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| Name | FIR crpc section 154 || crpc section 154 | fir under section 154 crpc format in hindi | #PCSJ #LAW |
| Video Uploader | Video From Vaids ICS LAW |
| Upload Date | This Video Uploaded At 26-08-2021 15:44:19 |
| Video Discription | To Watch PCS J Online Live Classes Download our App : https://play.google.com/store/apps/details?id=com.vaidsicslucknowscoreexam Contact us : 9415011892 / 9415011893 FIR means ‘First Information Report.’ FIR is the first document prepared in criminal proceedings. FIR is a document that places on record the victim's side of the story. FIR acts as a tool on which police authorities base and start their investigations. Hence, it is pretty clear that an FIR plays a vital role in criminal proceedings. Now, as the importance of an FIR is established, one must understand the legal perspectives attached to it. Section 154[1] of the Criminal Procedure Code (hereinafter referred to as CrPC), 1973, makes it clear that an FIR can be registered in cognizable offenses[2] only. Cognizable crimes are those offenses in which a police officer can arrest an accused without a warrant. Due to the nature of gravity involved in the offences, police authorities can arrest without a warrant under CrPC. The classification of cognizable and non-cognizable offences is furnished under the first schedule of CrPC. 👉 👉 Information in cognizable cases (1) 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, 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. (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 offense, 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 offense. Who can lodge an FIR? Anyone who has information about the commission of a cognizable offense can lodge an FIR. It is not necessary that he/she should be the victim or eye-witness himself. A police officer can lodge an FIR on his own if he comes to know about the Commission of a cognizable offence. In Hallu & Ors. vs. the State of M.P, it was held that “Section 154 does not require that the Report must be given by a person who has personal knowledge of the incident reported. The section speaks of information relating to the commission of a cognizable offense given to an officer in charge of a police station.” How to lodge an FIR? The process of filing an FIR is very simple. It is as simple as narrating a story to the police. The informant has to visit the police station (ideally near the crime scene) and furnish all the information he/she has pertaining to the commission of an offence. Section 154 of the CrPC gives a choice to the informant to furnish information orally or in writing. If the information is disclosed orally then, the report must be reduced to writing by the police officer himself or under his direction. The report must be read out to the informant. Every report whether reduced to writing or submitted in written form, shall be signed by the informant. How to register non-cognizable offenses? In non-cognizable offenses, when an informant approaches the officer in charge, the officer enters such information in his book (maintained as per the format prescribed by the State Government). Secondly, a police officer can begin with the investigation for a non-cognizable offense, only after receiving an order from the magistrate under section 155(3) of the CrPC. The investigating powers of a police officer are the same in cognizable and non-cognizable offenses, except the power to arrest without a warrant. The Hon’ble Supreme Court in State Of West Bengal & Ors vs. Swapan Kumar Guha & Ors held that “there is no such thing like unfettered discretion in the realm of powers defined by statutes and indeed, unlimited discretion in that sphere can become a ruthless destroyer of personal freedom. The power to investigate into cognizable offenses must, therefore, be exercised strictly on the condition on which it is granted by the Code”. #PCS_J_Online_Classes #crpc #ipc #pcsj #law #fir #uppcsj |
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