First remedy of complainant is to approach the superintendent of police under section 154 3 cr. Fir first information report putting criminal enforcement. The contradiction can be elicited by having recourse to section 145 of the evidence act. In case you lose your copy, you can use these details to access the fir. Sections 154 to 157 of the code or any other provisions of. For noncognizable cases the police officer may arrest only after being duly. According to section 154 of the code of criminal procedure 1973, information in cognizable cases 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.
The registration of a first information report fir is mandatory under section 154 of the code of criminal procedure crpc, especially in cases. The case involved murder of a passenger by gunshot, the police received telephonic message that one passenger was shot dead at room cabin while he was getting down from a passenger train, please arrange disposal of dead body. Any person can make a complaint unless it is a marriage or defamation case but in case of an fir anybody who is a victim, a. Section 154 in the code of criminal procedure, 1973. Protest petition by complainant under 154 crpc article. In case of cognizable offences, the police officer is bound to register an fir first information report immediately under section 154 of crpc and. The procedure for filing an fir is mentioned under section 154 of the. The learned magistrate, by the impugned order directed the jurisdictional police for investigation and report. The code of criminal procedure commonly called criminal procedure code crpc is the main. Section 162 of code of criminal procedure, 1973 cr. The code of criminal procedure crpc does not define fir, but the information recorded under section 154 crpc is the first information report fir. The urgency of a case of nuisance or apprehended danger is essential to its treatment under section 144 of the code, and the orders to be passed under this section must be of a temporary nature as is shown clearly by sub section 4 of section 144 providing that no order under this section shall remain in force for more than two months from the. State of west bengal, that it is mandatory under section 50a on the part of the police officer to not only inform the friend or relative of the arrested person about his arrest etc.
Though this term is not used in the criminal procedure code however, an information given under sub section 1 of section 154 crpc is commonly known as first information report fir the information given to the police officer for registration of a case must be authentic and bona fide. Page 1 first information report under section 154 cr. Section 154 crpc recording of first information report. Legal provisions of section 162 of code of criminal procedure, 1973 cr. A case under section 154 of the crpc was registered against the punjab. First information report sec 154, crpc 1973 explained. In this case, the supreme court referred to various precedents and summarised the following principles which ought to govern the power of high court under section 482 of crpc, section 482preserves the inherent powers of the high court to prevent an abuse of the process of. The rules regarding this were upheld in the cases of joginder singh vs.
There are in total 4 types of trials covered under crpc criminal procedure code, 1973. Relying on clause c of the 2nd proviso to section 154 1 cr. Section 154 complete act try out our premium member services. Therefore, the police has the power to directly register the fir under section 154 cr. A police officer has no discretionary power towards the recording of fir if the report reveals the commission of a cognisable offence. There is no prescribed format for a complaint but for an fir, the procedure has been provided for in section 154 of crpc. For noncognizable cases the police officer may arrest only after being. Fir first information report section154 crpc its procedure and. Registration of fir is mandatory under section 154 of the crpc if the information discloses commission of a cognisable offence and no. For a better understanding section 154 crpc is extracted below.
Important sections criminal procedure code in hindi section 1 to. Generally sketch maps are drawn by ios on white sheet of paper. When information is given to an officer in charge of a police station of the commission within the limits of such station of a noncognizable offence, he shall enter or cause to be entered the substance. When information is given to an officer in charge of a police station of the commission within the limits of such station of a noncognizable offence, he shall enter or cause to be entered the substance of the information in a book to be kept by such officer in such form as the state. Section 154 and 155 of code of criminal procedure 1973 information in cognizable cases information as to noncognizable cases and investigation of such cases are defined under section 154 and 155 of crpc 1973. Analysis of section 144 of crpc legal service india. If the police officer refuses to lodge an fir because the case does not fall.
