Copy of Facts about FIRST Information Report - u/s 154 CrPC
A: When should a police officer register an FIR u/s 154 CRPC?
As per Crpc, when any information reported to the Police officer/ officer-in-charge of a police station, discloses a commission of an cognizable offence, there necessitates the registration of an FIR u/s 154 Crpc. [ Ramesh Kumari v State(NCT of Delhi), AIR 2006 SC 1822: (2006) 2 SCC 677. ] The information that is being shared to the police officer- reduced to writing if orally informed or submitted as a written document at the first instance is known as First Information report. As per Supreme Court, an FIR sets the criminal law in motion. Such an information mentioning commission of Cognisable offence should be reduced to writing and signed by the informant and such a substance thereof must then be recorded in an Annual Book with a specific number by the SHO of the police station.?
B: Can a police start his investigation before registration of an FIR u/s 154 CRPC?
There cannot be any inquiry or investigation as per this code by a police officer without registration of a criminal case u/s 154 Crpc. [Mohindro v State of Punjab, AIR 2001 SC 2989: 2001 Cr LJ 2587 : (2002) 1 SCC 149]. Sec 156 Crpc describes the power of police officer to investigate cases related to cognizable offences where as Sec 157 Crpc describes the procedure for the investigation. The definition of the word –‘Investigation’ is defined u/s 157 (3) Crpc – as all the proceedings under this code in order to collect evidences to be conducted by a police officer or by any person other than a Magistrate, who is authorised by the Magistrate in this behalf. However, it is also ascribed in this code that the commencement of a process of investigation is subject to only two conditions – Vis- a) the police officer has a reason to suspect the commission of a cognizable offence b) he has to satisfy himself of the existence of sufficient grounds to embark on investigation subjectively.
C: Who are eligible by law to register an FIR u/s 154 CRPC?
An FIR can be lodged by the aggrieved party or person, the witness of the offence, or any person in knowledge of this incident. A First Information report can be stated orally to the Police officer-reduced to writing and signed before submission to the SHO, by the aggrieved person or party in injuries. If it is reported by an aggrieved woman related to sexual offenses -vis- rape, molestation, or related nature, a woman police officer must record such an FIR. Also, if it is found that the alleged victim of such offenses including 509 IPC, is temporarily or permanently disabled in terms of mentally or physically, the first information may be recorded at the place of residence of the aggrieved cum reporting person or at any place convenient of such a person’s choice, in presence of a special educator, as the case demands. In case of a deceased victim, the information may be recorded from all those in relation to both the person and the incident or even associates of the deceased victim. [ Bijoy Singh V State of Bihar, AIR 2002 SC 1949: 2002 Cr LJ 2623 : (2002) 9 SCC 147]