stages of arrest of accused; search and seizure; examination of witnesses; collection of evidence; bail and remand process and preparation and filing of charge sheet/final report to courts. The Code of Criminal procedure (hereinafter referred to as CrPC) provides for procedures to be followed by the investigating police in efficient and effective investigation. Thus, the investigating police must acquaint themselves with various procedures, rules and orders laid down under the Code of Criminal Procedure, the Evidence Act, the Penal Code, Special and Local Laws and the Police Manuals. They should also keep abreast of day-to-day judgments of the Supreme Court and High courts. 1.2 OBJECTIVES Once you go through this unit, you should be able to: describe powers of the police to investigate cognizable offences; say when can the police investigate non-cognizable offences; describe territorial limits of the police to investigate cognizable offences; explain the relationship between the police and the judiciary; what is first information report; state ambit and scope of first information report; 2

3 explain the nature and contents of first information report; enumerate the salient features of first information report; say to whom first information report to be sent; answer as to how to lodge first information report; say persons who can lodge first information report; and explain evidentiary value/importance of first information report. 1.3 THE POLICE AND INVESTIGATION OF COGNIZABLE OFFENCES The police are a vital and indispensable executive organ of the State for prevention and detection of crimes. The same has been clearly set out in the Preamble to the Police Act, Section 2(h) of CrPC has defined the term investigation as: All the proceedings under this Code for the collection of evidence conducted by a police officer or by any person (other than a Magistrate) who is authorized by a Magistrate in this behalf. In other words, it refers to systematic and procedural way of collection, collation and comprehension of facts pertaining to a crime. The police are clothed with powers under Section 156 CrPC to conduct investigation in cognizable offences. Under the section an officer-in-charge of a police station, without the order of a Magistrate, may investigate any cognizable case declared under any law in force. Investigation of cognizable offence is the province of the police. In normal course the judiciary is not suppose to interfere with smooth conduct of investigation. As per Section 2 (o) of CrPC the police officers of and above the rank of a head constable in a police station can investigate cognizable case. The police officers who are working in Corps of Detectives and Central Bureau of Investigation are also empowered to investigate. When it is referred to a cognizable case under Section 156 CrPC, it is defined under Section 2(c) CrPC as: Cognizable offence as an offence for which, and cognizable case refers to a case in which, a police officer may, in accordance with the First Schedule or under any other law for the time being in force, arrest without warrant. In other words, the police can arrest without a warrant from a competent Magistrate. The Code of Criminal Procedure also provides for investigation of cognizable offences by a private person. Under Section 202 (1) of CrPC a Magistrate is empowered to entrust 3

4 investigation to a private person, if he thinks so, for special and specific reasons. However, such person shall not have power to arrest a person without warrant from the Magistrate. Of course, such instances of entrusting investigation to private persons are very rare in the annals of criminal investigation. Only when has the Magistrate a reason to lose confidence and faith in the investigating police then only he can entrust the investigation of cognizable offences to a private person. Please answer the following Self-Assessment Questions. Self-Assessment Question 1 Spend 3 minutes 1) Under Section of CrPC the term investigation is defined. 2) The police are empowered to investigate cognizable offence under Section of CrPC. 3) Under Section2(c) CrPC the phrase cognizable offence means ) Section of CrPC a Magistrate is empowered to entrust investigation to a private person. 1.4 THE POLICE AND INVESTIGATION OF NON-COGNIZABLE OFFENCES Under the scheme of CrPC, the police are not vested with powers to investigate non-cognizable offences on their own volition as non-cognizable offences are considered to be petty- private criminal wrongs which may be committed in the society in normal course and do not deserve to be investigated and punished severely. Such offences may be investigated by the police, provided, a competent Magistrate orders so in writing. The aggrieved person can, however, approach jurisdiction judicial Magistrate with a complaint and the latter may take necessary steps for the enquiry and trial of the offender. Section 155 (1) CrPC has categorically laid down that if any person furnishes information to an officer- in- charge of a police station of the commission of a non-cognizable offence, the police officer shall enter or cause to be entered the substance of the information in a book- Station House Diary/ General Diary- prescribed under the Police Act, 4

