Information to the Police and Their Powers

information-to-the-police

SECTION 154:- INFORMATION IN COGNIZABLE CASES (FIR)

  1. Information relating to commission of cognizable offence if given really orally to SHO shall be reduced to writing by him or under his direction and be read over to the information & signed by the informant and substance shall be entered in book to be kept by such officer in such form as State govt. may prescribe. (If person refuses to sign FIR then it is offence U/S 180 IPC). Amendment in 2013. If offence is committed against woman U/S 326A, 326B, 354A, to 376, 376A-E or 509 IPC. Then such information shall be recorded by woman police officer or any woman officer.
  2. When person against whom offence U/S 354, 354A to D, 376, 376A-E, 509 IPC is alleged to have been committed or attempted is temporarily or permanently mentally or physically disabled then such information shall be recorded by police officer at residence of the informant or at other convenient place of his choice, in presence of an interpreter or special educator.
  3. Recording of such information shall be video grouped.
  4. Police officer shall get statement of person recorded by Judicial Magistrate U/S 164 (5A) (A) as soon as possible. (These statements are like examination in chief).
  5. Copy of FIR shall be given forthwith and free of cost to informant.
  6. Any person aggrieved by refusal to record FIR by SHO may send substance of such information of superintendent of police in writing and by post. And if he satisfies that such information discloses commission of cognizable offence shall investigate himself or may direct police officer subordinate to him and such officer shall have all the powers of SHO during investigation.

(R.W. S.36)

CASE: Sunil V. state 2003 -> FIR can be lodged on telephone.

Lalita Kumail V. state of UP 2013 S.C. -> FIR can’t be lodged on telephone   as provision of S.154 cannot be commuted on phone.

Zero FIR -> FIR lodged in police station not having local jurisdiction.

SECTION 155:- INVESTIGATION AS TO NON-COGNIZABLE CASES AND INVESTIGATION OF SUCH CASES.

  1. When information is given to a police officer in charge of police station regarding commission of non-cognizable offence within limits of such station, he shall enter the substance of information in book be kept by such officer in form as State govt. may prescribe and refer the information to the Magistrate. (S.200 R.W. S.190).
  2. Investigation shall be done only with order of Magistrate in non-cognizable case.
  3. Police officer receiving such order may exercise same powers in respect of investigation (except power to arrest without warrant) as SHO may exercise in cognizable case.
  4. In case two or more offence of which at least one is cognizable the whole case shall be deemed to be cognizable case.

SECTION 156:- POLICE OFFICER’S POWER TO INVESTIGATE COGNIZABLE CASE.

  1. SHO may investigate any cognizable case without order of Magistrate.
  2. No proceedings of police officer in any such case shall at any stage be called in question on ground that the case was one which such officer was not empowered to investigate.
  3. Magistrate empowered U/S 190 may also order such an investigation (normally Magistrate orders investigation in 156 (3) in cases of complaint). (Affidavit is required to be submitted in compliance of 156(3) in cognizable offence).

SECTION 157:- PROCEDURE FOR INVESTIGATION.

  1. 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. may by general or special order prescribe in this behalf to proceed to spot and to investigate therein.
  2. Provided when such information is given against any person by name and nature of case is not serious then there is no need for SHO to proceed in person or depute subordinate officer to make an investigation.
  3. If it appears to SHO that no sufficient ground exists for entering on investigation, he shall not investigate the case.
  4. In offence of rape, recording of statement shall be conducted at residence of victim or at place of her choice and as far as possible recorded by woman police officer in presence of her parents or guardian or near relatives or social worker of locality.
  5. If SHO or investigating officer decides that not to do investigation, then such information will be notified forthwith to informant.

SECTION 158:- REPORT HOW SUBMITTED.

Report sent to Magistrate U/S. 157, If State govt. directs by general or special        order be submitted through such superior officer of police.

SECTION 159:- POWER TO HOLD IN INVESTIGATION OR PRELIMINARY ENQUIRY.

