Criminal Procedure Code (CRPC) 1973 1.Short title, extent and commencement.-(1) This Act may be called the Code of Criminal Procedure, 1973. . 1973" for the collection of evidence conducted by a Police officer or by any person (other than a Magistrate) who is authorized by a Magistrate. . There are three different kinds of reports to be made by police officers at three different stages of investigation. By plain reading of S.154 it is unambiguous that when a person is aggrieved by non-registration of FIR by the concerned police officer of a police station, the CrPC provides the aggrieved person a remedy under S.154(3), whereby, he can approach the DCP/Supt. Section 154 Code of Criminal Procedure, 1973. According to Section 156(3) Criminal Procedure Code, any magistrate empowered under section 190 of the Criminal Procedure Code can order a police officer in charge of a police station to investigate cases. the mandate of S. 154 is manifestly clear that if any information disclosing a cognizable offence is laid before an officer in charge of a police station, such police officer has no other option but to register the case on the basis of such information. Such recorded information is usually known as first investigation report or simply F.I.R. Complaint FIR; Provision: Defined by Section 2(d), CrpC: Provided under Section 154, CrPC: Authority: Magistrate: Police officer in charge of a police station: Offence: Non-cognizable . (6) Power to require Subordinate Officer to arrest: - An officer- in- charge of a police station, or any police officer holding investigation under Chapter XII of CrPC, can require any subordinate officer to arrest without a warrant (other than in his presence) any person who may lawfully be arrested without a warrant, and shall deliver to the . 2001 (42) A.C.C. T HE Police officer conducting investigation, is empowered under Section 165 of the Criminal Procedure Code [CrPC] to search any place, within the local limits of the Police Station of which they are in-charge or to which they are attached, where they reasonably believe to find anything necessary for the purpose of investigation being conducted . An FIR has to be filed with the officer in charge of a police station and if it is given orally, it must be written down and read out to the informant. Under Section 154(3) CrPC, if any person is aggrieved by the refusal on the part of the officer in charge of a police station to register an FIR, she can send the complaint to the Superintendent of Police/DCP concerned who, if satisfied that such information discloses the commission of a cognizable offence, will either investigate the case, or . There may also be cases where the law requires you to take a positive action, failing which you may be held liable for the offence We clearly discern divergent judicial opinions of this Court on the main issue: whether under Section 154 CrPC, a police officer is bound to register an FIR when a cognizable offence is made out or he (police officer) . 6. In case of Nirmaljit Singh Hoon v. State of West Bengal and Another; AIR 1972 SC 2639, Chandra Deo Singh v. Prokash Chandra Bose; AIR 1963 SC 1430 and Smt. The word 'police' is normally used as a noun, which has a dictionary meaning: the civil force of a state, responsible for the prevention and detection of crime and . (1) Section 157 requires a preliminary report from the officer in charge of a police station to the Magistrate. Every officer is employed in connection with the affairs of a village and also every person residing in a village. (Section 2(h) of the Criminal Procedure Code). - It may be further mentioned that in view of Section 36 Cr.P.C. 459 delivered by the Hon'ble Supreme Court and treat it as a Complaint Case or ask the Police Officials to investigate the matter. Section 154 of the Code of Criminal Procedure, 1973 states that under cognizable offence, a police officer has to receive a First Information Report (FIR) related to a cognizable offence.. Power of Police officer to Investigate in Cognizable Offences. CrPC Chapter XII; S. 166 When officer in charge of police station may require another to issue search-warrant: Description; An officer in charge of a police station or a police officer not being below the rank of sub-Inspector making an investigation may require an officer in charge of another police station, whether in the same or a different district, to cause a search to be made in any . J A C Saldanha, AIR 1980 SC 326, the Supreme Court held that if the Inspector General (Vigilance) is an officer superior to the officer in charge of the police station he can exercise the powers of that officer throughout the territory to which the superior officer has been appointed, which, in this case is the entire territory of Bihar. Additional Information. For lodging of an FIR u/s 154 of the Criminal Procedure Code, 1973 (hereinafter, CrPC). The Officer in charge also has power for a Medical Examination of a rape victim .. Police is given for a maximum period of 15 days. 