5 1861, for this purpose. The police officer shall then refer the informant to the Magistrate. The police officer has no further duty unless he is ordered by a Magistrate to investigate the case. The phrase non-cognizable offence has been defined under Section 2(l) CrPC, as: An offence for which, and non-cognizable case refers to a case in which, a police officer has no authority to arrest without warrant. Powers of the police to investigate a non-cognizable case depends on the order of a competent Magistrate. As envisaged under Section 155(2) CrPC that 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. In other words, the police can investigate noncognizable offence with the written order of a competent Magistrate. So also they can arrest a person for the commission of a non-cognizable offence only with a written warrant from such a Magistrate. If a police officer investigates a non-cognizable case without the order of a Magistrate, such a non-conformance to the mandatory provisions laid down in Section 155(2) may be an important factor in vitiating the ultimate proceedings and may also be considered as violation of Article 21 of the Constitution of India. Therefore, the police should be very conscious and cautious of their duties and responsibilities and should not give room for such misadventures and get trapped in the dragnet of law. A curious reader may ask a question for himself that what shall the police do when they receive a case involving both cognizable and non-cognizable offences? The answer is, they can register such case and continue with the investigation. Absolutely, there is no bar under the CrPC for the police to investigate such a case. Section 155(4) provides for it. According to the section 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, notwithstanding that the other offences are non-cognizable in nature. Automatically the police will get powers to investigate such cases in combination. In State of Haryana v. Bhajan Lal,AIR 1992 SC 604, 1992 Supp (1) SCC 335 & 614, the Supreme Court has clearly held that under the newly introduced sub-section (4) to Section 155, where a case relates two offences in which at least one is cognizable, the case shall deemed to be a cognizable case notwithstanding that the other offences are non-cognizable and, therefore, under such circumstances the police officer can investigate such offences with the same power as he has while investigating a cognizable offence. First Schedule of CrPC provides for classification 5

6 offences as cognizable and non-cognizable which could be made use of by the police as readyreckoner to find out which offence is cognizable and which is non-cognizable. Please answer the following Self-Assessment Questions. Self-Assessment Question 2 Spend 4 minutes 1) Briefly explain the powers and limitations of the police under Section 155 CrPC. 2) Section of CrPC provides powers to the police to investigate a case consisting of both cognizable and non-cognizable offences. 1.5 TERRITORIAL LIMITS OF THE POLICE TO INVESTIGATE COGNIZABLE OFFENCES As far as territorial limits of the police for investigation of cognizable offences are concerned Sections 177 to 189 CrPC have clearly laid down several provisions. In normal course, when offences are reported in a particular police station limits then that police station police will have jurisdiction to register the case and proceed with investigation. When offences are committed in different police stations which police station police should register case and investigate? Section 178 CrPC provides for when an offence committed partly in one local area and partly in another or an offence committed is continuous one and continued to be committed in more local areas than one any one of the police stations having jurisdiction can receive complaint and register case and investigate. In so far as registration of complaint there is no territorial bar and the police can continue with the investigation of a case till the jurisdictional police take over the case for further investigation. In Satvinder Kaur v. State, 1999 SCC (Cri.) 1503, the Supreme Court has held that the original complaint was filed by the petitioner in the police station at Patiala. Later, another complaint was filed in a police station in Delhi; the Delhi police have, in view of Sections 177 and 178 CrPC, power to hold the investigation. State Governments notify from, time to time, territorial limits for each police station. Please answer the following Self-Assessment Question. 6

7 Self-Assessment Question 3 Spend 1 minute 1) Is there any bar to the police to register a crime committed in another police station limits? Say: Yes/ No 1.6 RELATIONSHIP BETWEEN THE POLICE AND THE JUDICIARY The police are empowered under Section 156 CrPC to investigate cognizable offences suo moto without the order of a Magistrate. Generally, the judiciary is not suppose to interfere with the investigation of the police unless there are certain glaring statutory lapses in investigation. This is clearly set out by the Supreme Court in State of Haryana v Bhajan Lal, Supra, by observing that the High Court of Haryana cannot quash the FIR or stop the investigation unless the complaint does not disclose a cognizable offence or a complaint is civil or mala fide in nature. Even the Law Commission has also observed that a Magistrate is kept in the picture at all stages of the investigation, but he is not authorized to interfere with the actual investigation or to direct the police as to how investigation has to be held. This prohibition is laid down to ensure free and fair investigation by police. However, the judiciary can interfere with the investigation of the police when the latter transgress the procedural limits. In appropriate cases an aggrieved person can always seek a remedy by invoking the powers of the High Court under Article 226 of the Constitution (or under section 482 CrPC) under which, if the High Court is convinced that the power of investigation has been exercised by the police officer mala fide, it can always issue a writ of mandamus restraining the police officer from abusing due process of law. Please answer the following Self-Assessment Question. Self-Assessment Question 4 Spend 1 minute 1) Can the courts in normal circumstances interfere with the police in investigation of case u/s 156 CRPC? Say: Yes/No 1.7 WHAT IS FIRST INFORMATION REPORT FIR? 7