Power of Magistrate to hold investigation etc. after receiving reports U/S. 157.

  1. Direct in investigation.
  2. Direct to hold a preliminary inquiry.
  3. To dispose case otherwise.
  4. To depute any Magistrate subordinate to him to proceed.

CASE:- Shakiri Basu V. State of UP 2007 S.C.

Generally Magistrate does not carry in investigation but when police officer doesn’t carry then Magistrate will carry.

CBI V. Daud Ibrahim 2009 S.C.

Same finding of Shakiri Basu V St. of UP.

SECTION 160:- POLICE OFFICER’S POWER TO ENQUIRE ATTENDANCE OF WITNESS.

Police officer may by order in writing require the attendance of any person being within limits of his own or adjoining station, before himself who appears to be acquainted with facts and circumstances of the case.

Lend of 2013:- Provided person under the age of 15 years, woman, male above the age of 65 years or mentally or physically disabled person shall not be required to attend at any place other than the place in which such male person or woman resides.

Kamal Nath V. St of Tamil-nadu 2005 S.C.

Women can be called in police station for giving evidence if she does not have any place of residence.

SECTION 161:- EXAMINATION OF WITNESS BY POLICE.

  1. Police officer or investigating officer may examine orally any person supposed to be acquainted with the facts and circumstances of the case.
  2. Such person shall be bound to answer freely all questions relating to such case other than questions which would expose him to criminal charge or to penalty forfeiture.
  3. Separate record of each witness will be prepared.
  4. The statement may also be recorder by audio, video or any other electric means.
  5. Statement of woman against whom offence have been committed u/s 354, 354A to D, 376, 376A to E or 509 IPC shall be recorded by woman police officer or any woman officer.

Case: Baldev Singh vs. State of Punjab 1991 SC

Statements recorded under this section are corroborative evidence and can be used in contradiction. But conviction can’t be done only relying on the statements recorded u/s 161.

SECTION 162: STATEMENTS TO POLICE NOT TO BE SIGNED. USE OF STATEMENTS IN EVIDENCE.

  1. Normally, statements recorded by witness before police officer u/s 161 are not signed by witness.
  2. Exception: Statements that are necessarily required to be signed by witness.
  3. Statements (Dying declaration) U/S. 32(1) od IBA, 1872
  4. Statements affecting the provision of Section 27 of IEA, 1872.
  5. When any witness is called for the prosecution in inquiry or trial, whose statements are reduced in writing, if duty proved, may be used by the accused with the permission of the court by the prosecution to contradict such witness in the manner provided by S.145 of IEA, 1872

SECTION 163:- NO INDUCEMENT TO BE OFFERED

Police officer or other person in authority neither shall offer or make, any such inducement, threat or promise and nor shall prevent any person from making any statement which he may be disposed to make of his own force will during investigation.

SECTION 164:- RECORDING OF CONFESSION AND STATEMENTS.(Cr. General rule. 22)

  1. Any JM or MM may whether having jurisdiction or not may record statement or confession made to him in course of investigation before common cement of inquiry or trial.
  2. Confession or statement may also be recorded by audio-video electronic means in presence of advocate of accused.
  3. Provided confession shall not be recorded by Police officer on whom power of Magistrate has been conveyed.
  4. MM or JM, before recording confession shall explain to the person making it, that he is not bound to make confession and if he does the same can be used against him.
  5. Magistrate shall not record such confession unless he has reason to believe that it is being made voluntarily. (For confession compliance of PR. 4&5 is necessary i.e. 164(2) while in statements the same is not necessary).
  1. If at any time before recording of confession, the person states that he is not willing to make the confession when Magistrate shall not authorize detention of such person in police custody.
  2. Manner of confession:- Provided in S.281 for recording examination of accused person & shall be signed by the person making confession & Magistrate shall make memorandum at foot of such record and shall sign thereafter.
  3. Statements other than confession will be taken on oath.

