CJS 119 Unit-II

Chanderprabhu Jain College of Higher Studies
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E-NOTES
CLASS & SECTION: LLM-1 Semester

SUBJECT CODE: CJS-119
SUBJECT NAME: Crime & Administration of Justice in India
UNIT- 1I
FIR
Meaning
The term ‘First Information Report’ has not been defined in the Code of Criminal Procedure.
Rather the term has not been used except in section 207 which requires the Magistrate to furnish
to the accused a copy of the First Information Report recorded under section 154 (1) of the Code.
The report first recorded by the police relating to the commission of a cognizable case is the First
Information Report giving information on the cognizable crime.
It may be defined as follows:
1. It is a piece of information given to the police officer.
2. The information must relate to a cognizable offence.
3. It is a piece of information reported first in point of time.
4. The victim of the cognizable offence or someone on his/her behalf gives information and
lodges a complaint with the police.
This is the information on the basis of which investigation begins. The FIR must be in writing.
In the State of Rajasthan v. Shiv Singh, the Rajasthan High Court defined a First Information
Report as ‘the statement of the maker of the report at a police station before a police officer
recorded in the manner provided by the provisions of the Code.’
The FIR marks the beginning of the journey of investigation that is to be performed by the police
officers. The police officers, during the process of investigation, look for evidence and possible
witnesses who could testify for the commission of the offence or the offence for which the FIR is
filed. It is essential that the person filing an FIR not give false information with malicious
intentions to hamper justice. An FIR is a fundamental document that initiates legal proceedings
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by providing significant information about the offence committed or the apprehension of the
same. It can be a criminal offence, a public concern, or both. This document plays a major role in
providing direction to police officers as to in which direction they need to proceed with the
investigation. This document is essential for both parties to the case.
A brief overview of all the sections dealing with FIR
Section 2(c) of the CrPC
Section 2(c) of the CrPC defines the cognizable offences for which an FIR can be lodged. These
offences are listed in Schedule I of the Code. These offences fall under this category and are
allowed for filing/lodging an FIR.
Cognizable offences are those for which the police officer is allowed to arrest the accused
without a warrant or magistrate’s permission. These offences are more heinous and serious in
nature. For example, murder, rape, kidnapping, abduction, etc. These crimes have the capability
of harming the peace and harmony of a society. They are mostly public offences. Usually, the
punishment given for cognizable offences is more than 3 years and may extend to life
imprisonment or the death penalty.
Schedule I of the CrPC
Schedule I of the CrPC enlists the offences that are classified as cognizable offences, for
example, murder, robbery, etc. These offences require immediate police attention, and preventive
measures are needed to be taken by them. These offences are generally more severe and graver
in nature and act against the public interest at large.
Section 154(1) of the CrPC
Section 154(1) of the CrPC talks about the procedure for recording an FIR. Cognizable offences
that are reported orally or in writing must be written down by the police officer. They should be
re-read by the officer for the person lodging the FIR and signed by him thereafter. A copy of the
report must be given to the person lodging the FIR, i.e., the informant, free of cost.
This Section lays out a brief outline of the process by which an FIR must be recorded,
documented, and acted upon by the police officer.
Section 154(3) of the CrPC
Section 154(3) of the CrPC talks about the actions to be taken if a police officer denies recording
the FIR. In such cases, the informant can go to the Superintendent of Police (also known as the
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Deputy Commissioner in a Police Department). On satisfaction that the crime committed is