8 In usual course, the term complaint is being used to refer FIR. However, statutorily speaking there is a difference between compliant and FIR. The term complaint is defined under CrPC and not the phrase first information report. One has to understand the meaning and scope of the phrase first information report from content and context of the definition provided for it under Section 154 of CrPC. Before the reader tries to know what is first information report, he must have forehand knowledge of the fundamental difference between complaint and first information report. The term complaint as defined under Section 2(d) of CrPC refers to: Any allegation made orally or in writing to a Magistrate, with a view to his taking action under CrPC that some person, whether known or unknown, has committed an offence, but does include a report. In other words, a complaint refers to a report of allegations of an offence made by a person against some person directly to a competent Magistrate to initiate legal action, whereas, the phrase a first information report refers to a report of cognizable offence made by any person first in point of time to an officer-in-charge of a police station to initiate legal action against some person. The reader can see clearly that under Section 154 CrPC a person can report only of cognizable offence to the police, whereas under Section 2(d) CrPC a person may report to a Magistrate commission of any offence, whether cognizable or non-cognizable. Please answer the following Self-Assessment Question. Self-Assessment Question 5 Spend 2 minutes 1) Distinguish between complaint and FIR. 1.8 AMBIT AND SCOPE OF FIRST INFORMATION REPORT Generally, investigation of a cognizable offence commences with lodging of FIR to the competent police. It is a pre-requisite for the police to set criminal law into motion and commence investigation of a cognizable offence. However, it is not an encyclopedia to encapsulate all the details required to constitute a full- fledged FIR. The scope of FIR as set out under Section 154 CrPC can be divided into the following parts for clear understanding: 8

9 1. Information to be given to an officer- in- charge of a police station must be relating to the commission of a cognizable offence; 2. Information may be given either in writing or orally; 3. If the information is given orally to such an officer, it shall be reduced to writing by him or under his direction, and be read over to the informant and shall be signed by the person providing such an information; 4. The information given in writing must also be signed by the informant; 5. 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. The book is generally known as Station House Diary or General Diary. A copy of the information shall be given forthwith, free of cost to the informant; and 6. 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 under CrPC, and such officer shall have all the powers of an officer in charge of a police station in relation to that offence. Please answer the following Self-Assessment Question. Self-Assessment Question 6 Spend 4 minutes 1) Briefly explain the scope of FIR. 1.9 NATURE AND CONTENTS OF FIRST INFORMATION REPORT It is pertinent to note that the information furnished to an officer- in- charge of a police station under Section 154 CrPC must be of the commission of a cognizable offence. Any information other than cognizable offence does not fall within this category and consequentially, the police 9

10 need not initiate action on such an FIR. Moreover, information relating to the commission of a cognizable offence should not be vague. It should be definite information to prompt investigation. The information on which the police are expected to act must be authentic. In other words, the information must be capable of being traced to a specific individual who would take the responsibility for the same so that if the information subsequently turns out to be false, the informant may be proceeded against under Section 182 the Indian Penal Code for having lodged a false complaint to the police. The information must be sufficiently definite and clear enough to suspect that a cognizable offence had been committed. Thus, it very clear that the conditions as to the character of the statements are really three-fold: first it must be credible information; second, ex facie it must relate to a cognizable offence and not merely in the light of subsequent events; and third, it must be first in point of time. First information report should not be cryptic and vague. It should clearly specify the commission of a cognizable offence. The Supreme Court in Sheikh Ishaque v State of Bihar, (1995) 3 SCC 392, 1995 Cri. LJ 2682 (SC), 1995 (2) Crimes 294 (SC), has held that an information over telephone by the village chowkidar to the police that firing was going on and that there was a commotion in the village, was cryptic in nature and the said information was not sufficient to be treated as an FIR. When information as to the commission of a cognizable offence is received over telephone, telegram or by post, he should make a note of it in the Station House Diary and proceed to the spot and hold necessary enquiry. If he comes to know that from the enquiry held that a cognizable offence is committed he can ask the person who has sent the message to give complaint. If that person could be traced and he is reluctant to lodge FIR, the police officer should sou moto make complaint and conduct investigation. However, if an officer-in-charge of a police station receives an information as to the commission of a cognizable offence by telegram or post or and such information reveals the requisite details of an FIR and bears the signature of maker, such information may be considered as FIR and register the same in the Station House Diary and proceed to the spot for investigation. A dying declaration, that is when the statement is made by a person as to the cause of his death, or as to any of the circumstances of the transaction which resulted in his death, in cases in which the cause of that person s death comes into question, under Section 32(1) of the Evidence Act becomes FIR when that declaration is taken up as an FIR by the police. 10