SECTION (5A) ->Amend of 2013.

JM shall record statement of the person against whom offence U/S. B54, B54A to D 376, 376A to E OR 509 IPC in the same manner mentioned above.

Assistance of interpreter or special educator shall be taken by Magistrate if such person is temporarily or permanently, mentally or physically disabled and the same shall be video graphed. These statements are considered as statement in tier of examination in chief and can be cross-examined without need for recording at time of trial.

SECTION 164A:- MEDICAL EXAMINATION OF THE VICTIM OF RAPE.

  1. It is proposed.
    • Women who are victim of rape to be examined by a medical expert.
    • Such examination shall be conducted by registered medical practitioner employed in the hospital run by govt. or by the local authority.
    • In absence of above mentioned medical practitioner, by any other registered medical practitioner with consent of such woman or person competent to give consent on her behalf. Will be sent to registered Medical practitioner within 24 hours of receiving information relating to commission of such offence.
  1. Registered Medical practitioner shall examine her without delay and prepare a report containing following particulars.
    • Name and address of woman and of the person by whom she was brought.
    • Age of woman.
    • Description of material taken from the person of the woman for DNA profiling.
    • Marks of injury.
    • The mental condition of the woman.
    • Other material particulars.
  1. The report shall state precisely the reasons for each conclusion arrived at.
  2. The report shall state about consent obtained.
  3. The exact time of commencement & completion of the examination.
  4. Registered Medical practitioner shall forward report to I.O. shall forward Magistrate referred in S.173. as part of documents.

SECTION 165:- SEARCH BY POLICE OFFICER.

Office in charge of the police station or police officer making investigation may search any place within limits of his police station, where he has reasonable grounds to believe that anything necessary for purpose of such investigation can be found there and that such thing cannot otherwise be obtained without delay and he can also depute any officer subordinate to him by making order in writing specifying the place to be searched.

Provision of Section 100 (Search of closed place) shall apply to this section also.

Copies of record shall be sent to the nearest Magistrate powered or taking cognizable of offence & owner or occupier of the place shall be furnished free of cost on application.

(165 to 66B-> each during investigation)

SECTION 166:- EHEN OFFICER INCHARGE OF POLICE STATION MAY REQUIRE ANOTHER TO ISSUE TO SEARCH WARRANT.

  1. Search to be done in jurisdiction of another police station whether in same district or another district.
  2. A registration will be sent by SHO or police officer, not below rank of Sub-inspector to police station in whose jurisdiction search is required to be carried, to carry search.
  3. Such officer (SHO) shall proceed according to provisions of Section 165 and shall forward the thing found to the officer at whose request search was made.
  4. When there is reason to believe that delay occasioned by requiring an SHO of another police station and such delay might result in concealment or destroying of such evidence then SHO or IO can search any place in the limits of another police station.
  5. Then after notice of search will be sent to the SHO in whose limits searched place was situated along with the list prepared U/S. 100 & shall send to nearest Magistrate.

SECTION 166 A:- LETTER OF REQUEST TO COMPETENT AUTHORITY FOR INVESTIGATION IN A COUNTRY OR PLACE OUTSIDE INDIA.

  (Investigation-> In India)

  (Search-> Outside India)

  1. Letter of the request shall be transmitted in such manner as central govt. may specify to court or authority in that country by Criminal court on application of IO or any officer superior in rank to IO.
  2. Court or authority outside India will proceed and forthwith send documents or things found during search to the court who issued letter request.

SECTION 166 B:- LETTER OF REQUEST FROM COUNTRY OR PLACE OUTSIDE INDIA TO A COURT OR AN AUTHORITY FOR INVESTIGATION IN INDIA.