cognizable, he should either investigate the case himself or direct a subordinate to take the
required measures. This Section provides for a remedy or legal recourse that may be taken by the
informant if he feels that his complaint is not being entertained by the police officer.
Object
The main objective of filing F.I.R. is to set the criminal law in motion. And also to enable the
police officer to start the investigation of the crime committed and collect all the possible pieces
of evidence as soon as possible.
The various objects of recording F.I.R. are:
 To inform the District Magistrate and the District Superintendent of Police, who are
responsible for the peace and safety of the district, of the offence, reported at the police
station.
 To make known to the judiciary and judicial officers before whom the case has to be
ultimately tried, about the facts and scenario which came out after the immediate
occurrence of the crime.
 To safeguard and protect the accused against subsequent additions or variations.
Essential Conditions of F.I.R.
In Moni Mohan v. Emperor, it was decided that the essential conditions of F.I.R. are:
 It must be a piece of information.
 It must be in writing. If given in writing, should be reduced into writing by the concerned
police officer.
 The main act or crime should be cognizable in nature, not the ones subsequent to the
main act.
The F.I.R. must be in the nature of complaint or accusation with the object of getting the law in
motion.
Information in Cognizable Cases [S.154]
Since the information received u/s 154 is termed as FIR, it is important to know the provisions
relating to the procedure for recording information in respect of cognizable cases u/s/ 154.
 If the information is given orally to an officer in charge of a police station, it has to be
reduced in writing by the concerned police officer. It should be then read over to the
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informant, and then signed by him. The information thus received has to be recorded in a
book authorised by the state government regarding the same.
 A copy of the information recorded is to be given to the informant, free of cost.
 If the officer in charge refuses to record the information, the person may send such
information, the aggrieved person may send, the substance of such information to the
Superintendent of Police and the Superintendent of Police if satisfied about the
commission of the cognizable offence, shall either investigate the case himself or direct
an investigation to be made by the subordinate police officer. Such police officer shall
exercise all the powers of an officer in charge of the police station in the concerning
offence.
When the information is given by a woman against whom any of the offences under sections 326
– A, 326-B, 354, 354-A to 354-D, 376, 376-A to 376-E or 509 IPC is alleged to have been
committed or attempted, such statement shall be recorded by a woman police officer or any
woman officer.
What Kind of Information is Considered in an F.I.R?
Only information relating to the commission of a cognizable offence can be termed as an FIR. It
is not necessary that the information must set out every detail of the case. It need not state the
name of the accused also. What is necessary is that it must disclose information regarding the
commission of a cognizable offence.
Information received in the following cases is not considered as FIR:
1. Information received after commencement of the investigation.
2. Telephonic information, unless it has been given by a known person who discloses his
identity and the message contains all the necessary facts which constitute an offence and
such a message is reduced to writing by S.H.O.
3. Information of mere assemblage of some persons.
4. Indefinite, Vague and unauthorized information.
Evidentiary Value of F.I.R.
An FIR is not a substantive piece of evidence. That is, it cannot be considered as evidence of
facts stated therein. However, FIR may be used for the following purposes:
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1. It can be used to corroborate an informant witness u/s 157 of Evidence Act. But it cannot
be used to contradict or discredit other witnesses.
2. It can be used to contradict an informant witness u/s 145 of Evidence Act.
3. FIR can be used by the defence to impeach the credit of the maker under sec. 155(3) of
the Evidence Act.
4. A non-confessional FIR given by an accused can be used as an admission against him u/s
21 of Evidence Act.
5. FIR can be used as a dying declaration as substantive evidence If it relates to the cause or
occasion or circumstances and facts which resulted in the informant’s death. within the
meaning of section 32(1) of the Evidence Act.
If the accused himself lodges the FIR, it cannot be used for corroboration or contradiction
because the accused cannot be a prosecution witness, and he would very rarely offer himself to
be a defence witness u/s 315 of the Code.
Delay in Filing FIR
The object of early filing of F.I.R. to the police as soon as possible, in respect of the commission
of the offence is to obtain and receive fresh information regarding the circumstances and facts
which tend to result in the commission of the offence. The FIR shall have better corroborative
value if it is recorded and taken before the informant’s memory fades and before he starts to
forget the facts. Thus, if there is a delay in lodging FIR and the delay is unreasonable and
unexplained, it is likely to create scope for suspicion or introduction of a concocted story by the
prosecution. It is the duty of the prosecution to explain the delay in lodging FIR. If satisfactorily
explained, it does not lose its evidentiary value. However, mere delay in lodging FIR is not fatal
to the prosecution case.
In Raghbir Singh v. The State of Haryana, It was held that going to the hospital due to the
condition of the victim for saving his life instead of going to the police station first was a
reasonable and valid explanation for the delay in filing F.I.R.
Delay in Filing FIR in Case of Rape
In cases of rape and other sexual offences, the case is not only related to the victim but also with
the family of the victim. Many times due to shame and honour they do not contact the police
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immediately. Therefore the courts have consistently ruled that delay in a case of sexual assault
cannot be equated with the case involving other offences.
In Harpal Singh v. State of Himachal Pradesh, It was held that ‘delay of 10 days in lodging
the first information report stands reasonably explained when the prosecution stated that as the
honour of the family was involved, the members needed time to decide whether the matter
should be taken to the court or not.
Relevant Provision qua FIR
1. Under section 157 of the Indian Evidence Act, any former statement relating to the same
fact may be proved. The former statement may be written or oral. The account book of a
witness may also be included. The object of this section is to admit the statements made
at a time when the mind of the witness is still so connected with the event as to make it
reasonably probable that the description given by him is or would be accurate or correct.
2. Section 145 of the Evidence Act provides for one of the matters in which credit of a
witness may be impeached. The object is either to test the memory of the witness or to
contradict him by the previous statement in writing. The statement in FIR made by the
witness can be used for this purpose but a witness can be contradicted only by his own
previous statement and not the statement of any other.
3. Section 8 of the Evidence Act provides the guilty mind begets guilty conduct. Conduct of
any person against whom the offence was committed is always relevant and it is shown in
illustration (j) and (k) of section 8. Conduct here includes the conduct of both i.e. accused
as well as the victim. Conduct of accused which is of non-confessional nature may be
brought within section 8 and it will be admissible also under section 21 of the Evidence
Act.
4. The FIR can also be used for cross-examination of informants and for contradicting him.
But it cannot be used for the purpose of corroborating or contradicting any witness other
than the one lodging the FIR.
Who can lodge an FIR?
An FIR may be filed by any person who either witnessed or has knowledge of the commission of
a cognizable offence. The police officer is under the obligation to file such an FIR for the
cognizable offence. The person against whom an FIR is being filed can be the person who either
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committed an offence, has knowledge of the commission of an offence, witnessed the offence, or
abetted in such an offence. The informant doesn’t need to have first-hand information about the
offence. Even an anonymous notice to the police that contains information about such an offence
can be treated as a formal complaint. The police officer can also lodge an FIR himself if he has
knowledge that a cognizable offence has been committed. In Hallu v. State of MP (1974), it was
held that Section 154 of the CrPC talks about the information that an informant holds relating to
the cognizable offence given to the officer in charge; thus it is not necessary for the informant to
have personal knowledge of such an offence.
Duration for filing an FIR
It has been seen that an FIR should be filed promptly and expeditiously without wasting any
time. However, there might be certain circumstances where some amount of concession must be
given on reasonable grounds. This shall only be allowed in the interest of justice. Judges have to
judiciously decide using their wisdom whether to grant such a concession or not. There is no
fixed duration of time that can be granted to apply the test of reasonableness. It is purely
dependent on the facts and circumstances of the case and the gravity of the offence.
Steps for filing an FIR
The procedure to get an FIR lodged is fairly simple:
1. The moment a cognizable offence is committed or is apprehended, you need to contact
your nearest police station. The FIR must be filed immediately, and there shall be no
delay in filing the FIR. If, for some reason, it gets delayed, then you need to provide
reasonable justification for the delay.
2. The informant has to tell the police officer the exact things and circumstances that he
knew or witnessed. You can describe the incident either orally or in writing. However, it
is the duty of the police officer to reduce it in writing.
3. The report must be read back to the informant and signed by him. Before signing the
report, you must ensure its accuracy. You should sign the report only after it has been
carefully read and verified by you.
4. It is the duty of the police officer to serve you with a free copy of the FIR.
5. The following things must be mentioned in the FIR-
 Name,
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 Address;
 Date, time and location of the incident,
 FIR number,
 Name of the police station,
 Facts of the incident,
 Name and descriptions of the persons involved in the incident,
 Witnesses (if any).
Rights of a person lodging FIR
There are certain rights and protections given to the person who is lodging an FIR in the interest
of justice, and those are:
1. The informant has the right to receive copies of the FIR and related documents as soon as
they are filled out by the police officer in charge, as per Section 154(2).
2. The informant has the right to receive the information in case the police officer does not
conduct an investigation on insufficient grounds. This right is vested with us
under Section 157(2).
3. The police officer must deliver a copy of the report submitted by him for the inquiry by
the magistrate. As per Section 173(2)(i) and (ii), the informant must have knowledge of
the actions taken by the police officer.
4. If the magistrate issues the process, then the informant must be given notice and a fair
chance of getting heard by the magistrate.
Reports and statements that do not amount to FIR
 A report or a statement that is recorded after the commencement of the investigation
under Sections 162 and 163 of the CrPC.
 Information not about the occurrence of a cognizable offence but only a cryptic message
in the form of an appeal for immediate help.
 Information to the Magistrate or police officer is given via phone or any electronic
device.
 Reports were recorded after several days of development of facts and circumstances.
 Information received at the police station prior to the lodging of an FIR.
 Reports not recorded immediately but after questioning of witnesses.
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 Complaint to the Magistrate.

