Scribd
Upload
53 views1 page

Notes FIR

The document outlines the procedures for arresting offenders, emphasizing that a police officer must physically touch or confine the person unless they submit voluntarily. It defines the First Information Report (F.I.R.) as a crucial initial report to the police regarding cognizable offenses and highlights the importance of prompt lodging to ensure authenticity. Additionally, it details the powers of police officers to investigate cognizable cases without a Magistrate's order and the rights of informants regarding the recording of their information.

Uploaded by

Yassar Khan
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
53 views1 page

Notes FIR

The document outlines the procedures for arresting offenders, emphasizing that a police officer must physically touch or confine the person unless they submit voluntarily. It defines the First Information Report (F.I.R.) as a crucial initial report to the police regarding cognizable offenses and highlights the importance of prompt lodging to ensure authenticity. Additionally, it details the powers of police officers to investigate cognizable cases without a Magistrate's order and the rights of informants regarding the recording of their information.

Uploaded by

Yassar Khan
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

himself arrest or order any person to arrest the offender, and may thereupon, subject to the

provisions herein contained as to bail, commit the offender to custody. (2) Any Magistrate whether
Executive or Judicial, may at any time arrest. or direct the arrest, in his presence. Arrest how
Made? According to S. 46 (1), in making an arrest the police officer or other person making the
same shall actually. touch or confine the body of the person to, be arrested, unless there be a
submission to the custody by word or action. (2) If such person forcibly resists the endeavor to
arrest him, or attempts to evade the arrest. (3) Nothing in this section gives a right to cause the
death of a person who is not accused of an offence punishable with death or with imprisonment for
life.--------FIRST INFORMATION REPORT - F.I.R. has no where been defined under Cr.P.C. It may,
however, be defined as under;1. It is an information which is given to the police officer; 2.
Information must relate to a cognizable offence; 3. It is an information first in point of time; 4. It is
on the basis of this information the investigation into the offence commences.-----Where F.I.R. is
Lodged?- information of offence committed given to police station having territorial jurisdiction
where offence committed. But this does not mean that it can’t lodged elsewhere. Object of FIR : 1-
prompt lodging, obtain early information of circumstances, crime committed. 2-Delay results in
embellishment and the report gets bereft of the advantage of spontaneity. 3-There is also danger
of introduction of a coloured version, exaggerated account of concocted story as a result of
deliberation and consultation. 4-Where F.I.R. was found to have been written after inquest report
was prepared it was held to have lost its authenticity. 5-Where oral complaint disclosing
commission of a cognizable offence has been made Golla Jalla Reddy Vs. State of A.P., (1996) Cr.
L.J.---2470 (SC).---Information in Cognizable Cases–Acc. S. 154(1)----1- Every information relating
to the commission of a cognizable offence, shall be entered in a book and kept in such form as
State Government has prescribed. 2- copy of information as recorded U/Sub-Sec. 1, shall be given
forthwith, free of cost, to informant. 3- person aggrieved by a refusal on the part of an officer-in-
charge of a police station- to record the information referred to in Sub-Sec. (1)--- Power to
Investigate Cognizable Case - S.156-- 1- any officer-in-charge of a police station may, without the order of a
Magistrate, investigate any cognizable case which a Court having jurisdiction over the local under the
provisions of Chapter XIII. 2- No proceeding of a police officer in any such case shall at any stage be called in
question on the ground 3- Any Magistrate empowered U/S. 190 may order such an investigation as above
mentioned.

You might also like