(Investigation-> Outside India)

(Search-> Within India)

  1. On receiving letter of request from Court or an authority from outside India for carrying search at place in India C.A.
  2. May forward the same to CMM or CMJ or such MM or JM for issuing summon.
  3. Send letter to any police officer for investigation in the same way as if offence had been committed within India.
  4. All evidence taken shall be forwarded by the Magistrate or the police officer to the central govt. for transmission to the count or the authority issuing letter of request in such manner as Central govt. decent.

SECTION 167:- PROCEDURE WHEN INVESTIGATION CANNOT BE COMPLETED IN 24 HOURS. (When the purpose is of JC and PC)

  1. Whenever person is detained in custody and it appears that investigation cannot be completed within 24 hours, police officer making investigation shall forthwith transmit to nearest Judicial Magistrate a copy of entries in diary & shall also forward accused to Magistrate.
  2. When such application comes to JC and PC, Magistrate can give JC time to time for not exceeding 15 days. (at a time)
  3. Every time when PC is given accused is to be present in person but Magistrate may extend further detention in judicial custody on the production of accused either in person or through medium of electronic video linkage.

Presently circular of HC-> if video conferencing mode is not available and accused can’t be present personally then Magistrate will himself go to take remand.

Raj Kumar VS. The state of Punjab.

Period of 60 & 90 days will commence when he is presented before Magistrate.

(Article 36 of const.)

SECTION-9 of General clauses Act 1897-> First day will be excluded while counting 60 & 90 days. Computation will commence from 2nd day.    

->Statement U/S. 167 will be written or typed by Magistrate himself.

-> Statements U/S. 313 are also recorded by Magistrate itself.

  1. The magistrate may authorize detention beyond 15 days but Magistrate shall not authorize detention for a total period exceeding:-
  2. Where investigation relates to offence punishable with death or imprisonment for a term not less than 10 years-> 90 days.
  3. Where investigation relates to other offence-> 60 days.

And on expiry of the above mentioned period than accused has right of getting released on bail.

CASE:

UOI VS Nirala yadav 2014 S.C.

Right of bail does not defeat to accused, once appeal is filled and no matter when charge sheet is filled.

CBI VS. Anupam J Kulkani 1992 S.C.

In 15 days from arrest accused can be sent from PC to JC & JC to PC but after completion of 15 days PC can’t be given. That means PC is given only in 1st 15 days.

  1. When JM or MM is not available than EM can give PC and JC for 7 days.
  2. 2nd class JM shall authorize detention in police custody only when specially empowered in this behalf.
  3. In any case triable by Magistrate as summon case, investigation is not completed with 6 months from arrest then Magistrate shall make order stopping investigation unless officer making investigation satisfies Magistrate that for special reasons & in the interest of justice, continuation of investigation beyond 6 months is necessary.
  4. When Magistrate orders for stopping investigation, Session judge on receiving appeal can vacate such order and can direct for future investigation.

SECTION 168:- REPORT OF INVESTIGATION BY SUBORDINATE POLICE OFFICER.

The subordinate police officer who made the investigation shall report the result of such investigation to the officer in charge of the police station.

SECTION 169:- RELEASE OF ACCUSED WHEN EVIDENCE DEFICIENT.

If on investigation it appears to SHO that there is not sufficient evidence or reasonable ground of suspicion to justify forwarding of accused to Magistrate then

  • If such person is in custody -> will be released on executing a bond with or without sweeties.
  • And if such person is in JC-> Then he will be released on order of court (practically).

SECTION 170:- CASES TO BE SENT TO MAGISTRATE WHEN EVIDENCE IS SUFFICIENT.

  1. If upon investigation it appears to SHO that there is sufficient evidence or reasonable ground then such officer shall forward accused to Magistrate and if the offence is bailable then he shall take security from his appearance and get him released. And then it is not necessary to present accused before Magistrate.
  2. If presented before Magistrate then Magistrate can also release accused on executing bond.
  3. If complainant and witnesses who are acquainted with facts & circumstances of the case, Then Magistrate can also require them to execute bod for giving evidence in favour of prosecution.
  4. The officer shall send the bond to Magistrate with his report. 