It was held in Damodar v. State of Rajasthan (2011) that if the information was conveyed to
police by telephone and a DO entry was made, it would not constitute an FIR even if the
information disclosed the commission of the cognizable offence. The Supreme Court has given
Directions to be followed in regard to the registration of an FIR. These directions are as follows-
 The registration of an FIR is mandatory under Section 154 of the CrPC. It is mandatory
only under the circumstances where there is the commission of a cognizable offence or
no preliminary inquiry is allowed in such a situation
 A preliminary inquiry can be conducted in cases where it is not clear whether a
cognizable offence was committed or not.
 An FIR must be registered if it is clear from the inquiry conducted that a cognizable
offence was committed.
 If the inquiry is closed with a complaint, then the informant must be informed about it
along with the reasons in writing within 1 week of such closure.
 The officers cannot refuse to register the FIR if a cognizable offence is committed. If any
officer denies, action must be taken against him.
 A preliminary inquiry is conducted just to know if a cognizable offence was committed
or not.
 Cases in which preliminary inquiry is conducted are as follows (the mentioned list is not
exhaustive but is merely illustrations)-
 Matrimonial disputes
 Family disputes
 Commercial offences
 Medical negligence cases
 Corruption cases
 Cases where there’s a delay in the initiation of proceedings
 The preliminary inquiry must be time bound and should not exceed 7 days. The general
diary entry must contain the facts and reasons for the delay.
 The diary in which all the information relating to a cognizable offence is recorded must
reflect the reason for conducting a preliminary inquiry.
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Types of FIR
False FIR
An FIR filed with a malicious intention to spread false information about someone or defame
him. If such information is given to a public official to harm another person, he can be punished
under Section 182 or Section 203 of the Indian Penal Code (1860), as the case may be. Section
177 of the IPC covers the situation where the police officer himself gives incorrect information
even after being aware of the truth.
Second FIR
There has been a lot of debate over the permissibility of a second FIR. It completely depends on
the nature and circumstances of a case. It is permissible even if there are the same facts and
conditions, provided that the formal complaint was decided on insufficient grounds and without
understanding the gravity of the offence. However, it won’t be maintainable if the case was
decided and disposed of on the complete merits and after consideration of facts and
circumstances.
Various courts have laid down different interpretations of the circumstances. They have provided
various tests for it. Tests are given by the courts for figuring out the following:
1. Whether the conspiracies are identical or not?
2. Whether the earlier complaint was disposed off on immaterial grounds or not?
3. Whether an order has been passed without understanding the nature of the complaint or
not.
Zero FIR
A zero FIR can be registered in cases of cognizable offences that require the immediate attention
of the police to act. It can be registered at any police station, irrespective of jurisdiction. The
police officers can act on this without the court’s permission and even before the complaint is
handed over to the relevant jurisdiction. It is typically used for offences like murder and rape.
Zero FIR is meant to help victims of serious offences, especially women and children. It is a
quick and convenient way to lodge a complaint, without having to go from one police station to
another. If an officer disregards the registration of a zero FIR, he may face consequences
under Section 166A of the IPC.
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Cross FIR
When the parties involved in a case file an FIR against each other regarding the same incident, it
is known as a cross FIR.
Multiple FIR
When the aggrieved parties file multiple FIRs for the same cause of action, same incident, and
same persons, it is called a multiple FIR. Filing multiple FIRs is prohibited by the court in the
case of Surender Kaushik v. State of UP (2013). This act jeopardises the inquiry and causes
confusion, and delays justice.
Evidentiary value of FIR
The FIR is not a substantive piece of evidence but can be considered evidence in the following
situations:
1. As per Section 154 of the CrPC, the FIR marks the beginning of the investigation
proceedings, and on the basis of this investigation, the charge sheet is made under Section
173 of the CrPC.
2. Though the FIR is not a substantive piece of evidence, it helps in corroborating the facts
and statements made by the informant and cross-examining him thereafter.
3. As per Section 8 of the Indian Evidence Act (1872), the FIR can be used as proof of the
actions of the informant.
4. As per Section 32(1) of the Indian Evidence Act (1872), if the informant dies and the
statement recorded by the police in the FIR includes the reason for his death or about the
events that might lead to his death, then it can act as substantial proof to validate the
reasons for his death. This acts as a dying declaration, wherein the person testifies about
the circumstances leading to his death.
5. As per Section 145 of the Indian Evidence Act (1872), the FIR may be used to refute the
informant’s testimony. This Section allows the contradiction of witnesses during the
cross-examination.
6. As per Section 157 of the Indian Evidence Act (1872), the FIR may be used in support of
a witness but cannot be used to refute or undermine the testimony of other witnesses.
7. If the accused himself lodges the FIR, it cannot be used for corroboration or contradiction
because the accused cannot be a prosecution witness, and he would very rarely offer
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himself to be a defence witness as per Section 315 of the Code of Criminal Procedure.
Difference Between F.I.R and Complaint
While in common parlance the terms FIR and complaint are often used interchangeably, both
terms have different legal meanings and implications. The primary difference between a
complaint and FIR is that while FIR is lodged with the police, a complaint is made to the
magistrate.
The major points of difference are:
F.I.R COMPLAINT
Complaint is defined u/s 2(d) of the Code as “any allegation