11 If however, upon oral information, the investigation gets started, any subsequent written report about the incident cannot be taken as FIR but it can only be considered as a statement under Section 161 of CrPC. Such a statement under Section 161 CrPC, unlike an FIR, cannot be used to corroborate the evidence of the informant. A report will not be treated as FIR if it is prepared and handed over to the police officer during the investigation of the case as it is hit by Section 162 CrPC. When more than one person goes at or about the same time and make statements to the police about the same cognizable offence, the police will use common sense and consider one of the statements, which is clear and complete as FIR. If complaint and counter complaint are made to the police, they should be received and registered, but as matter of principle they should be investigated by two different police officers to ensure farness in the investigation. It is the first and foremost duty of an officer- in- charge of a police station to receive first information report, register a case by making necessary entries in the Station House Diary/General Diary as per the Police Act, 1861, and carry out the investigation as per the powers and procedures laid down under Sections 156 and 157 of CrPC. In State of Haryana v. Bhajan Lal, supra, the Supreme Court has clearly held that if any information disclosing a cognizable offence is laid before an officer-in-charge of a police station satisfying the requirements of Section 154(1), the said police officer has no option except to enter the substance thereof in the prescribed form, that is to say, to register a case on the basis of such information. If such information is orally given before an officer- in- charge of a police station the same should be recorded by that police officer without any interpolations and obtain signature of the informant or his thumb impression, if he is an illiterate. The requirement of recording the substance of the FIR in the daily diary(general Diary) means mentioning not only the particulars of the person who is recording the FIR, but also the particulars of eyewitnesses and names of the accused in the daily diary. It is not permissible under Section 154 CrPC to hold an ex parte inquiry before the registration of the case when a written report given to the police discloses commission of a cognizable offence. The officer-in-charge of a police station must register a case on the complaint and any refusal amounts to dereliction of duty and criminal misconduct and accordingly, that officer will be liable for punishment. 11

12 In Rajinder Singh Katoch v. Chandigarh Admn. and Others, (2008) 1 SCC (Cri.) 571, the Supreme Court has held that although an officer- in- charge of a police station is legally bound to register FIR in terms of Section 154 of CrPC, if the allegations made by them give rise to an offence which can be investigated without obtaining any permission from the Magistrate concerned, the same by itself, however, does not take away the right of the competent officer to make a preliminary enquiry, in a given case, in order to find out as to whether the first information sought to be lodged had any substance or not. However, this is an exception and in all most all cases, as a rule, once FIR is lodged before an officer-in-charge of a police station, the officer concerned should receive and register it. He should not turndown it. The first information report is a very valuable document and the accused is entitled to know what is said in that report to connect him with the offence so that he may be in a position to protect his interest by cross-examining the prosecution witnesses with respect to any additions or alterations in the story of the prosecution, which may subsequently be made in evidence. The receipt and recording of first information report is not a condition precedent to the setting in motion of a criminal investigation. No doubt in the great majority of cases, criminal prosecutions are undertaken as a result of information received and recorded in this way. But there is no reason why the police, if through their own knowledge, or by means of credible though informal intelligence which genuinely leads them to the belief that a cognizable offence has been committed, should not of their own motion undertake an investigation into the truth of the matters alleged as per Section 157. Further, under the section when directing that a police officer who has reason to suspect from information or otherwise that an offence which he is empowered to investigate under Section 156 has been committed, shall proceed to investigate the facts and circumstances to support this view. In truth, the provisions as to first information report are enacted for other reasons. All criminal courts should bear in mind the importance of examining, when there appears to be any necessity to do so, the first information of an offence reduced to writing in accordance with this section, in view of the notorious tendency in this country to improve upon the original statement of facts to strengthen the case as it proceeds and sometimes to add to the persons originally named as the offenders. So, it is of great importance to know what was said at first, before there is time for facts to be forgotten or embellished. 12

