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Police, Information and Investigation
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Section 129 - Section 153
Actions taken to ensure public peace, public order
Actions are taken by police, executive magistrates, judicial magistrate
Categories: Unlawful assembly, Public Nuisances, Immovable property
disputes, prevent cognizable offences, protection of public property
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Chapter XII - Information to the Police and their powers to
Investigate
1 Cognizable Offence - Section 154
2 Non-Cognizable Offence - Section 155
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Section 154 - Commonly called as FIR
Information relating to the commission of a cognizable offence is given to
Police
if given orally to an officer, then it must be reduced to writing
This information shall be signed by the person giving it
Immediately noting of the information in police records
Copy of the information shall be given, free of cost to the informant
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Refusal to record information by police
If officer in charge of a police station refuses to note down the information
Then submit information in writing to Superintendent of Police
or approach the Magistrate
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Section 155 - Non Cognizable Cases
Information given to officer in charge
about non cognizable offences
information is entered into book
and refer case to Magistrate
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No police officer shall investigate a non cognizable case without
the order of a Magistrate
Police officer in charge of police station can investigate cognizable
case without order of a Magistrate
Where a case relates to two or more than two offences of which at
least one is cognizable, the case shall be deemed to be a cognizable
case
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Police Officer's Power to Require Attendance of Witnesses
(Sec. 160)
Any police officer making an investigation may require attendance of
witnesses
Witnesses within the limits of their own or any adjoining station
Male persons under 15 or above 65 years, women, and mentally or
physically disabled persons to be examined at their residence
Now under BNSS, age is reduced to 60 years and the words - person with
acute illness also added
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Examination of Witnesses by Police (Sec. 161)
Police officer may examine orally any person supposed to be acquainted with
the facts and circumstances of the case
Person examined shall be bound to answer truly all questions
Statements shall be reduced to writing
Writing not to be signed by the person making it
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Statements to Police Not Signed (Sec. 162)
No statement made to a police officer in the course of an investigation shall
be signed by the person making it
Cannot be used as evidence
Can be used at time of witness examination under Evidence Act, for
contradicting the witness
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Recording of Confessions and Statements
Metropolitan Magistrate or Judicial Magistrate
without or with jurisdiction have
Authority to record confessions and statements
Procedure for recording mentioned in Section 164
Safeguards to ensure voluntary nature
Admissibility in court is ensured
Electronic recording of the statement
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Search - Section 165 - 166B
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When investigation cannot be completed in 24 hours (Section
167)
If investigation cannot be completed within 24 hours, accused to be produced
before Magistrate
Magistrate may authorize detention of the accused in custody
Maximum period of detention: 60 days or 90 days in total
Maximum period under police custody: 15 days
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Release of Accused When Evidence Deficient (Sec. 169)
If insufficient evidence or no reasonable ground of suspicion, officer in charge
shall release the accused
Accused shall execute a bond to appear before a Magistrate if required
Case to Be Sent to Magistrate When Evidence Is Sufficient (Sec.
170)
If sufficient evidence or reasonable ground, officer shall forward the accused
under custody to a Magistrate
If the offence is bailable, accused may be released on bail
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Section 172 - Case Diary to be maintained by Police
Section 173 - Police Report to be submitted to Magistrate upon
completion of investigation
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Police to Inquire and Report on Suicide, etc. (Sec. 174)
Police to inquire and report on cases of suicide, unnatural or suspicious
death
Power to send for post mortem of corpse
Report to be sent to District Magistrate or Sub-divisional Magistrate
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Inquiry by Magistrate into Cause of Death (Sec. 176)
Magistrate empowered to hold inquests to hold an inquiry in addition to, or
instead of, the investigation held by the police
Special provisions for custodial deaths, rapes, or disappearances
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BNSS
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Zero FIR Concept
By adding the words "irrespective of the area where the offence is
committed”, the scope is expanded to lodge an FIR
eFIR
Filing FIR through electronic communication and then signed by
person within three days
Preliminary Enquiry as to Prima Facie Case
Police can conduct preliminary inquiry to ascertain whether there exists
a prima facie case and proceed for investigation for the cognizable
offences which are made punishable for three years or more but less 22/23
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than seven years
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Mark in Bare Act of BNSS
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