SECTION 171:- COMPLAINANT & WITNESSES NOT TO BE REQUIRED TO ACCOMPANY POLICE OFFICER AND NOT TO BE SUBJECTED TO RESTRAINT.

No complainant or witnesses on his way to any court shall be required to accompany police officer or shall be subjected to necessary restraint or inconvenience or required to give any security for his appearance other than his own band.

Provided that when complainant or witnesses refuses to execute bond as directed in S. 170, SHO may forward him in custody to Magistrate who may detain him in custody until he executes such bond. 

SECTION 172:- DIARY OF PROCEEDINGS IN INVESTIGATION.

  1. Every police officer shall day by day enter his proceedings in diary.
  2. Contents to be written by a police officer in the diary.
  3. Time at which information reached him.
  4. Time at which he began and closed his investigation.
  5. Place or places visited by him.
  6. Statement of circumstances ascertained through his investigation.
  7. Statement of witnesses recorded during investigation U/S. 161 (2008 amend) Diary shall be volume and duty paginated.
  8. Use of police diary in court. Normally these are not used as evidence but are helpful to the court in inquiry or trial.
  1. Neither the accused nor his agents shall be entitled to call for such diaries but if they are used by the police officer who made them to refresh his memory or if court uses for the purpose of conducting such police officer provisions of S. 161 or 145 of IEA, 1872 shall apply.

SECTION 173:- REPORT OF POLICE OFFICER ON COMPLETION OF INVESTIGATION.

  1. The investigation shall be completed without unnecessary delay.
  2. On completion of the investigation, SHO will forthwith send the report to Magistrate.
  3. Investigation in relation to rape of child may be completed within 3 months from the date of recording information by SHO.
  4. Police report shall state:
    • Names of parties.
    • Name of information.
    • Names of person who appear to be acquainted with the circumstances of the case.
    • Whether any offence appears to have been committed and by whom.
    • Whether accused has been arrested.
    • Whether he has been released on bond with or without sweeties.
    • Whether he has been forwarded in custody U/S. 170.
    • Whether report of medical examination of woman has been attached wherein investigation relates to offence U/S. 376, 376A to E IPC, 1860.
  1. After completing investigation, Communication will be given to person who lodged FIR and the same will be given by SHO or IO.
  2. Police report U/S. 173(2) be sent in 173(2) shall be sent (submitted) through superior police officer as the State govt. by general or special order directs and such superior police officer may direct officer in charge of police station to make further investigation.
  3. When accused is released on bond U/S. 169, Magistrate shall make such order for discharge of bond or otherwise as he thinks FIR. CASE: Abhinandan VS. Dinesh Mishra 1986 S.C. When F.I.R is sent by police officer to Magistrate then Magistrate will either accept it or will order for further investigation.
  1. When report relates with S. 170 CRPC, the Police officer shall forward Magistrate along with report-
  2. All documents or relevant extracts on which prosecution relies other than those already sent.
  3. Statement of witnesses recorded U/S. 161.
  4. The police officer shall indicate part of statement that is not relevant to subject matter or whose disclosure to accused is not essential in the interest of justice and is inexpedient in the public interest and also append a note requesting along with reasons to Magistrate to exclude that part from copies to be granted to accused.
    • O. may furnish to the accused copies of the document referred in subject S.(5).
    • O. can continue proceedings even after submitting police report & where further evidence are obtained by a police officer against accused during an investigation, he shall forward the further report to Magistrate and on such report also provisions of S.173(1) to S.173(7) shall apply.

SECTION 174:- POLICE TO ENQUIRE AND REPORT ON SUICIDE ETC.