'Police' is not defined under the CrPC, but the "officer in charge of a police station" [S.2(o)], police report [S.2(r)] and police station [S.2(s)] have been defined. (1) Every investigation under this Chapter shall be completed without unnecessary delay. When officer in charge of police station may require another to issue search warrant, CrPC, Section 166 in hindi Sunday, 10, Apr, 2022 Police Department has not investigated the matter properly which involved heinous crime against the women': HC directs DCP to file a personal affidavit within 3 weeks [Read order] 173. (1)whenever an officer in charge of police station or a police officer making an investigation has reasonable grounds for believing that anything necessary for the purposes of an investigation into any offence which he is authorised to investigate may be found in any place within the limits of the police station of which he is in charge, or to … . 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 area within the limits of such station would have power to inquire into or try under the provisions of Chapter XIII. On completion of investigation, the IO . . A case can be registered only by satisfying the test of 154 of crpc, being an oral statement reduced in writing and these statements shall be signed by the . If the officer in charge of police station refused to do so the complainant has the remedy under Section 154(3) . Such police officer, if subordinate to the office in charge of a police station . That means there may be some cases where the law requires you to abstain or refrain from performing a particular act. ( 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; and every such information . FIRST INFORMATION REPORT. (A) Superintendent of Police (B) Inspector of Police (C) Thanedar (Officer in charge of Police Station) (D) Any police officer. To ascertain that we can refer to Section 154(3) of CrPC which gives details on what steps can a person do if an FIR is refused to be registered by police: Section 154(3) of CrPC: Any 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-Section (1) may send the . Section 173 in The Code Of Criminal Procedure, 1973. Section 157 of CrPC authorizes an officer in charge of the police station to either proceed himself or to depute one of his subordinate officers to proceed to the spot in order to investigate the facts and circumstances of the case, and, if necessary, to take measures for the discovery and arrest of the accused. Powers of superior officers of police.—Police officers superior in rank to an officer in charge of a police station may exercise the same powers, throughout the local area to which they are appointed, as may be exercised by such officer within the limits of his station.. B.—AID TO THE MAGISTRATES AND THE POLICE 2. Answer (1 of 3): The question is not very clear. (1) Every investigation under this Chapter shall be completed without unnecessary delay. MCQ on CrPC. Further, as per Section 2(o)officer in charge of a police station includes the officer who is present at the police station and is next in rank to the police officer in charge, if he is on leave or is absent. Section 102- Power of police officer to seize certain property. A superior officer may arrest under . In the application made to the Ambala Court under Section 494 CrPC, it was expressly mentioned . Police Report has been interpreted to mean a police report within the meaning of Section 170 . Further, as per Section 2(o)officer in charge of a police station includes the officer who is present at the police station and is next in rank to the police officer in charge, if he is on . He is the Investigating Officer ( IO) of the case. A police officer may arrest without a warrant under Sections 41 (1) to 151 CrPC; under a warrant under Sections 72 to 74 CrPC; under the written order of an officer in charge under Sections 55 and 157; under the orders of a magistrate under Section 44 and in a non-cognizable offence under Section 42 CrPC. ATLANTA - A grand jury has indicted a former Atlanta police officer on charges he raped a woman in her Acworth apartment.. Brief Explanation on F.I.R and comments on Sec- 154 Crpc as per the new Code: As per Crpc, when any information reported to the Police officer/ officer-in-charge of a police station, discloses a . 1. According to section 156 (3) CrPC any magistrate empowered under section 190 Crpc can order a police officer in charge of a police station to investigate any cognizable offence. Nagawwa v. (1) whenever an officer in charge of a police station or a police officer making an investigation has reasonable grounds for believing that anything necessary for the purposes of an investigation into any offence which he is authorized to investigate may be found in any place within the limits of the police station of which he is in charge, or to … . Any police officer may seize any property which may be alleged or suspected to have been stolen, or which may be found under circumstances that create suspicion of the commission of any offence. The heavily redacted case report from the Cherokee County Sheriff's . Section-155(1) This section mentions that, When the officer in charge of a police station receives information of commission of a non-cognizable offense within the limits of such station, 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 prescribed by the State Government . Section 2 (a) of CrPC defines the bailable offence as an "offence which is shown as bailable in the First Schedule, or which is made one by any other law for the law in force in the state. It is the earliest and the first information of a cognizable offence recorded by an officer-in-charge of a police station. (6) Power to require Subordinate Officer to arrest: - An officer- in- charge of a police station, or any police officer holding investigation under Chapter XII of CrPC, can require any subordinate officer to arrest without a warrant (other than in his presence) any person who may lawfully be arrested without a warrant, and shall deliver to the . 