INFORMATION TO POLICE AND THEIR POWERS OF INVESTIGATION
Every information relating to the commission of a cognizable offense, 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 and every such information whether given in writing or reduced to writing as aforesaid, shall be signed by the person giving in and the substance thereof shall be entered in a book to be kept by such officer in such form as the state government may prescribe in this behalf.
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| SECTION 154 CRPC INFORMATION IN COGNIZABLE CASES |
PROVIDED THAT IF THE INFORMATION IS GIVEN BY THE WOMEN AGAINST WHOM AN OFFENCE UNDER SECTION 326A, SECTION 326B, SECTION 354, SECTION 354B SECTION 376, SECTION 376B SECTION 376C, D, E, OR SECTION509 OF THE INDIAN PANEL CODE 45 OF 1860 IS ALLEGED TO HAVE BEEN COMMITTED OR ATTEMPTED THEN SUCH INFORMATION SHALL BE RECORDED BY A WOMEN POLICE OFFICER ANY WOMEN OFFICER.
PROVIDED FURTHER THAT?
- The recording of such information shall be videographed.
- The police officer shall get the statement of the person recorded by Judicial Magistrate under clause A of sub - section 5A of section 164 as soon possible.
- A copy of the information as recorded under subsection 1 shall be given forthwith free of cost to the informant.
Evidentiary value of FIR / Importance of FIR--
This Section lays down the provision relating to first Information Report FIR . An FIR in not substantive evidence but it has own importance.It can be explained in the following points --
v
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- This FIR in a criminal trial is extremely vital and valuable peice of evidence for the purpose of corroborating the oral evidence adduced at the trial.
- It can be used to corroborate or impeach the testimony of the person lodging it under Section 145.157 and 158 of Evidence ACT 1972. It can also be used under section 32 cl 1 . 8j and 8k of the Evidence ACT.
- It contains information relating to the only cognizable offense. The reports of non cognizable offenses are recorded under section 155 of code.
ZERO FIR?
Whenever an offense is committed in the jurisdiction of one police station but the victim approaches the other police station for the registration of FIR. then the FIR is lodged by the subsequent police station.
ANY TIME OR EVENT FIR-
An FIR lodged before the time of occurrence of an offense is called ante timed FIR. Such an FIR is a false FIR and event managed FIR.
CROSS FIR
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In cases of cross FIR, two FIR' S are generally registered by both the parties independently. In such a case, the Court does not quash any FIR rather it clubs together both the FIRs, upon which the same investigating officer investigates the case. (TT Antonyv, State of Kerala,2001 SC).
DELAY IN FILLING OF AN FIR/
ORDINARILY, Whenever an offense is committed, the law requires that the information is forthwith reduced into writing, Small all and explainable delay is not considered as fatal to the case of prosecution but the court may get suspicious about the role of the informant if there is an unexplained delay in lodging of an FIR.
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