Q. What is FIR, give its essentials. Can there be a second FIR?
INTRODUCTION:
An aggrieved person may set the criminal law in motion by making a report U/S 154. The
information so given is called FIR. It is regarding cognizable offence. It is a basis upon which an
investigation is commenced. FIR forms foundation of a criminal case, and its importance is
therefore, paramount in nature.
RELEVANT PROVISION:
154 Cr.P.C.
Definition: “Information given U/S 154 regarding cognizable offence to the police is
called FIR.
OBJECT OF FIR:
(i) To inform the police, about the commission of a cognizable offence.
(ii) To set into motion, the investigation machinery of the police.
WHO MAY LODGE FIR?
Any citizen whether, he has got interest in the matter or not, may lodge a report,
regarding the commission of a cognizable offence, in order to set, the police agency into motion.
ESSENTIALS OF FIR:
(a) Information regarding cognizable offence: It should be an information relating to the
commission of a cognizable offence.
(b) Reduced into writing: If given orally to an office incharge of PS. It should be reduced
into writing by him or under his direction.
(c) Read over to the informant: Having been, thus reduced to writing, it should be read
over to the informant.
(d) Signed by the informant: It should be signed by the informant, giving the information.
(e) Entering of the substance: Its substance should be entered in a book kept by the officer
in charge of the PS in the prescribed form.
SECOND FIR:
Following views are prevalent:
First View Second View Third View
Provisions of S. 154, do Complainant may tender 1999 PCr.LJ 1706
not empower PO to his “Supplementary Recording of second FIR,
register a second FIR. In statement” during depends upon the facts of
respect of same investigation. each case, and the matter
occurrence. 1991 PCr.LJ 247 is to be seen in the
1996 MLD 1490 “A second statement of context of totality of the
“Law never permits twice the first informant is not circumstances and the
FIR to be admitted in FIR. It can at best be allegations made in the
evidence.” treated as a statement U/S second FIR.
161.”
DELAY IN LODGING FIR:
Delay in lodging FIR, creates a suspicion that,
(i) the story narrated therein is the outcome of an after thought.
(ii) the FIR was lodged after due deliberations and consultation.
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Q. Is police entitled to inspect weights and measures? If yes then give procedure. (Sec.
153)
Ans.
INTRODUCTION:
Sec. 153 specifically authorizes an offices in charge of police-station to enter any place,
within the limits of such station for the purpose of inspecting or searching for any weights or
measures.
PROCEDURE U/S 153 CR.P.C.:
Any officer in charge of a police-station may,
• without a warrant,
• enter any place,
• within the limits of such station.
for the purpose of inspecting or searching of any
• weights, measures or instrument of weighing.
Whenever, he has reason to believe that, there are in such place any weights, measures or
instruments for weighing are false.
REPORT TO MAGISTRATE:
After that, he may seize the same, and shall, give information of such seizure to a
Magistrate having jurisdiction.
Conclusion
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Q. Explain investigation into cognizable offence. Explain procedure where officer in
charge sees no sufficient ground for investigation. (Sec 156 to 159)
Ans.
INTRODUCTION:
Where an FIR is made to the police U/S 156 the police is entitled, and duty bound to
investigate into the offence U/S 156. But on the other hand, Sec. 157 Cr.P.C. provides the
manner in which investigation is to be conducted, where the commission of a cognizable offence
is suspected. Section 157 authorizes an officer incharge of a PS to not to investigate, if he
considers that, there is no sufficient ground for such investigation.
RELEVANT PROVISIONS:
156 Investigation into cognizable cases.
157 Procedure where cognizable offence is suspected.
158 Report U/S 157 how submitted.
159 Power to hold investigation of preliminary inquiry.
OBJECT OF INVESTIGATION:
The object of investigation is the collection of evidence, and it is to be noted that the
phrase “Collection of evidence” used in the definition of investigation cannot be confined to such
evidence, which favours only the prosecution.
INVESTIGATION INTO COGNIZABLE CASES U/S 156:
• Any officer-incharge of the PS, may without the order of a Magistrate, investigate any
cognizable case, given U/S 154, and
• No proceeding of a PO in any case, shall at any stage be called in question, on the ground
that, the case is one which such officer was not empowered under this section to
investigate.
• Moreover, any Magistrate empowered U/S 190 may order such an investigation.
Investigation of offence U/S 295C PPC (U/S Investigation against a woman, accused of the
156-A) offence of zina (U/S 156B)
No PO, below the rank of SP shall No PO, below the rank of SP shall investigate.
investigate. Note: The word “zina” does not include the
word “zina-bil-jabr”.
PROCEDURE WHERE COGNIZABLE U/S 157 OFFENCE IS SUSPECTED:
General Rule: If, from information received or otherwise,
• an officer incharge of PS,
• has reason to suspect the commission of an offence, which he is empowered U/S 156 to
investigate.
He shall forthwith send a “report” of the same to a Magistrate, empowered to take cognizance
U/S 190
• and shall proceed
in person, or
shall depute one of his subordinate officers,
not below such rank as the Provincial Govt. may by, general or special order, prescribe, in this
behalf, to proceed, to the spot, to investigate the facts and circumstances of the case, and if
necessary, to take measures for the discovery and arrest of the offender.
EXCEPTIONS:
(i) Where local investigation dispensed with: Where the case is not of serious nature, the
officer incharge of PS, need not to proceed in person or depute a subordinate officer to
make an investigation on the spot.
(ii) Where police officer-in-charge sees no sufficient ground for investigation: If it
appears to the officer-in-charge of a PS that there is no sufficient ground for entering on
an investigation, he shall not investigate the case.
IMPORTANT NOTE:
In the above mentioned exceptions, the officer-in-charge of the PS, shall state in his
report, his reasons for not carrying the investigation, and under the maxim.
“Audi Alteram Partum”
The officer-incharge of PS will also, notify the informant, the fact that he will not
investigate the case or cause it to be investigated.
REPORT U/S 157 HOW SUBMITTED:
Every report sent to a Magistrate U/S 157, shall
• If the Provincial Govt. so directs
• Be submitted through such superior officer of police as the provincial govt. by general or
special order, appoints in that behalf.
Such, superior officer may give, such instructions to the officer-in-charge of the PS as he think
fit, and shall, after recording such instructions on such report, transmit the same, without delay to
the Magistrate.