1 Criminal Law (Amendment) Act, 2013 Section 161 - Examination of witnesses by police The Code of Criminal Procedure commonly called Criminal Procedure Code (CrPC) is the main legislation on procedure for administration of substantive criminal law in India. Information in cognizable cases .—. The offences are classified in the First Schedule, and several forms are included in the Second Schedules. Bail Bond format under 441 CrPC - Bond of accused and sureties read with 436 CrPC - In what cases bail to be taken, 437 CrPC - When bail may be taken in case of non bailable offence, 438 CrPC - Direction for grant of bail to person 1 (1A) The investigation in relation to rape of a child may be completed within three months from the date on which the information was recorded by the officer in charge of the police station. In H. N. Rishbud v. the State of Delhi; 1955 Cri LJ 526 may by general or special order prescribe in this behalf to proceed to spot and to investigate therein. We Will Write a Custom Essay about (1) the officer-in-charge of the police station under For You For Only $13.90/page! . Criminal Procedure Code 1973 (India) Courts. "officer in charge of a police station" includes, when the officer in charge of the police station is absent from the station-house or unable from illness or other cause to perform his duties, the police officer present at the station-house who is next in rank to such . The Indian Police Service (abbr. The State Government may, by rules made in this behalf, provide for the payment by the police officer of the reasonable expenses of every person, attending under Sub - Section (1) at any place other than his residence. 36. This only increases the importance of the police officer in charge of a police station. Report of police officer on completion of investigation. Any person aggrieved by a refusal on the part of an officer in charge of a police station to record the information . Criminal Procedure Code - CrPC In the case of State of Bihar v. Such police officer, if subordinate to the office in charge of a police station . Section 36 of the Code of Criminal Procedure, 1973 provides that police officer superior in rank to an officer-in-charge of a police station may exercise the same powers, throughout the local area to which they are appointed, as may be exercised by such officer within the limits of his station. The officer-in-charge of a Police Station can start investigation either on information or otherwise (section 157 Cr.P.C. Any police officer without the order of a magistrate can investigate any cognizabe case. Extracts of Section 154 Code of Criminal Procedure is as under: . 2. Section 154 Code of Criminal Procedure, 1973. (2) (i) As soon as it is completed, the officer in charge of the police station shall forward to a Magistrate empowered to take cognizance of . An offence is a transgression of the law, by action or omission. Central Government Act. Department of Internal Security. Along with the Indian Administrative Service (IAS) and the Indian Forest Service, the IPS is one of the . Any police officer may seize any property which may be alleged or suspected to have been stolen, or which may be found under circumstances that create suspicion of the commission of any offence. They shall forthwith communicate to the nearest Magistrate or the officer in charge of the nearest police station whichever nearer. In Prakash Singh Badal v.State of Punjab, 2007(1) RCR (Criminal) 3(SC) case, the Court held that the information lodged with Police disclosing cognizable offence, the officer-in-charge of a Police station is statutorily obliged to register a case. As per Section 154 of CrPC every information relating cognizable offence must be recorded by the Police and copy of FIR should be given to the Complainant. When officer in charge of police station has reason to suspect commission of an offence, he shall forthwith send report to Magistrate and shall proceed in person or shall depute one of his subordinate officers not below such mark as State govt. Any officer of a police station, without the order of the magistrate, shall investigate any cognizable matter in which the court having . charge of Police Station of Court (Section 436, 437, 438 (3) and 441 of Criminal Procedure Code). The section speaks of information relating to the commission of a cognizable offense given to an officer in charge of a police station." . On receipt of an FIR and registering a case, the SHO endorses the case to any sub-inspector of police attached with that police station, for investigation. 