Preparation for RJS, DJS, PCS (J) and other Judicial Service exams

CODE OF CRIMINAL PROCEDURE EXPLAINED

The Code of Criminal Procedure forms the bedrock of any and every Judicial Service exam in the country. Its thorough knowledge is a must for all aspirants of RJS, DJS, PCS (J) and every other Judicial Service exam. To help such aspirants DELHI LAW ACADEMY JAIPUR has launched a series of study material modules on all important aspects of this vital part of their syllabus:

CODE OF CRIMINAL PROCEDURE

CHAPTER XII – POLICE INVESTIGATION

Definition of investigation u/s 2(h)

• “investigation” includes
  • all proceedings under this Code for collection of evidence
  • conducted by a police officer or by a person authorised by a Magistrate

Information in cognizable cases: Section 154

• Every information
  • relating to 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
  • shall be read over to the informant
• Every such information
  • whether given in writing or reduced to writing
• shall be signed by the person giving it
• Substance thereof
  • shall be entered in a book to be kept by such officer

Proviso 1: {wef 3.2.2013}

• If information is given by a woman
  • against whom an offence is alleged to have been committed or attempted
  • u/s 326A, 326B
  • u/s 354, 354A, 354B, 354C, 354D
  • u/s 376, 376A, 376B, 376C, 376D, 376E or
  • u/s 509 of IPC
• then such information
  • shall be recorded by a woman police officer or any woman officer

Proviso 2: {wef 3.2.2013}

• When
  • the person against whom an offence is alleged to have been committed or attempted
  • u/s 354, 354A, 354B, 354C, 354D, 376, 376A, 376B, 376C, 376D, 376E or 509 of IPC
  • is mentally or physically disabled
• then such information
  • shall be recorded by a police officer at the residence of the person seeking to report such offence or
  • at a convenient place of such person’s choice
  • in presence of an interpreter or a special educator
• Recording of such information
  • shall be video graphed
• Police officer
  • shall get the statement recorded by a Judicial Magistrate u/s 164(5A)
  • as soon as possible

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Section 154(2)

• A copy of information so recorded
  • shall be given forthwith free of cost to the informant

Section 154(3)

• Any person
  • aggrieved by refusal by officer in charge of a police station to record information
• may send
  • substance of such information in writing and by post to the Superintendent of Police concerned
• who shall
  • if satisfied that such information discloses commission of a cognizable offence
  • either investigate the case himself
  • or direct an investigation to be made by a police officer subordinate to him
• Such officer shall have all powers
  • of an officer in charge of a police station in relation to that offence

EXPLANATORY NOTES BY DELHI LAW ACADEMY JAIPUR ON SECTION 154

What is an FIR?

• The First Information Report is in fact the “information” that is received first in point of time, which is either given in writing or is reduced to writing. It is not the “substance” of it which is to be entered in the diary prescribed by the State Government.

Procedure of registering an FIR:

• Registration of FIR is to be done in a book called FIR book or FIR Register. Of course, in addition, gist of the FIR or substance of the FIR may also be mentioned simultaneously in the General Diary.
• The FIR Book is maintained with its number given on an annual basis. This means that each FIR has a unique annual number given to it.
• Copy of each FIR is sent to the superior officers and to the concerned Judicial Magistrate.
• The signature of the complainant is obtained in the FIR Book as and when the complaint is given to the police station.

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