Information to Police (FIR) and Power to Investigate notes — Unit 2

The criminal justice system is usually set in motion by giving information to the police. This is known colloquially as the FIR, although the CrPC does not actually use the exact phrase 'First Information Report'.

⇒Section 154: Information in Cognizable Cases

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, read over to the informant, and signed by the person giving it. The substance shall be entered in a book (General Diary).

• Mandatory Duty: The Supreme Court in Lalita Kumari v. Govt of UP (2014) held that the registration of an FIR is mandatory under Section 154 if the information discloses the commission of a cognizable offence. The police officer has no discretion to refuse.
• Free Copy: A copy of the FIR must be given forthwith, free of cost, to the informant.

What is the legal weight of an FIR in a court of law?

• Not Substantive Evidence: An FIR is NOT substantive evidence. It cannot by itself be used to prove the guilt of the accused.
• Corroboration & Contradiction: Under the Evidence Act, the FIR can only be used to corroborate (support) or contradict the testimony of the person who lodged it, when they take the witness stand.
• Exceptions: An FIR can become substantive evidence if it amounts to a 'Dying Declaration' (Sec 32 of Evidence Act) or if it constitutes part of the 'res gestae' (Sec 6).

⇒Delay in Filing FIR

An FIR should be filed as quickly as possible. Delay creates suspicion of afterthought, fabrication, or tutoring. However, if the delay is satisfactorily explained (e.g., trauma of rape victim, distant police station), it is not fatal to the prosecution's case.

Despite the Lalita Kumari judgement, police often refuse to register FIRs (to keep crime statistics low or due to corruption). The CrPC provides escalating remedies:

• 1. Approach Superintendent of Police (Sec 154(3)): If the SHO refuses, the aggrieved person can send the substance of the information in writing and by post to the SP. If the SP is satisfied a cognizable offence is disclosed, he shall investigate the case himself or direct a subordinate to do so.
• 2. Application to Magistrate (Sec 156(3)): If the SP does nothing, the person can apply to a Judicial Magistrate. The Magistrate has the power to order the police to register the FIR and conduct an investigation.
• 3. File a Private Complaint (Sec 200): The person can file a private complaint directly to the Magistrate, who will examine the complainant and witnesses on oath and proceed with the case without the police.
• 4. Writ Petition: As a last resort, a writ of Mandamus can be filed in the High Court under Article 226.

⇒The Concept of 'Zero FIR'

Normally, an FIR is registered at the police station having territorial jurisdiction over the place of the crime. But what if a victim of a serious crime (like kidnapping or rape) approaches a different police station?

To prevent the police from making the victim run around citing 'lack of jurisdiction', the concept of Zero FIR was created. The police station approached MUST register the FIR, give it a serial number 'Zero' (instead of a regular FIR number), and then transfer it to the police station with actual jurisdiction.

⇒Information in Non-Cognizable Cases (Sec 155)

If a person reports a non-cognizable offence (e.g., someone slapped them), the police will NOT register an FIR. They will make an entry in the diary, give the person an 'NCR' (Non-Cognizable Report), and tell the person to go to the Magistrate.

No police officer shall investigate a non-cognizable case without the order of a Magistrate.

Investigation is the exclusive domain of the police. It includes proceeding to the spot, ascertaining facts, discovering and arresting the offender, collecting evidence (search, seizure), and examining witnesses.

⇒Section 156(1): Unfettered Power

Any officer in charge of a police station may, without the order of a Magistrate, investigate any cognizable case.

The courts have repeatedly held that the judiciary (Magistrates/Courts) cannot interfere with the police's statutory right to investigate a cognizable offence. The courts can only step in if the police abuse their power or act illegally.

⇒Procedure for Investigation (Section 157)

If from information received, the police suspect the commission of a cognizable offence, they shall forthwith send a report to the Magistrate and proceed to the spot to investigate facts and circumstances.

During investigation, the police will summon people acquainted with the facts of the case.

⇒Power to Examine (Sec 161)

The police officer may examine orally any person supposed to be acquainted with the facts. The person is bound to answer truly all questions, except questions the answers to which would have a tendency to expose him to a criminal charge (Protection against self-incrimination - Article 20(3)).

The police officer may reduce these statements into writing. These are called 'Section 161 Statements'.

⇒Evidentiary Value (Section 162)

Statements made to the police during investigation CANNOT be signed by the person making them, and cannot be used for any purpose at any inquiry or trial, EXCEPT to contradict the witness during cross-examination.

Why? Because the law assumes police might use coercion or pressure to record statements, so statements made to police are not trusted as substantive evidence in court.

If an accused confesses to the crime during police custody, what is its value?

⇒Confession to Police (Sections 25 & 26 Evidence Act)

A confession made to a police officer, or while in police custody, is completely inadmissible in evidence. The court will not even look at it. This is to prevent 'third-degree' torture methods by the police to extract confessions.

⇒The Exception: Discovery of Fact (Section 27 Evidence Act)

If the accused in police custody says "I killed him and hid the knife under the banyan tree," the confession of killing is inadmissible. BUT, if the police actually find the knife under the tree based on this statement, the part of the statement leading to the discovery of the knife becomes admissible.

Because confessions to the police are useless in court, if the police have an accused who genuinely wants to confess, they must bring him before a Judicial Magistrate.