  1. When SHO or some other police officer receives information regarding below mentioned matter, then he shall immediately give intimation to nearest Executive Magistrate empowered to hold inquest. Such matters are:
    • The person has committed suicide; or
    • Has been killed by other people; or
    • Has been killed by animal; or
    • Has been killed by machinery; or
    • By an accident; or
    • Has died under circumstances raising a reasonable suspicion that some other person has committed an offence.
  1. After giving intimation to Magistrate, he shall proceed to the place for making investigation & shall make report of apparent cause of death.
  2. Report shall be signed by such police officer, other person or by so many of them as concur therein and shall forthwith forward to DM or SDM.
  3. The police officer in below-mentioned situations shall forward body to nearest Civil surgeon for examination or other qualified medical man appointed by State govt.

Situations are:

  1. The case involves suicide by a woman within 7 years of her marriage; or
  2. The case relates to death of a woman within 7 years of her marriage in any circumstances raising reasonable that some other person committed to offence in relation to such a woman.

Case relates to death of woman within 7 years of her marriage and any relative of woman has made request in his behalf.

  1. There is doubt regarding the cause of death.
  2. A police officer for any other reason considers it expedient to do so.
  3. Magistrates empowered to hold inquest-> DM, SDM and EM. 

SECTION 175:- POWER TO SUMMON PERSONS.

He shall forward the bond to the court.

Section 72:- Warrants to whom directed.

It shall be directed.

  • Generally to one or more police officers
  • If immediate execution is necessary and no police officer is available, to any other person or person

For the execution of such warrant.

Section 73:- Warrant may be directed to any person.

  1. CMJ or JM 1st class may direct a warrant to any private person within his local jurisdiction for the arrest of an escaped convict, proclaimed offender or of any person who is accused of a non-bailable offence & evading arrest.
  2. If shall be given to such private person, if there is a reasonable reason that person will enter such land against whom warrant is issued, then to owner of such premises. i.e., the private person will be the owner of such premises.

Section 74:- Warrant directed to the police officer.

Generally directed to SHO and he may endorse such warrant for execution to any other police officer.

Section 75:- Notification of substance of warrant.

The police officer or other person executing a warrant of arrest shall notify the substance to the person to be arrested and if so required shall show him the warrant.

Section 76:- Person arrested to be brought before the court without delay.

The police officer or other person subject to the provision of S.71 shall without unnecessary delay bring the person arrested before the court.

Such delay shall not exceed 24 hours exclusive of the time of journey from the place of arrest to Magistrate court.

Section 77:- Where warrant may be executed.

  1. Police officer proceeding U/S. 174 may by order in writing summon 2 or more persons for the purpose of said investigation and any other person who is acquainted with facts and circumstances of the case.
  2. The person summoned shall be bound to attend and answer truly all questions other than questions that would have the tendency to expose him to criminal charge or penalty or forfeiture.
  3. If facts do not disclose cognizable offence, such persons shall not be required to attend Magistrate court.

Section 176:- Inquiry by Magistrate into cause of death.

Who shall hold inquiry:

  1. When the case is of nature referred in 174(3) (i) & (ii) -> Nearest Magistrate empowered to hold an inquest.
  2. In any other case mentioned in S.174 (1) -> -> Any Magistrate so empowered.

Amend of 2005

In following below mentioned situations, in addition to inquiry or investigation held by police, the inquiry shall be held by JM or MM within whose local jurisdiction the offence has been committed if:

  1. Any person dies or disappears, or
  2. Rape is alleged to have been committed on the woman.
  3. While such person or woman is in PC or JC.
  4. The magistrate shall record evidence in any manner hereinafter prescribed according to circumstances of the case.
  5. 176 (3) provides the power of Magistrate to make an examination of the dead body of the person who has been already entered in order to discover the cause of his death.
  6. The magistrate shall inform (wherever practicable) the relatives of the deceased and shall allow them to remain present at the inquiry.
  7. In a case where a person dies, disappears, or rape is alleged to have been committed on the woman while JC or PC as mentioned above, then JM, MM or EM or IO shall forward body to the nearest civil surgeon or other situated medical people within 24 hours of the death of a person.
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