made orally or in writing to a Magistrate, with a view to his
FIR is not defined under the code. taking action under this Code, that some person, whether
known or unknown, has committed an offence, but does not
include a police report.[1]
FIR is lodged with an officer in charge

Complaint is filed with the Magistrate.
of a police station.
FIR relates to information as to the It may relate to the commission of any offence, whether
commission of a cognizable offence. cognizable or non-cognizable.
The magistrate cannot take into The magistrate is empowered u/s 190 of Cr.P.C. to take
cognizance of an offence. cognizance of an offence upon a private complaint.
It is not a substantive piece of evidence. The complaint itself is substantial evidence.
The FIR once lodged with the police In a summons case, a complainant can withdraw a complaint
station cannot be withdrawn by the against all or any of the accused, at any time before a final
informant. order is passed. (Sec. 257)
The informant is not bound to take an

oath before the police officer while The Complainant must take an oath before the Magistrate.
lodging FIR.
The informant would not be liable The complainant is liable for malicious prosecution if the
for malicious prosecution if the complaint is found to be false.
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information furnished by him is found

to be incorrect or false.
Case laws
Sidhartha Vashisht @ Manu Sharma v. State (NCT of Delhi), 2010 (famously known as
Jessica Lal’s murder case)
Facts of the case
In this case, model Jessica Lal was found shot dead in a restaurant in Delhi. Jessica Lal refused
to serve more drinks to the petitioner, as a result of which the petitioner shot her, which led to
her death. Manu Sharma managed to escape from the scene but later on, he was called upon for
the offence he committed. The offence took place at Qutub Colonnade, and there were several
witnesses who testified to the presence of Manu Sharma at the crime scene. The prosecution
relied on the telephonic/wireless message that was received by the Mehrauli Police Station. The
communication was relied on as evidence. Manu Sharma was acquitted in the initial trial, but
later on, the decision was overturned by the Delhi High Court who found him guilty of the
offences. As a result of which he appealed for conviction in the Supreme Court.
Issues involved in the case
Along with the main issue of whether or not Manu was present at the murder scene, there was
one more issue, i.e., the reliability of the wireless message as evidence.
Judgement of the Court
The Supreme Court in this case held that telecommunication or wireless communication, i.e.,
phone calls that are made immediately after the offence, will be eligible to be considered an FIR
only when it is established that they were not vague or cryptic. However, the calls that are made
to police officers to merely get them to the crime scene do not necessarily qualify as an FIR.
Hence, the Supreme Court upheld the decision of the Delhi High Court.
Tehal Singh and Ors. v. State of Punjab, 1978
Facts of the case
In this case, telephonic communication was received by the police officer in charge, and the
court examined the circumstances that are to be considered for such information to be considered
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an FIR under Section 154 of the CrPC. There was a chain of events involved, for which Tehal
Singh was accused of attacking and killing Pirthi Singh. They claimed that they were provoked
by Pirthi Singh, but it was not considered part of the same transaction. Tehal Singh contended
that he and his companions were falsely involved in this case and that whatever he did was in
self-defence.
Issues involved in the case
Whether the telephonic conversation meets the criteria of an FIR or not?
Judgement of the Court
The High Court of Punjab and Haryana held that there are certain conditions that must be met to
consider telephonic communication an FIR. The Court emphasised the fact that the information
given by the informant must be reduced to writing to be considered an FIR as per Section 154 of
the CrPC. Further, an appeal was filed in the Supreme Court. The Supreme Court also confirmed
the decision given by the High Court and dismissed the appeal. The Supreme Court didn’t find
any flaw in the session court’s judgement, which was then confirmed by the High Court.
Procedure of Investigation under CrPC
Meaning and Definition
The term ‘investigation’ has been defined in Section 2(h) of the Code of Criminal procedure,
Investigation includes all the proceedings under this Code for the collection of evidence
conducted by a police officer or by any person (other than a Magistrate) who is authorised by a
Magistrate in this behalf. [1]
The investigation of an offence consists of:

1. Proceeding to the spot.
2. Ascertainment of facts and circumstances of the case.
3. Discovery and arrest of the suspect.
4. Collection of evidence which may include:
o Examination of persons concerned and reducing their statement to writing.
o Search and seizure of places and things respectively considered necessary.
5. Formation of opinion as to whether there is a case for trial, and taking necessary steps
accordingly.
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Cognizable and Non-Cognizable Offence
The cognizable offence has been defined in Section 2(C) of the Code, wherein a Police officer
can arrest without warrant. The offence is of serious nature and is a public wrong, where the
prosecution is done at the discretion of the state. Punishment is given with imprisonment of 3
years or more and with or without fine. Example – Dowry, Rape, Murder, etc.
Non Cognizable offence and case have been defined in Section 2 (l) of the Code, wherein the
police cannot arrest without warrant. The offence is less serious in nature and the prosecution is
done at the initiative of the parties. Punishment may be given not exceeding 3 years of
imprisonment. Example – Assault, Forgery, Defamation, etc.
Information to the Police Officer

