Information in Cognizable Cases Section 154 (complete information)

Every information relating to the commission of a cognizable offence, if given orally to an officer in charge of a police station, shall be reduced to writing by him or under his direction, and be read over to the informant, and every such information, whether given in writing or reduced to writing as aforesaid, shall be signed by the person giving it, and the substance thereof shall be entered in a book to be kept by such officer in such form as the State Government may prescribe in this behalf.

A copy of the information as recorded under sub-section (1) shall be given forthwith, free of cost, to the informant.

Any person aggrieved by a refusal on the part of the officer-in-charge of a police station to record the information referred to in sub-section (1) may send the substance of such information, in writing and by post, to the Superintendent of Police concerned who, if satisfied that such information discloses the commission of a cognizable offence, shall either investigate the case himself or direct an investigation to be made by any police officer subordinate to him, in the manner provided by this Code, and such officer shall have all the powers of an officer- in-charge of the police station in relation to that offence.

The substance of the report is entered in a prescribed book which contains certain columns. If the report given discloses the commission of a cognizable offence the S.H.O. should register it as ‘crime No.’ of the particular year relating to the Station, and the relevant provision (contravention with particular section) of the law should be mentioned.

The information which is given immediately after the occurrence of the crime has its own importance. It is the earliest possible information to the police. The likelihood of creating stories is less.

Generally, the information is to be believed, because of the less duration between the time of occurrence and the report to the police. If the person, who was giving the information is a literate person he always gives it in writing. If he fails to give it in writing and narrates the whole incidence also, the person in charge of the police station usually insists him to give the information in writing.

After reducing into writing the information, the informant (the informant need not be the eye witness; he can be anyone who has the knowledge of the incidence of the crime) signs it.

If the informant is an illiterate person, then it is the duty of the officer to reduce the narration of the informant into writing. After he writes it down, it must be read over to the informant and should make him affix his thumb impression below the recorded matter.

Under sub-section (2) of the Code, it is necessary to the officer in charge to give a copy of the FIR to the informant. But, in the past this was seldom done in practice.

Nor the informant insists upon it. This should be given without any charge or payment. If the officer in charge of the station refuses to accept the information, the Code further provides that the same can be sent by post to his superior officer.

A copy of the F.I.R. in the prescribed form together with the original reports received or recorded from the informant is sent to the concerned Magistrate having jurisdiction without any delay. When the time factor relating to the lodging of a report with the police assumes importance, the time when the F.I.R. was received by the Magistrate also becomes material.

The Magistrate who receives the F.I.R. generally through the constable deputed by the Station House Officer should immediately initial the F.I.R. noting the exact time of its receipt and the date as well as the particulars of the person through whom it is received.

The Magistrate is also expected to initial all pages sent along with the F.I.R. The same procedure should be followed even in the case of crime reports which are directly sent by the Village Administrative Officer (V.A.O.) through village servants namely vetty etc., to the Magistrate, while forwarding the original report received by him to the concerned police station.

When the information received by the S.H.O. does not disclose the commission of cognizable offence he should enter the substance of the report in a register maintained in the police station called Station General Diary. (G.D. in short) and refer the information to a Magistrate.

Sometimes the Station House Officer receives phone calls from unidentified persons informing him that a rioting has taken place or an accident occurred etc.

Even in such a case the Station House Officer should enter the substance of the phone message in the General Diary. But, since such vague rumors do not actually disclose the commission of a cognizable offence, they cannot be treated as information’s within the meaning of Sec. 154 Cr.P.C.

If the Station House Officer springs into action on receipt of such a phone call, contacts some one who is able to give more specific and definite information regarding the occurrence and reduces what such person says into writing, that report alone should be treated as the real F.I.R.

Conversely if the Station House Officer does not reduce to writing the report received by him from any source about the commission of a cognizable offence, and later on records a report from some one also, such a report will fall within the scope of Section 162 and it cannot be received in evidence.

The S.H.O.’s failure to record what was the real F.I.R. in the case does not exalt a subsequent statement made to him to the status of F.I.R. and such subsequent statement must necessarily be treated as one recorded in the course of the investigation and it is therefore covered by Section 162.

The recording of the F.I.R. and registering of the crime No. should be taken as the starting point of investigation. From that stage onwards it becomes the responsibility of the S.H.O. to contact witnesses, record their statements, visit the scene of offence, prepare a sketch of it in the case of grave offences, make every effort to apprehend the suspect or the offender, hold inquest over the dead body if it is a case of murder or death due to accident, send the dead body for post­mortem examination, send the blood stained clothes and other material objects immediately to the Court with a request that they may be sent for chemical analysis.

As soon as the F.I.R. is received by the Court the Crime No. etc., should be entered in a separate register known as the F.I.R. register maintained by the Court. This register is maintained in the form of a ledger, that is to say a few pages are set apart for each of the Police Station in the jurisdiction of the Court and details of the F.I.R. together with the date of its receipt are mentioned in each section according to the police station to which they pertain.

Periodical reminders should be issued to the concerned S.H.O. to complete the investigation. When the charge- sheet is laid and the case is referred as undetectable etc., the F.I.R. number in the register is rounded off to indicate that it was disposed off.

The Investigation Officer opens the case diary immediately after the registering of the Crime number with reference to each case investigated by him. It consists of two parts.

In the first part the day to day progress of Investigation Officer, the information received by him regarding various matters having a bearing on the offence under investigation and other such details are mentioned.

The first part of the case diary is a confidential document and the accused and the defence counsel ought not to be allowed access to it. But, the Court may at any stage of the proceeding call for the case diary and peruse it. Part 2 of the Case Diary contains the statements recorded from the witnesses under Section 161.