Code of criminal procedure 1973 this is how we do study of crpc. Dealing with such a case, which has been hanging fire since 1999, a bench of justices kurian joseph and a. The code allows police officer to record statements of witnesses with a view to facilitating investigation. Quashing of fircriminal proceedings under section 482 of crpc. Download crpc 1973 in english and enjoy it on your iphone, ipad, and ipod touch. Section 2x of the code defines warrantcase as, a case relating to an offence punishable with death. Cognizable and noncognizable offences cognizable offences have been defined in criminal procedure code as follows. Section 154 and 155 of code of criminal procedure 1973 what is information in cognizable cases. Can firs be lodged online, govt asks law panel india news. Every information relating to the commission of a cognizable offence. Section 154 of crpc information in cognizable cases. What is information as to noncognizable cases and investigation of such cases. The offence of cheating under section 420 ipc is a cognizable offence. Subsequently, he filed an application under section 1563 of crpc, requesting the magistrate to direct investigation on the said complaint.
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. Crpc 1973 code of criminal procedure sections, law. Procedure for application under 1563 of crpc before magistrate answered by expert criminal lawyer. Difference between cognizable and non cognizable offences. First information report section 154 crpc explained fir is an abbreviation of first information report and is provided under section 154 of the code of criminal procedure, 1973 and it is the first step to set the criminal law in motion so as to enable the investigating authorities to obtain information about the alleged criminal. First information report section 154 crpc explained. C 154, information in cognizable cases, from the code of criminal procedure, by advocate raman devgan. Criminal procedure code, section 36 criminal procedure code, sections 154 and 1563 criminal offence police not registering fir held. An information given under sub section 1 of section 154 crpc is commonly known as first information report though this term is not used in the criminal procedure code in short crpc. December 16, 2014 information as to noncognizable cases and investigation of such cases. This video covers criminal procedure code important sections.
It is a procedural law laid down by the legislation to provide for the procedures to be followed in case of investigation of crime, apprehension of suspected criminals, collection of evidence, determination of guilt or innocence of the accused person and the determination of. It is the earliest and the first information of a cognizable offence recorded by an officerincharge of a police station. C while noncognizable offences reported under section 155 cr. This section protects the person making statement during police investigation under duress or inducement. An information given under subsec1 of sec 154 of crpc is commonly known as fir. Criminal procedure code, 1973 came in force on 1st april 1974. The respondentapplicant had filed a private complaint in a criminal case. The primary function of filing fir is to record all the minute details and put the case into motion as was held in state of u. Trial before court of session chapter 18 criminal procedure code. A copy of the information as recorded under sub section 1 shall be given forthwith, free of cost. Recording of confessions under section 164 of crpc. Section 1541 in the code of criminal procedure, 1973. What is the procedure for filing an application under section 1563 of criminal procedure code before the magistrate to direct the police to conduct investigation in an offence under section 420 ipc cheating case. For noncognizable cases the police officer may arrest only after being duly authorized by a warrant.
In case of a cognizable offences, the investigation is initiated by the giving of information under section 154 crpc to a police officer in charge of a police station. Section 1541 in the code of criminal procedure, 1973 1 every information relating to the commission of a cognizable offence, if. Registration of fir is mandatory under section 154 of the crpc if the. Diaclara iphone 11 case, full body rugged case with builtin touch sensitive antiscratch screen protector, soft tpu bumper case cover clear designed for iphone 11. First information report fir under crpc law times journal. Section 154 in the code of criminal procedure, 1973 indian kanoon. Crpc section 155 information as to noncognizable cases. C it is argued that the obligation to record such a statement under section 164 cr. Bilaspur police book punjab police constable for violating curfew. Please bargaining application under section 265b of chapter xxia crpc in state case for plea. We have produced the judge of karnataka and madras hc, but as this case is of maharashtra.
What is crpc section 154 code of criminal procedure 1973. Crpc chapter 12 section 154 to 176 by urmila rathi, sulc. Confession or statement under section 164 crpc is not a piece of substantive evidence and its only useas in the case of a first information statement under section 154 of crpc is to contradict or corroborate the maker. Forming an opinion about whether there is a case that can be presented before a magistrate for trial based on the materials collected. It is the earliest and the first information of a cognizable offence recorded by an officerincharge of a. Top 10 landmark judgments on criminal procedure code. There has been no coronavirus case in 325 of the 736 districts in india. Arrested persons rights under crpc law times journal. Police officers power to investigate in a cognizabe offence is given under section 156 crpc. Any person can make a complaint unless it is a marriage or defamation case but in case of an fir anybody who is a victim, a witness or has knowledge of the crime can file one.