Section 154 of the code talks about when information is given as a cognizable offence. The
information must be given by the informant to the officer in charge of a police station in writing
or must be reduced into writing by the officer in charge of the police station. The written
information has to be read over to the informant and be signed by him, which is called “First
Information Report.” When the information is given by a woman against whom any of the
offences under Sections 326-A, 326-B, 354, 354-A to 354-D, 376, 376-A to 376-E or 509 IPC is
alleged to have been committed or attempted, such statement shall be recorded by a woman
police officer.
After the information has been received by the police officer, he shall start his investigation,
provided he has reasons to suspect that a cognizable offence has been committed.
Power of Police to Investigate

Section 156 of the code empowers the officer in charge of a police station to investigate a case in
his territorial jurisdiction without the order of the Magistrate if the offence is cognizable in
nature. The officer may also initiate an investigation on the orders of the Magistrate empowered
under Section 190.
Cases consisting of both Cognizable and Non-Cognizable Offences

According to Section 155(4), when two or more offences are there in a case, of which at least
one is of cognizable nature, and other of non-cognizable nature, then the entire case has to be
dealt as a cognizable case, and the investigating officer will have all the powers and authority as
he has in investigating a cognizable case.
Procedure of Investigation
Section 157 of the Code lays down the procedure of investigation to be followed by the police,
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for collection of evidence. The investigation of a cognizable case begins when a police officer in
charge of a police station has reason to suspect the commission of a cognizable offence on the
basis of FIR or any other information so received. It requires that prompt intimation of the FIR
be sent to the Magistrate. The officer shall then proceed in person to the spot for investigation of
facts and circumstances, or shall depute one of his subordinate officers for the same, and if
required, measures for the discovery and arrest of the person shall be taken.
When the information received by the police officer is not of serious nature, the officer need not
proceed in person or depute some subordinate officer to investigate on the spot. And if no
sufficient ground exists for entering on an investigation, he shall not investigate the case. And
shall state in its report for not complying with the requirements of this section, and notify the
informant that he will not investigate the case or cause it to be investigated.
He shall then send this report to the Magistrate empowered to take cognizance of such offence.
Sending a Report to the Magistrate (Section 158)

A report is sent to the Magistrate which is called the police report. It is sent by the superior
police officer, so as to make the Magistrate aware that a particular case is being investigated by a
police officer. The main objective of sending a report is to enable the Magistrate to control the
investigation and give directions if required under Section 159 of the Code.
The report should be sent to the Magistrate without any delay. In Swati Ram v. State of
Rajasthan, it was held that mere delay in sending the report does not throw away the prosecution
case in its entirety.
At different stages of an investigation, different reports are to be submitted by the police to the
Magistrate. These reports are:
Section 157 of the CrPC requires the officer in charge of the police station to submit a report to
the Magistrate, called a preliminary report.
Section 168 of the CrPC requires a subordinate officer to submit a report to the officer in charge
of the police station.
Section 173 of the CrPC requires that a final report is to be submitted to the Magistrate as after
the investigation gets over.
Order of Investigation by the Magistrate

The Magistrate, under Section 159, has been empowered, if he feels necessary, after receiving
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the report to direct investigation, or to conduct himself or direct a subordinate Magistrate to hold
a preliminary inquiry. And as held by the Supreme Court, the Magistrate has no power to stop
the investigation after it has started.
Attendance of Witnesses
The police officer making the investigation is empowered under Section 160 to require the
attendance of any person as a witness who is acquainted with the facts and circumstances of the
case. The above-mentioned section also provides that no male person or woman who is under the
age of fifteen years shall be required to attend any place other than the one in which the male
person or women resides. The State Government shall make rules for the payment of reasonable
expenses incurred by persons for attending any place other than their residence.
Examination of Witnesses
Any police officer who is in charge of the investigation or any other officer who is acting on the
request of an officer in charge shall and is empowered to examine a witness or person who is
acquainted or aware of the facts and circumstances of the case put before him. Section 161 of the
Code confers powers on police to examine witnesses. The statements of witnesses are important
as they can make a person guilty or innocent. The persons who are being investigated are
expected and bound to answer truly all the questions relating to such cases put before them. They
are not bound to truly answer the questions which would expose them to a criminal charge or any
other charge. After the examination, the police officer making the investigation shall reduce the
number of statements given by the person in the course of the examination. And if done so, he
shall keep a separate record of the same. He is not bound to reduce the statements into writing
but it is preferred that he does so.
Statements to the Police not to be Signed

The statements made by the witnesses during examination need not be signed by him. Neither
should be used at any inquiry or trial. The statements made by the witness can be used in the
court only to contradict him, and not corroborate him. If the witness is brought from the
prosecution side, any part of his statement if proved may be used by the accused and can be used
by the prosecution only with the Court’s permission, to contradict him. That is, statements made
under Section 161 can be used to contradict him.
However, an exception to the above section is: If any statement falls within the provision of
Section 32(1) of the Indian Evidence Act, or if any statement affects the provisions of Section 27
of the Evidence Act.
Recording of Confessions and Statements

Any magistrate whether metropolitan or judicial, if he has jurisdiction or not in the case, is
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empowered under Section 164 to record any statement or confession made to him in the course
of the investigation. But a police officer on whom powers of a magistrate have been conferred
for the time being is not empowered to record the same. The magistrate, before recording the
statement is required to explain it to the person giving the statement that he is not bound to give
it and the statements can be used as evidence against him. The magistrate has to make sure that
the person making the confession is doing it voluntarily. The Magistrate cannot authorize the
detention of that person in police custody if the person refuses to give a statement at any time
before the confession is recorded.
Recording of Confession When Magistrate has no Jurisdiction