13 When FIR is lodged with a mala fide intention and it does not disclose a cognizable offence or of totally civil or trivial in nature, High Courts are empowered to quash the same under inherent powers vested in them under Section 482 CrPC. If any person lodges a false complaint to the police he is liable for punishment under Section 182 and 211 of the Indian Penal Code. The police are liable to be punished under Section 218 of the Indian Penal Code if they willfully insert untrue matter in the FIR while recording the statement of informant under Section 154 CrPC. Please answer the following Self-Assessment Questions. Self-Assessment Question 7 Spend 6 minutes 1) Explain the nature and contents of FIR. 2) Under Section----- CrPC an officer-in-charge of a police station may suo moto register a case. 3) Can the police prosecute a person who files a false compliant? If yes, under what provision of IPC? 1.10 THE SALIENT FEATURES OF FIRST INFORMATION REPORT As far as possible an FIR should be a natural outcome of report of the informant. It should be written in simple language avoiding technical or legal jargons. It should be clear, cogent and continuous in narration of facts and circumstances of the instance. It should be free from interpolations, erasures and over-writings. Minute details need not be mentioned in FIR and it often leads doubt and suspicion that it has been prepared after consultations and discussions to target maliciously certain persons. It must embrace all the basic requirements of law to set criminal law into motion and also for smooth and successful conduct of investigation. The following are the salient features of FIR: 13

14 1. It should contain the name, signature and address of the informant; 2. It should contain all facts and circumstances leading to commission of an cognizable offence so that it will be easy to identify motive and intention for crime; 3. It should contain method and mode of commission of crime; 4. It should a mention of the nature of offence committed such as theft, robbery, rape, murder and so on; 5. It should contain the details of the place, date and time of commission of crime; 6. It should contain name(s) and number of the accused if they are known accused; 7. It should contain the name(s) of witness (s) to the crime, if any person(s) has witnessed the commission of crime; 8. In assault case it should contain the details of nature assault/ injuries and type of weapons used in commission of crime; and 9. In theft case it should contain type and value of property stolen and a list thereof. Please answer the following Self-Assessment Question. Self-Assessment Question 8 Spend 5 minutes 1) Enumerate the salient features of an FIR FIRST INFORMATION REPORT - WHOM TO BE SENT? As soon as first information report is received by an officer-in-charge of a police station, he should note the date and time of receipt of information on the report. So also a crime number and section law(s) should be noted in the FIR. Facts of the case are to be noted in the Station House Diary. A copy of the FIR has to be retained in the Station and the original FIR should be forwarded without delay to the Magistrate having jurisdiction, appending the original complaint. Where the Station House Officer of a police station is Sub-Inspector, a copy will be sent along with a Station House Diary to the Circle Inspector of Police, and to Sub-Divisional Police Officer. In case of heinous crimes a copy of FIR has to be sent invariably to Superintendent of Police. Where Station House Officer is Police Inspector then a copy of FIR should be sent 14

15 directly to Sub-Divisional Police Officer. When the Magistrate having jurisdiction is not the local Magistrate a fourth copy will have to be sent to the latter also. In cases coming under clause (b) of the proviso to Section 157 CrPC, that if it appears to the officer-in-charge of a police station that there is no sufficient ground for entering on an investigation, he shall not investigate the case, the copy of the FIR should be sent to the Magistrate, through the Circle Inspector. In cases referred under Section 155(2), 156(3) and 202, CrPC, a copy of the FIR need not be sent the Magistrate as the referred complaint itself constitutes first information. Similarly in cases registered under Section 182 or 211 of Indian Penal Code, with the orders of the Magistrate, a copy of the FIR need not be sent the Magistrate. Please answer the following Self-Assessment Question. Self-Assessment Question 9 Spend 2 minutes 1) List out as to whom all the copies of FIR are to be sent HOW TO LODGE FIRST INFORMATION REPORT Under the scheme of CrPC, there are three ways by which an aggrieved person or on his behalf some one else may lodge complaint for the commission of a cognizable offence. The first and foremost way of lodging complaint is under Section 154 CrPC, wherein any person can lodge first information report as to the commission of a cognizable offence before an officer- incharge of a police station. If the officer- in- charge of the police station refuses to register the FIR, the aggrieved person 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. When an aggrieved person fails to get his FIR registered from above means, he is entitled to lodge complaint under Section 190 (1) (a) CrPC before a competent judicial Magistrate. The Magistrate may there upon take the cognizance of the offence and may proceed to take steps for 15