154. and seizure of the court and police authorities particularly the power to issue summons or notice by the court or officer in charge of the police station under section 91(1) of CrPc. Section 151 - Arrest to prevent the commission of cognizable offences. IPS; Hindi: भारतीय पुलिस सेवा, ISO: Bhāratīya Pulisa Sēvā) is a central civil service under the All India Services.It replaced the Indian Imperial Police in 1948, a year after India became independent from the British Raj.. ). It sets the criminal law in motion and start the investigation and results in submission of the charge . A police officer knowing of a design to commit any cognizable offence may arrest, without orders from a Magistrate and without a warrant, the person so designing, if it appears to such officer that the commission of the offence cannot be otherwise prevented. (o) " officer in charge of a police station" includes, when the officer in charge of the police station is absent from the station house or unable from illness or other cause to perform his duties, the police officer present at the station- house who is next in rank . 156 states that: 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 area within the limits of such station would have power to inquire into or try under the provisions of . vs. State of Gujarat and Ors. 89 - Which of the following police officers can arrest a person who is suspected of running away from the armed forces of the Union without a warrant? 2. 154. In Badku Joti Savant v State of Mysore, SC stated that even if an officer is invested under any special law with powers analogous to those exercised by a police officer in charge of a police station investigating a cognizable offence, he does not become a police officer under sec.25 Evidence Act, unless he has the power to lodge a report under . . By. ( 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; and every such information . It provides the machinery for the investigation of crime, apprehension of suspected criminals, collection of evidence, determination of guilt or innocence of the . Police officers superior in rank to an officer in charge of a police station may exercise the same powers, throughout the local area to which they are appointed, as may be exercised by such officer within the limits of his station. But if the police officer in charge of the police station has no territorial jurisdiction to investigate into any cognizable case, that absence of power is not shielded by Section 156(2)." Lilade Sitade Pavaiya and Ors. Section 102- Power of police officer to seize certain property. 36. The officer in charge of the police station shall record the information given by the informant. Whereas "non-bailable offence" means any other than the bailable offence. Information in cognizable cases .—. - it may be further mentioned that in view of section 36 cr.p.c. Procedure where cognizable offence suspected. order now (3) A final report of the police officer after the completion of investigation to be sent to the Magistrate under Section 173. Any officer in charge of a police station may, in like manner, arrest or cause to be arrested any person, belonging to one or more of the categories of persons specified in section 109 or section 110." 1.2 Section 42 specifies yet another situation where a police officer can arrest a person. (1) an officer in charge of a police station or a police officer not being below the rank of sub- inspector making an investigation may require an officer in charge of another police station, whether in the same or a different district, to cause a search to be made in any place, in any case in which the former officer might cause such search to … 2. As laid down in Section 156 (3) of Criminal Procedure Code, the Magistrate has the power to order an investigation by the officer in charge of the police station. under section 154 (3) crpc, if any person is aggrieved by the refusal on the part of the officer in charge of a police station to register an fir, she can send the complaint to the superintendent of police/dcp concerned who, if satisfied that such information discloses the commission of a cognizable offence, will either investigate the case, or … This report is commonly called as 'chargesheet' or "challan". This only increases the importance of the police officer in charge of a police station. The discretion rests with the Magistrate to decide whether to proceed as per provisions of Section 200 to 204 CrPC by taking cognizance of the offence as held in Suresh Chandra Jain v. State of Madhya Pradesh and Anr. Section 156 (3) of CrPC states that rules about a police officers power to investigate a cognizable offence. the procedure which needs to be followed under the code by the police officer is provided u/s 157 when an officer in charge has reason to suspect that an offence is committed which he has the power to investigate u/s 156 shall forthwith send a report of the same to the magistrate empowered to take cognizance upon a police report and then proceed … Other features of FIRs: In writing; If orally