A Magistrate who records statements and confession when he does not have the jurisdiction to
do so, he shall forward it to the competent Magistrate who has to inquire into the case or by
whom the trial is to be done.
Admissibility of Evidence
The confession recorded under section 164 can be used as substantive evidence, without being
formally proved. Record of such confession is admissible as evidence. Entire confession must be
brought on record. The Court must carefully weigh it with other evidence. The Court may reject
part of it.. Where the confession was found rejected, the convictions based on them could not be
sustained.
Non-confessional statements recorded under section 164 is not substantive evidence. But if the
maker of the statement is called as a witness in the trial, his earlier statement can be used for
contradicting his testimony in the Court under section 145 and 157 of the Evidence Act.
In Balak Ram v. The State of U.P., it was held that evidence of witness cannot be discarded
merely because their statement was recorded under section 164. Their evidence must be
approached with caution.
Search by Police Officer

A police officer is empowered under Section 165 of the Code to search for any place which he
has reasonable grounds to believe that contains something necessary with respect to the
investigation he is authorized to make.
The grounds for issuing a warrant for search are provided in Section 93(1) of the Code The
search is required to be noted in a diary which is prescribed for this purpose, by the state
government.
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Procedure of Search
A police officer has to record in writing his reasons for the search, the place to be searched and
the thing that has to be searched in that place, after which he proceeds in person. If the police
officer is unable to do the search himself, then he may, in writing, order his subordinate officer to
conduct the search, directing him to the place to be searched and the thing to be searched for.
And the subordinate officer can then conduct the search on the basis of the written order given to
him. The officer should make a record of the search done and send a report of the same to the
nearest Magistrate who can further furnish it to the owner/occupier of the place searched, free of
cost, on application.
When Investigation is to be Done Outside India

When the investigating officer or any of his superior officer has reasons to believe that necessary
evidence may be available in a place or country outside India, any criminal court shall issue a
letter of request to the authority of that country or place requesting to examine orally the person
who is supposed to be aware of the facts and circumstances of the case and direct him to produce
all the requisite documents in his possession relating to the case being investigated and also
require to forward all the documents and evidence to the court issuing such letter. The provision
is given under section 166.
Procedure when Investigation cannot be Completed within 24 Hours

Section 167 deals with the procedure when investigation cannot be completed within 24 hours.
The purpose of this section is to ensure liberal democratic ideology. The object is to protect the
accused from atrocities of the police and to give the opportunity to the Magistrate to decide the
question of further custody, to facilitate the investigation, and no detention without trial. For this
purpose, it has been provided that the accused or arrested person cannot be detained for more
than 24 hours. Section 167 is attracted in the following circumstances:
1. When the accused is arrested without a warrant and is detained by the police officer in
his custody.
2. More than 24 hours needed for an investigation.
3. There are grounds to believe that accusation or information against him is well-
founded.
4. The officer in charge of a police station or the investigating officer not below the rank
of sub-inspector forwards the accused for remand before the Magistrate.
The judicial Magistrate to whom the accused is so forwarded may authorize the detention of such
person in such custody for a term not exceeding 15 days. If the Magistrate does not have the
jurisdiction to try the case and considers further detention unnecessary then the accused shall be
further forwarded to the Magistrate having jurisdiction to try the case.
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The Magistrate shall authorize the detention of the accused (but not in police custody) if he has
reasons and grounds to believe the necessity of doing so. But in any situation, the Magistrate
cannot order detention for a period exceeding:
1. 90 days, when the person is accused of an offence punishable with imprisonment for a
period not less than 10 years of imprisonment for life or death.
2. 60 days, when accused of any other offence. And on the expiry of the period of 60
days or 90 days, whatever the case may be, he shall be released on bail if he is able to
furnish sureties.
This period is to be calculated from the date of detention and not from the date of arrest.
If the Judicial Magistrate is absent, the Executive Magistrate or the Metropolitan Magistrate on
whom the powers of a Judicial Magistrate have been conferred for the time being will act. The
Executive Magistrate shall order for detention for a period not exceeding 7 days. If further
detention is to be made, the accused shall be forwarded to the competent Magistrate.
If the order is given by any Magistrate other than the Chief Judicial Magistrate, he shall forward
a copy of his orders also stating the reasons for making so, to the Chief Judicial Magistrate.
In a Summons Case, if the investigation is not complete within 6 months, the Magistrate is
required to order to stop the investigation unless he has reasons and grounds to believe that
further investigation is necessary for the interest of justice. If the Magistrate has ordered to stop
the investigation and an application is made to the Sessions judge against the order, then the
sessions judge is empowered under Section 167(6) to discard the order given by the Magistrate
under subsection 5, if reasonable grounds exist for doing so.
Procedure to be followed on completion of Investigation (s.169-s.173)

On completion of the investigation, the following procedure is to be followed:
Release of accused when evidence is deficient
When there is not sufficient evidence and reasonable grounds to justify the forwarding of the
accused to the Magistrate, the police officer shall release him on him executing a bond, with or
without sureties, and may direct him to appear before the magistrate when required.
Cases to be sent to Magistrate when evidence sufficient
When the police officer has sufficient evidence and reasonable grounds, he shall forward the
accused to the Magistrate, so that the Magistrate can take cognizance of the offence and try the
accused or commit him for trial. If the offence is bailable, the accused shall be given security and
be released on bail, only to appear before the Magistrate when required, and for his day to day
attendance before the Magistrate.
Diary of proceedings in an investigation (section 172)
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This section relates to the contents of a case diary, which every police officer making an
investigation has to maintain. The object of this section is to enable the Magistrate to know what
was the day to day information by a police officer who was investigating the case. Oral
statements of witnesses should not be recorded in this case diary. This diary may be used at trial
or inquiry, not as evidence, but to assist the court in proceeding with the case.
Report of police on completion of the investigation
Final report of a police officer after the completion of the investigation is to be sent to the
Magistrate under Section 173. This report is generally called a “Chargesheet” or “Challan”.
Where a superior officer has been appointed by the State government, the report shall be sent by
him to the Magistrate. And while the orders of the Magistrate are pending, he shall direct further
investigation to the officer in charge of the police station.
If according to the police officer, a part of the statement in the report submitted by him is not
relevant, he shall request the Magistrate to exclude that part and not consider it. Also, further
investigation can be made even after the submission of the report to the Magistrate.
Power to Summon Persons