16 the trial of the accused person under Section 202 CrPC or before taking cognizance of the offence he may direct under Section 190 read with 156(3) CrPC the jurisdictional police to investigate the case. Commonality is that in all kinds of complaints the nature and contents remain the same. If a person is unable to get his complaint registered by either of the two means he can approach High Court for issue of writ of mandamus under Article 226 of the Indian Constitution to the police or competent Court to register his complaint. Please answer the following Self-Assessment Question. Self-Assessment Question 10 Spend 2 minutes 1) How to lodge FIR? 1.13 PERSONS WHO CAN LODGE FIRST INFORMATION REPORT Under the scheme of CrPC not any one can lodge complaint before the police or a Magistrate, except for the offences mentioned under Section 39 of CrPC. Only victim or on his behalf a person who has been given the general power of attorney on his behalf can file complaint. For instance, if A has been cheated by B, a private person, then either A himself can lodge complaint or C who has been authorized by A can lodge complaint against B and none else. Generally, one should have locus standi to lodge complaint. Under certain laws only the designated persons are authorized to lodge complaints. For instance, for offences of dowry vide Section 7(1) (b) (ii) of the Dowry Prohibition Act, 1961( as amended in 1985) only the person aggrieved by the offence or a parent or other relative of such person, or by any recognized welfare institution or organization can lodge compliant and not other general public. 16

17 Section 39 CrPC empowers public to give information to the nearest Magistrate or police officer of commission of or intention to commit any offence punishable under any of the following sections of the Indian Penal Code: (1) Every person, aware of the commission of, or of the intention of any other person to commit, any offence punishable under any of the following sections of the Indian Penal Code (45 to 1860), namely:- i) Sections 121 to 126, both inclusive, and section 130 (that is to say, offences against the state specified in Chapter VI of the said Code). ii) iii) iv) Sections 143, 144, 145, 147 and 148 (that is to say, offences against the public tranquility specified in Chapter VIII of the said code). Sections 161 to 165-A both inclusive (that is to say, offences relating to illegal gratification). Sections 272 to 278, both inclusive (that is to say, offences relating to adulteration of food and drugs etc). v) Section 302, 303 and 304 (that is to say, offences affecting life). vi) Sections 364-A (that is to say, offence relating to kidnapping for ransom etc). vii) Section 382 (that is to say, offence of theft after preparation made for causing death, hurt or restraint in order to the committing of the theft). viii) Sections 392 to 399, both inclusive and section 402 (that is to say, offences of robbery and dacoity). ix) Section 409(that is to say, offence relating to criminal breach of trust by public servant etc). x) Sections 431 to 439 both inclusive (that is to say, offences of mischief against property). xi) Sections 449 and 450 (that is to say, offence of house trespass). xii) Sections 456 to 460 both inclusive (that is to say, offences of lurking house trespass) and xiii) Sections 489 A to 489E both inclusive (that is to say, offences relating to currency notes and bank notes). Under Section 157 (1) CrPC an officer- in- charge of a police station has reason to suspect the commission of an offence which he is empowered under Section 156 to investigate based on an information received or otherwise, he shall forthwith send a report of the same to a Magistrate 17

18 empowered to take cognizance of such offence upon a police report and shall proceed with investigation. In other words, under the section an officer- in- charge of a police station can suo moto register a complaint against known or unknown accused and proceed with investigation. Section 151 CrPC lays down that every police officer receiving information of a design to commit any cognizable offence shall communicate such information to the police officer to whom he is subordinate and to any other officer whose duty is to prevent or take cognizance of the commission of any such offence. Therefore, the police are also empowered lodge complaint before the police to initiate legal action against such persons who are designing to commit any cognizable offence notified under any law. An accused himself can lodge complaint against him and other co-accused, as the case may be. The police are bound to take his complaint and proceed with the investigation. Only thing is confessional part of his statement which does not lead to discovery of facts under Section 27 of the Evidence Act is not admissible under Section 25 of the Evidence Act as it barred under the section. Please answer the following Self-Assessment Questions. Self-Assessment Question 11 Spend 4 minutes 1) Can any body lodge FIR? Say: Yes/No 2) Under what provision of CrPC the public are empowered to lodge FIR? 3) Quote an instance where a person is required have locus standi to lodge FIR EVIDENTIARY VALUE/ IMPORTANCE OF FIRST INFORMATION REPORT The first information report is an important legal document, though it is not a substantive piece of evidence. However, its importance cannot be ignored as it can be used to corroborate the 18