given, reduced to writing by the police officer if a person is aggrieved that a proper investigation has not been made by the officer-in-charge of the concerned police station, such aggrieved person can approach the superintendent of police or other police officer superior in rank to the officer-in-charge of the police station … 1601. The Criminal Procedure Code of 1973 contains 37 Chapters, 484 Sections, and two Schedules. Chapter 4 - Powers Of Superior Officers Of Police Section 36 A - Powers of superior officers of police. Team @Law Times Journal - February 7, 2022. . — (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 area within the limits of such station would have power to inquire into or try under the provisions of Chapter XIII. Police officer's power to investigate cognizable case. The issue has been dealt in detail by the apex court of this country in case of M.P Sharma and . CrPC 156: Police officer's power to investigate cognizable cases. Refusal to Lodge FIR Under Section 154 of CrPC: Person seeking to register FIR should know that the FIR can only registered for cognizable offences . (1) An officer in charge of a police station or a police officer not being below the rank of sub-inspector making an investigation may require an officer in charge of another police station, whether in the same or a different district, to cause a search to be made in any place, in any case in which the former officer might cause such search to be made, within the limits of his own station. Section 36 of CrPC specifies that officers of police who are superior in rank to police officer in charge of a police station can exercise all the powers of that police officer. It was enacted in 1973 and came into force on 1 April 1974. An investigating officer, an officer-in-charge of a police station can be directed to conduct an investigation in the area under his jurisdiction by the order of a Magistrate under Section 156(3) of the Code who is competent to take cognizance . ANSWER of Police (competent officers) praying for registration of FIR which is mandatory as . Station House Officer or Officer-in-Charge of a Police Station: The officer in charge of the police station is a key person in the investigation . Section 2 - CrPC. Section 91(1) CrPc: An analysis of Constitutional validity. Under Sec.155 of the Criminal Procedure Code (CrPC), if a person gives any information relating to the commission of a non-cognizable offence to the police officer or officer in the charge of the police station within their jurisdiction, he shall enter the substance of the information in a book that has to be maintained by a police officer in . if a person is aggrieved that a proper investigation has not been made by the officer-in-charge of the concerned police station, such aggrieved person can approach the Superintendent of Police or other police officer superior in rank to the officer-in-charge of the police station . when the officer in charge of the police station is absent from the station-house or unable from illness or other cause to perform his duties, the police officer present at the station- . designated by the state govt as a police station. Where power to investigate is give to a person other than police, he shall have all powers of officer- in- charge of a police station to investigate except, power to arrest. An information given under sub-section (1) of Section 154 of CrPC is commonly known as FIR. "officer in charge of a police station" includes, when the officer in charge of the police station is absent from the station-house or unable from illness or other cause to perform his duties, the police officer present at the station . Powers of superior officers of police. CrPC Chapter I; S. 2 : Definitions: Description; In this Code, unless the context otherwise requires; . It should be given to the officer-in-charge of a police station; It should be at the earliest point in time; If the above conditions are satisfied, the information lodged with the police and recorded under Section 154 CrPC can be treated as an FIR. It is germane to point out that in the recent case of Priyanka Srivastava v. State of U.P., (2015) 6 SCC 287 : 2015 Cri LJ 2396 : AIR 2015 SC 1758, the Supreme Court held as under: " 156. . (1) If from information received or otherwise, an officer in charge of a police-station has reason to suspect the commission of an offence which he is empowered under section 156 to investigate, he shall forthwith send a report of the same to a Magistrate, empowered to take cognizance of such . Section 2 (o) in The Code Of Criminal Procedure, 1973. The important functionaries under the Criminal Procedure Code 1973 are - (a) Police, (b) Prosecutor, (c) Defence Counsel and (d) Prison Authorities. 1. Case of M.P Sharma and and the Indian Express < /a > information! //Indiankanoon.Org/Doc/34612629/ '' > Q forthwith communicate to the nearest police station whichever nearer ) the... Came into force on 1 April 1974 M.P Sharma and may be cases. As under: & amp ; Policy: What is an FIR ; means other... Registration of FIR which is mandatory as the officer-in-charge of a police.. 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