This section empowers the police to summon witnesses at the inquest to testify the injuries which
the investigating officer has found on the body of the deceased person. But it is not at all
necessary for him to record the statements of the witnesses or get the inquest report signed by
them. The person examined at an inquest is bound to answer truly all the questions except those
which would be incriminating him. Refusal to answer questions is punishable under Section 179
IPC and deliberately giving a false answer is punishable under Section 193 of IPC. The inquest
report is not substantive evidence but may be used for corroborating the evidence given by the
police officer making the inquest report.
Meaning, Roles and Functions of a Public Prosecutor

A Public Prosecutor is considered as the agent of the state to represent the interest of common
people in the criminal justice system. The prosecution of the accused is the duty of the state but
not individually the duty of the aggrieved party. They are appointed in almost all countries. The
Public Prosecutor is defined in Section 24 of Cr.P.C. They serve as the basic principle of Rule of
Law i.e. auld alteram partem (no person shall be condemned unheard).
Meaning
Section 2(u) of the Code of Criminal Procedure defines Public Prosecutor.
“A person who is appointed under Section 24 of CrPC and it also includes any person who is
acting under the directions of Public Prosecutor.”
Functions
The functions of the Public Prosecutor differ according to their designation.
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 Public Prosecutor- supervise the function exercised by the Additional Public

Prosecutor in Session Court and High Court.
 Chief Prosecutor- supervise the functions exercised by Assistant Public Prosecutor in
Metropolitan Magistrate Court.
 Additional Prosecutor- conduct criminal proceedings in the Session Court.
 Assistant Public Prosecutor- they examine the charge sheet prepared by agencies and
submit the acquittal or discharge. They also are responsible for the evaluation of
evidence and filing revisions petitions. They also conduct the criminal proceedings in
the Court of Metropolitan Magistrate.
 Director of Prosecution- it is the head office. They exercise the overall control and
supervision of officers of Directorate. They also look after the Account Branches.
The objective of establishing a Directorate of Public Prosecutors is to supervise and scrutinise

the functions relating to various prosecution agencies at Assistant Session level and Session level
except at High Court.
Reasons for the Appointment of Public Prosecutor

Whenever any crime is committed against a group or individual, it is assumed that it has been
committed against society. It is the duty of the state to provide justice to any group of society or
person who is affected by the crime. In India, it is necessary that the criminal justice system
should function within the limits of the Indian Constitution, which means that it is necessary for
the Public Prosecutor to act in accordance with the principles of:
 Equality before law
 Protection against double jeopardy
 Protection against self-incrimination
 Protection against ex-post law
 Right to life and personal liberty except procedure established by law
 Presumption of innocence until proven guilty
 Arrest and detention must be in accordance with the provisions of Cr.P.C.
 Equal protection of laws
 Speedy trial
 Prohibition of discrimination
 Right of accused to remain silent
Role of Public Prosecutors

It is divided into two parts:
 In investigating process
 During the trial
Role of the Public Prosecutor in the investigating process

 To make an appearance in the Court and obtain an arrest warrant
 To obtain search warrants for conducting a search in specified premises
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 To obtain police custody remand for interrogation (including custodial interrogation)

of the accused
 To initiate a proceeding for the declaration of the non-traceable offender as the
proclaimed offender
 To record the evidence of accused in the police report regarding the advisability of the
prosecutions
Role of Public Prosecutors at the time of trial
 Sentencing- when the accused is proven guilty, then the defence counsel and the
Public Prosecutor further argue to decide the quantum of punishment. At this stage,
the Public Prosecutor may argue for the adequate punishment keeping in mind the
facts, circumstances of case and gravity of the offence. It helps the judge to arrive at a
judicious decision.
 To conduct a speedy trial- Right to a speedy trial is a fundamental right and it is
impliedly given in Article 21 of Constitution of India which states “Right to life and
Personal Liberty”. The prosecutors have a responsibility to call all the witnesses
whose evidence is essential to decide the case. To cross-examine the witness and to
see that no witness if left unexamined. To produce all the necessary documents.
Other Important Roles
 The Public Prosecutor cannot aggravate the facts of the case or deny to examine the
witness whose evidence may weaken the case. The main aim must be to discover the
truth.
 He should not defend the accused. It is against the fair play of administration of
justice or against the legal profession.
 He represents the State, not police. He is an Officer of State and is appointed by State
Government. He is not a part of any investigating agencies but an independent
authority. He is charged with statutory duties.
 Superintendent of; police or District Magistrate cannot compel to the Public
Prosecutor to withdraw the case.
 If there is an issue which is raised by defence counsel and failed, it should be brought
out in the notice of the court by Public Prosecutor.
 To ensure that justice is done.
Provision Under Cr.P.C
Hierarchy of Public Prosecutor according to Section 24:
 The Public Prosecutor appointed by Central Government

 The Public Prosecutor appointed by State Government
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 Additional Public Prosecutor appointed by State Government.