19 informant under Section 157 of the Evidence Act. The FIR can also be used for the crossexamination of the informant and for contradicting him under Section 145 of the Evidence Act. But the FIR cannot be used for the purpose of corroborating or contradicting any witness other than the one lodging the FIR. It may, however, become relevant to under Section 8 of the Evidence Act to know motive, preparation and previous or subsequent conduct of person(s) against whom the trial is being held. It lends credence to the prosecution version and diminishes the possibility of a coloured version being put up by the complainant in the report. It is for this reason that the courts view with concern any delay in the lodging of the FIR and the law expects for prompt lodging of the FIR. As observed by the High Court of Bombay in Ramesh Nana Ghorpade v State of Maharasthra, 1996 Cri. LJ 2185(Bom), the prompt lodging of the FIR to a great extent brings out the spontaneous version of the occurrence and rules out the possibility of a coloured and thought-out version being put-up. The object of FIR is to obtain early information regarding the circumstances in which crime was committed, the names of the actual culprits, part played by them and the names of the eye-witnesses present at the scene of crime. Further, it is also vividly clear that the legislature by providing in Section 157 CrPC that an officer- incharge of a police station shall forth with send a copy of the report to the Magistrate concerned, provides an external check for the prompt lodging of the FIR. The Police Manuals also mandate the police to dispatch a copy of FIR to the immediate superior officer as soon as the case is registered. Thus, this section provides a safety valve in cases where the FIR is either ante-timed or ante-dated. It should be noted that an unexplained delay is always fatal to the prosecution. It weakens the case of prosecution but also convinces court to draw adverse inference against the prosecution case. In Jagdish Murav v. State of U. P. and Others, [(2007) 2 SCC (Cri.) 236], the Supreme Court has observed that: In undue delay in sending FIR to the Magistrate would also have an adverse effect on the prosecution. The original diary had not been produced despite the fact that a specific defence was raised that the FIR was not ante-timed or ante-dated. The Circle Officer, whose office was situated at about 1 1 /2, km from the police station and was housed in the building of Kotwali police station, saw the FIR only on though FIR was stated to be registered on It reached the Court of Magistrate much later i.e

20 In cases where the accused himself is the complainant in such a situation the FIR cannot be used either for corroboration or contradiction, because the accused cannot be the prosecution witness, and he would very rarely offer himself to be a defence witness under Section 315 of CrPC. Moreover, if the FIR is of a confessional nature it cannot be proved against the accusedinformant as it would be hit by Section 25 of the Evidence Act as the section envisages that no confession made to a police officer shall be proved as against a person accused of any offence. If the FIR given by the accused is non-confessional, it may be admissible in evidence against the accused as an admission under Section 21 of the Evidence Act or as showing his conduct under Section 8 of the Evidence Act. Please answer the following Self-Assessment Questions. Self-Assessment Question 12 Spend 3 minutes 1) Is FIR a substantive piece of evidence? Say: Yes/No 2) What is the evidentiary value attached to FIR? 3) Can a person other than maker of FIR contradicted u/s 145 of the Indian Evidence Act? Say: Yes/No 1.15 SUMMARY The perilous effects of crimes and criminal activities could be witnessed ever since the rise and growth of human civilization. Men indulge or forced to indulge in criminal activities for various reasons. It is the solemn duty of the State to prevent crimes and combat criminal activities to ensure peace and security in the State. For which the State has created a very strong agency called as the police. Investigation of crime refers to systematic and procedural way of collection, collation and comprehension of facts pertains to a crime. This task has to be performed very professional way by the police in order to ensure that the real perpetrators of crimes are mercilessly 20