⇒Section 164 Procedure

A Judicial Magistrate may record any confession or statement made to him in the course of an investigation.

• Mandatory Warning: The Magistrate MUST warn the accused that they are not bound to make a confession, and if they do, it may be used as evidence against them.
• Voluntariness: The Magistrate must question the accused to ensure the confession is voluntary and not due to police pressure. (Usually, the accused is given time to think in judicial custody, away from police, before recording).
• Format: It must be recorded and signed in a specific manner. A valid 164 confession is highly potent evidence.

⇒Section 164 for Victims (Rape/Sexual Offences)

For sexual offences, the statement of the victim MUST be recorded by a Judicial Magistrate under Section 164 as soon as the crime is brought to the notice of the police. This secures the victim's statement early on.

We know from Section 57 that police cannot hold a person for more than 24 hours. But complex investigations (like murder or terrorism) take weeks. What happens after 24 hours?

⇒The Procedure for Remand

If investigation cannot be completed in 24 hours, the police officer must forward the accused to the nearest Judicial Magistrate, along with the diary of the case, requesting further custody (Remand).

⇒Types of Custody

• Police Custody (PC): The accused remains in the police station lockup. Police can interrogate them anytime. Magistrates grant PC very reluctantly, only when custodial interrogation is strictly necessary.
• Judicial Custody (JC): The accused is sent to the Central/District Jail under the control of the Court. The police cannot interrogate them without the Court's permission.

⇒The 15-Day Rule

A Magistrate can authorize detention of the accused in custody, but Police Custody cannot exceed 15 days in total.

After 15 days, if further detention is needed, it can ONLY be Judicial Custody.

⇒Maximum Limits of Detention

The Magistrate can authorize detention in Judicial Custody up to a maximum of:

• 90 Days: For offences punishable with Death, Life Imprisonment, or imprisonment for not less than 10 years.
• 60 Days: For all other offences.

⇒Default Bail (Compulsive Bail)

This is a fundamental right. If the police fail to complete the investigation and file the charge sheet within the 90 or 60 days, the accused gets an absolute, indefeasible right to be released on bail, regardless of how serious the crime is.

Modern investigation heavily relies on forensics.

• Section 53: Examination of the accused by a medical practitioner at the request of a police officer (using reasonable force if necessary) to collect evidence like blood, semen, swabs, hair.
• Section 53A: Specifically deals with the detailed medical examination of a person accused of rape.
• Section 54: Medical examination of the arrested person at their own request or mandatorily at the time of arrest to check for injuries (safeguard against police torture).

⇒Examination of Rape Victim (Sec 164A)

The victim of a rape or sexual assault must be sent to a registered medical practitioner within 24 hours of receiving information. The doctor must prepare a detailed report (injuries, DNA material) and obtain the consent of the woman.

When a person commits suicide, is killed by an animal/machinery, or dies under suspicious circumstances, a specific procedure applies.

⇒Police Inquest (Section 174)

The police officer must proceed to the spot, investigate in the presence of two or more respectable inhabitants of the neighbourhood, and draw up a report regarding the apparent cause of death, describing wounds and weapons. (This is called the Panchnama).

⇒Magisterial Inquest (Section 176)

An inquiry by a Magistrate is mandatory in certain severe cases to ensure police cover-ups don't happen:

• Death of a person while in police custody.
• Death of a woman within 7 years of her marriage raising suspicion (Dowry Death).
• Cases of alleged rape in police custody.

Every investigation must be completed without unnecessary delay. Once completed, the police submit their final report to the Magistrate.

⇒Types of Final Reports

• 1. Closure Report (B-Summary/C-Summary): Filed when the police conclude there is no sufficient evidence, the complaint is false, or the case is of a civil nature. The accused is released.
• 2. Charge Sheet (Challan): Filed when the police conclude there is sufficient evidence that the accused committed the offence. This document contains the names of parties, nature of information, names of witnesses, and the specific offences identified.

⇒Action by Magistrate

If a charge sheet is filed, the Magistrate takes 'cognizance' of the offence and summons the accused for trial.

If a closure report is filed, the Magistrate is not bound by it. They can accept it, order further investigation (Sec 156(3)), or reject the police report and take cognizance directly based on the materials.

⇒Summary of Master Concepts

• FIR (154): Mandatory for cognizable offences (Lalita Kumari). Not substantive evidence.
• Refusal of FIR: Remedies include SP (154(3)) -> Magistrate (156(3)).
• Statements (161/162): Police statements cannot be signed; only used for contradiction.
• Confessions (164): To Magistrate, must be voluntary. Confession to police is inadmissible.
• Remand (167): Max 15 days Police Custody. Judicial custody up to 60/90 days. Failure to file charge sheet = Default Bail.
• Section 173: The final report (Charge sheet or Closure report) concluding the investigation.

⇒University Exam Tips for this Unit (Premium Advice)

• Evidentiary value of FIR: A very common question. Remember the keywords: 'Corroboration', 'Contradiction', and 'Not substantive evidence'.
• Remand & Default Bail: Examiners love testing the 15-day PC limit and the 60/90-day default bail limits under Section 167(2).
• Section 161 vs 164: Contrast statements to police (worthless in court) versus statements to a Magistrate (highly valuable). Explain why the law creates this distinction.