 Special Public Prosecutor appointed by Central Government
 Special Public Prosecutor appointed by State Government
Section 24 of Cr.P.C talks about the appointment of Public Prosecutors in the District Court and
High Court by the state government and central government respectively.
 Sub-section 3 states that the Public Prosecutor needs to be appointed for each district and
may also appoint Additional Public Prosecutor.
 Subsection 4 states that the District Magistrate in consultation with Session judge needs
to prepare a panel of names which is considered as fit for such an appointment.
 Subsection 5 states that the person can’t be appointed as a Public Prosecutor or

Additional Public Prosecutor by the State Government in a district unless his names are
on the panel prepared under subsection 4.
 Subsection 6 explains that in a case where a state has a local cadre of prosecuting
officers, but there is no suitable person in such cadre for an appointment the appointment
must be made from the panel prepared under subsection 4.
 Subsection 7 states that person can be appointed as Public Prosecutor only after he has
been practised as an advocate for the minimum period of 7 years.
Section 25 of Cr.P.C states that the Assistant Public Prosecutors is appointed in the district for
the purpose of conducting prosecution in Magistrate Court. The court may appoint one or more
Assistant Public Prosecutors for the purpose of conducting a case.
If there are no Assistant Public Prosecutors then District Magistrate may appoint any other
person to act as the Assistant Public Prosecutors.
Section 321 permits the Public Prosecutor or Assistant Public Prosecutor to withdraw from the
case or prosecution with the permission of the court at any time before the judgement is
pronounced. The power of the prosecutor is derived from the statute itself and they must act in
the interest of the administration of justice.
Influence of past police system on the present
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The Indian Police system and structure as presently organized are essentially based on an Act
131 years old, the Police Act of 1861. The working of the police has been analyzed twice at an
All India level within a period of 90 years. First was the Indian Commission of 1902-03 during
the British regime and second was in 1977 by the National Police Commission. They found
police far from efficient, defective in training and organization, lacking in public relations,
welfare measures, machinery for redressal of grievances, etc. and that it was generally regarded
as corrupt and oppressive. Even after independence, we were devoid of a better police
administration system. There is still a requirement for a reorientation of attitude and approach on
the part of the police.
Malimath Committee
Malimath Committee means the committee that was constituted to suggest reforms in the
criminal justice system. In 2000, the government created a panel led by former Chief Justice of
Kerala and Karnataka, Justice V.S. Malimath, to suggest improvements to India's century-old
criminal justice system. The Malimath Committee's principal goal was to investigate the
fundamental foundations of criminal law in order to reestablish public confidence in the criminal
justice system.
According to the Committee, the current system "weighed in favour of the guilty" and "failed to
adequately focus on justice for crime victims." Let us look at the details of the Malimath
committee.
Criminal Justice System In India
 The Criminal Justice System (CJS) refers to the organizations, agencies,

and procedures set up by a government to combat crime. This includes elements such as
the police and the courts.
 The Criminal Justice System's (CJS) goal is to protect rights and personal
liberty and society against outside intrusion.
 It has the authority to impose sanctions on those who break the law.
Background of Criminal Justice In India
 During the British administration in India, criminal laws were codified, and they are
largely unchanged in the twenty-first century.
 Lord Warren Hasting (1774-85) addressed the flaws and injustices in the Muslim
Criminal Justice System that was in place at the time.
 The Indian Penal Code (IPC) is India's official criminal code, developed in 1860 based
on the recommendations of the country's first law commission, founded in 1834 under
the Charter Act of 1833 and chaired by Lord Thomas Babington Macaulay.
 The Code of Criminal Procedure (CrPC) is India's main procedural law governing
the administration of substantive criminal law. It was passed in 1973 and took effect
on April 1, 1974.
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Malimath Committee Recommendations
 The Committee's recommendations are proposed hereafter an examination of national

criminal law systems.
 It recommended a change from the adversarial criminal justice system, in which
the prosecution and defense present facts to a neutral judge with an objective "quest for
truth," and the judicial officer supervises the investigation of offenses.
 The report made recommendations for weakening the existing pre-trial safeguards in
the case of violence perpetrated by an accused in police custody.
 The 90-day period for submitting a charge sheet for an accused released on bail has
been increased.
 In addition, the maximum police remand duration for a person accused of a serious
crime has been increased from 15 days to 30 days.
 The Malimath Committee even recommended the rights of the victim. It describes the
need to reclassify offenses, formulate a witness protection program, and involve the
victim in all the trial stages.
 To make investigations more effective it recommends the setting up of a State Security
Commission, as recommended by the National police commission (NPC) so that police
don’t have to face any political pressure.
 It explained clearly the definition of rape and included all forms of forcible
penetration.
 However, the Committee doesn’t favor the death penalty for rapists and in turn, states
a possible punishment as an alternative i.e. lifetime imprisonment without remission
or commutation.
26

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Chanderprabhu Jain College of Higher Studies

CLASS & SECTION: LLM-1 Semester

Deputy Commissioner in a Police Department). On satisfaction that the crime committed is

 Complaint to the Magistrate.

Complaint is defined u/s 2(d) of the Code as “any allegation

FIR is lodged with an officer in charge

It is not a substantive piece of evidence. The complaint itself is substantial evidence.

The informant is not bound to take an

information furnished by him is found

The investigation of an offence consists of:

Cognizable and Non-Cognizable Offence

Information to the Police Officer

Power of Police to Investigate

Cases consisting of both Cognizable and Non-Cognizable Offences

Sending a Report to the Magistrate (Section 158)

Order of Investigation by the Magistrate

Statements to the Police not to be Signed

Recording of Confessions and Statements

Recording of Confession When Magistrate has no Jurisdiction

Search by Police Officer

When Investigation is to be Done Outside India

Procedure when Investigation cannot be Completed within 24 Hours

Procedure to be followed on completion of Investigation (s.169-s.173)

Power to Summon Persons

Meaning, Roles and Functions of a Public Prosecutor

 Public Prosecutor- supervise the function exercised by the Additional Public

The objective of establishing a Directorate of Public Prosecutors is to supervise and scrutinise

Reasons for the Appointment of Public Prosecutor

Role of Public Prosecutors

Role of the Public Prosecutor in the investigating process

 To obtain police custody remand for interrogation (including custodial interrogation)

Other Important Roles

 The Public Prosecutor appointed by Central Government

 Additional Public Prosecutor appointed by State Government.

 Subsection 5 states that the person can’t be appointed as a Public Prosecutor or

Influence of past police system on the present

Criminal Justice System In India

 The Criminal Justice System (CJS) refers to the organizations, agencies,

Background of Criminal Justice In India

Malimath Committee Recommendations

 The Committee's recommendations are proposed hereafter an examination of national

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