21 persecuted for their unlawful acts so that the good people can live in a state of peace and security. Investigation of crime is a long process. It has been regarded as the stepping stone in the process of criminal investigation. It involves various phases and facets. Generally, it commences with the reporting of crimes and transcends the phases of examination of witnesses; apprehension and arrest of the accused; search and seizure; collection of evidence; bail and remand and ends up in filing of charge sheet/final report to court. Reporting of crime is a first and foremost phase in investigation. It refers to lodging of first information report to the police u/s 154 CrPC or filing of complaint to court u/s 190(1) (a) of CrPC to initiate lawful action against the persons accused of crime. The police can also sou moto take up complaint. The police are duty bound to register case when the information reveals the commission of a cognizable offence and proceed with the investigation. If the information revealed is only of a non-cognizable in nature then the police need not register case vide u/s 155(2) CrPC expect with the written order of a competent Magistrate. However, if the information furnished to the police discloses both cognizable and non-cognizable offences then the police can register a case and proceed with the investigation vide powers vested in them u/s 155(4) CrPC. Cognizable offence is a case where the police can arrest a person without warrant and investigate the case vide the powers vested in them u/s 156 CrPC, whereas non-cognizable offence is a case where the police are not suppose to arrest a person without a written order from a Magistrate vide Section 155(2) CrPC. Information of the commission of cognizable offence may be given, either written or orally, by any person subject to exceptions provided under CrPC, to an officer-in-charge of a police station to initiate legal action. FIR is a public document. Once the case is registered on FIR, a copy of it should be furnished to the informant free of cost. It also forms an important part of charge sheet once a case is charge sheeted. First Information report to be a full pledged one. It should contain the date and time of offence; nature of crime committed; weapons used for the crime; property lost; name(s) of the accused and witnesse(s) and other necessary details required depending upon the nature and magnitude of crime. However, it need not be an encyclopedia. 21

22 The information reported to the police should be first in point of time and natural without concoctions and embellishments to create confidence in the police to receive and proceed with the case. The courts are not expected to interfere in usual course of investigation vide the powers invested with the police u/s 156 CrPC to ensure fair play in investigation. There is no territorial bar for the police to register a case and investigate till the jurisdiction police take up further investigation when an offence committed is of another police station limits. First information is not a substantive evidence. It can be used as corroborative evidence vide Section 157 of the Evidence Act or can be used to contradict vide Section 145 of the Evidence Act. However, only the person who lodges complaint can be contradicted and not the other witnesses cited in the FIR. It is also relevant to u/s 8 of the Evidence Act to determine motive, preparation and previous or subsequent conduct of person(s) against whom the trial is being held TERMINAL QUESTIONS 1) What is the nature and contents of FIR? Explain. 2) What are the powers and limitations of the police in investigation of cognizable and noncognizable offences? 3) What are the duties of the police when an FIR is lodged before them? 4) What is the evidentiary value/importance attached to FIR under the Evidence Act? 1.17 ANSWERS AND HINTS Self-Assessment Questions 1) (i) Reveal cognizable offence (ii) First in point of time (iii) Embrace time, date, place, nature of crime, name of the complaint, witnesses, accused and so on. 2) The police power to investigate cognizable offence and limitations to register and investigate non-cognizable offence. 22

23 3) To receive the information and register a case. If the information given is oral record the same and register it. Make entries in Station House Diary. Dispatch the copies of FIR to the concerned. 4) Its corroborative value u/s 157 of the Evidence Act. It can contradicted u/s 145 and impeached u/s 155 of the Evidence Act. Terminal Questions 1) Refer to section 1.9 of the unit. 2) Refer to sections 1.3 & 1.4 of the units. 3) Refer to sections 1.11 & 1.12 of the units. 4) Refer to section 1.14 of the unit WORK ASSIGNMENT The readers are advised to visit the nearest police station and request the officer-in-charge of the police station to furnish both blank as well as duly filled up formats of FIR and see their outlines and how the columns therein are distinctly spread out and so on. They can have a look at format of the Station House Diary/General Diary and how it is opened and closed for the day with necessary entries and so on. They may also interact with the police at the police station so that they can get their doubts clarified which will in turn broaden their outlook and understanding of the topic REFERENCES AND SUGGESTED READINGS Aiyer & S.L. Tripathi K: Criminal Major Acts: 4 th ed., Malhotra Law House, New Delhi, 1990 Charles R. Swanson, Jr. Criminal Investigation: Goodyear Publishing & Neil C. Chamelin Co. Inc. California, Leonard Territo. & Others: Mitter s: Police Diaries: 11 th ed., vol.1& vol.2., Law Publishers (India) Pvt.Ltd. Allahabad,

24 Paul B. Weston & Criminal Investigation- Basic Perspectives: Kenneth M. Wells: Prentice-Hall, Inc., Englewood Cliffs, N.J., Sohoni: Code of Criminal Procedure: 19 th ed., vol. 1 to vol. 5., the Law Book Co. Pvt. Ltd. Allahabad, The Police Act, 1861 * * * * * 24