Chapter XII Cr.P.C. Sections 154 to 173

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Chapter XII Cr.P.C. Sections 154 to 173
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(No Transcript)
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First Information Report Section 154 Cr. P.C

• The Criminal law is set in motion by way of
  filing an FIR before the SHO at the police
  station.
• Moment FIR is lodged, the police derive
  unfettered powers.
• The police are duty bound to register an offence
  upon the disclosure of a cognizable offence
• However, a discretion lies with the police
  whether to arrest the accused or not

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What FIR must contain ?

• FIR must disclose complete name of the
  complainant / age / back ground both current
  permanent address of the complainant.
• This is useful to trace those temporarily staying
  persons, when the matter comes up for the hearing
  after couple of years, which could be anywhere
  from 5 to 8 in India.

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Reason of complainants presence at the scene of
offence

• Here complainant is supposed to mention how he
  was present there when the incident took place,
  like at market, Rly. /or ST Stand/Stop, school,
  theatre, office, home, etc.
• If stated in FIR, then advocate for accused does
  not get chance to deny the presence of accused at
  the spot

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Complainant Victim or mere witness

• This must be disclosed in FIR
• If Victim of physical violence or
• of paper crime like cheating
• or criminal breach of trust
• If witness how came to know about
• offence, through whom, how and in
  what manner he is affected.

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Place / Scene of offence in FIR

• Precise place (scene) of offence which can be
  described by directions N-S E-W
• Distances are very important to mention, may
  approx. in terms of feet. Try to avoid using
  meters, which is not easy to follow.
• These distances must tally with spot panchama

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Timing of the incident

• SHO must try get a perfect timing of the incident
  from the complainant
• If done, then Accused would not get an
  opportunity to claim an alibi
• A difference of 15-20 minutes is ok
• But of 30-45 minutes might create a doubt about
  the incident

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Motive (Intention Mens rea)

• Only two types of people can do an offence
• Either a mad man (Section 100 CRPC)
• Of sane (okay man), who develops some intention /
  motive for commission of crime.
• Previous enmity or revenge
• Greed for money motive could be motive

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Description of accused

• If accused known to complainant, then no
  difficulty.
• If unknown, then his height, built, colour
  complexion, hair style, teeth, moustache,
  clothing, shirt full or half, trousers,
  chappals, shoes, etc. are of help if quoted in
  FIR, during the course of identification , if
  such person is luckily caught immediately after
  the offence

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Manner of commission of crime

• The manner / mode in which the crime was
  committed.
• What weapons, instruments, articles were used,
• If more than one accused is involved, then the
  role or part played by each of the accused must
  be stated in FIR.
• This helps in case of Recovery Panchanama done
  U/s. 27 of Evidence Act.

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Contact details of witnesses

• It is desirable to get all the contact details of
  the witnesses, with their full names, detailed
  addresses, etc. at the time of lodging of FIR
  itself,
• If this is done, then accused advocate does not
  get an opportunity to put suggestion of the
  fabrication of witnesses and hence evidence

13
Articles taken away from scene

• Very vital point in case of theft, robbery and /
  or dacoity
• If stated in FIR itself, then it helps the
  Complainant in his application for Return of
  Property u/s. 457 of Cr.P.C
• If not properly stated, JMFC might refuse to give
  the custody of those article pending trial.

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Traces left behind by accused

• If the articles like weapons used in crime are
  left behind
• Or like footwear, foot prints, handkerchief,
  wallet, etc. are left behind then must be stated
  in FIR
• Finger prints or marks or traces of hairs of
  accused might help to establish role of accused
  in crime

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Memo must in case of injured

• Many SHOs are hesitant to issue memo to enable
  the accused to take the medical treatment.
• The freshness of injury is very vital in medical
  examination.
• If memo delayed, then it is detrimental to the
  Complainant also might enable the accused adv.
  to suggest self inflicted wound theory, to the
  complaint during his cross examination.

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Intimating information to police

• This is a very vital point.
• Intimation can be given by personally visiting
  Pstn. and by orally or in writing.
• If telephonically, then SHO must make a note of
  it in Stn. Diary.
• This teleinfo must be re-mentioned when a
  detailed statement of complainant is taken when
  comes to Police station.

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When was the information wasgiven to police ?

• The time of intimating the information to the
  police is very vital.
• If there is delay, then SHO must find out from
  Complainant, the reason for delayed reporting.
• Column No. 8 of printed FIR format must be filled
  up with the reason for delay

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When delay can take place ?

• In case of evening or late night offences.
• Non availability of transportation like auto,
  bus, etc.
• Lack of safety in going out at night
• Discussion with elders in family in case of
  offence us. 354, 376, 509 of IPC.
• Such delays are understandable.

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Re-writing statement of Complainant in Khabari
Book

• Complaint (Jabab) of complainant must be promptly
  reduced in writing in printed book.
• Column No. 8 of Delay should be filled up,
  without fail, if FIR is delayed for the reasons
  disclosed by the party.
• No variation in Jabab statement reduced in
  Khabri book

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Mentioning of FIR in Stn.Diary

• The synopsis of the complainant must be reduced
  in Station Diary very promptly
• Together with C.R. No. Part I, II, etc.
• Sections the law like IPC, B.P. Act, etc.
• Name of the person reducing this info in Station
  Diary must be mentioned

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Reading over of FIR contents

• If the FIR contents are read over to the
  informant in the language, which is known to him.
  
• Such reading must be mentioned in the concluding
  para of the FIR.
• If complainant is non-Marathi, then a note of
  meaning of FIR in Hindi or English is desirable
  in conclusion.

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Copy of Complaint

• Copy of the FIR be given to the complainant
  immediately (free of cost).
• His acknowledgement must be taken on Khabari Book
  copy
• Date Timing must be quoted while giving him the
  copy.

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Dispatching the copy to JMFC

• Any delay in dispatching the copy of FIR copy
  JMFC is bad for prosecution.
• It helps the accused to put up a theory, that FIR
  was noted much later and only crime number was
  reserve red/ registered / taken.
• Such copies should not be sent on holidays,
  before holiday JMFC

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When FIR can be refused ?

• Only when the offence disclosed is purely of
  Non-cognizable nature.
• Dispute is purely of civil nature.
• Offence has not yet taken place.
• Preparation to commit an offence as contemplated
  U/s. 511 of IPC is a crime, according to nature
  of intended crime, cognizable or NC.
• Refusal U/s. 157(1) of Cr.P.C.

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Offences Under MOFA - 1963

• Police normally do not register an offence
  against Promoter, who commits a breach of an
  agreement.
• FIR can very well be taken against Promoter U/s.
  13 of MOFA 1963, when
• (i) he fails to comply with Section 3, 4, 10 11
  of Act (3 Years imprisonment, fine or both
• (ii) criminal breach of trust of any amount
  advanced or deposited with him then Sec. 5, which
  warrants 5 yrs. Punishment.
• contd . 2/-

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MOFA 1963 (Page 2)

• (iii) contravention of any other provision of
  this law, where no punishment is otherwise
  prescribed, then punishment is of 1 year.
• This will be an NC.

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Credibility of a complaint

• Credibility of information is not the condition
  precedent for registration of the FIR.
• SHO is not supposed to scrutinize the complaint
  before recording it
• Disclosure of a cognizable offence is a condition
  precedent.
• No where in Cr.P.C. an application enquiry is
  contemplated, but it is practice since the
  beginning.

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FIR Neither too short, nor too long

• FIR can not be too vague or short
• It should not be too exhaustive also.
• It should disclose a commission of a cognizable
  crime, by some one against someone, for some
  purpose motive, with or without / any objective
  in mind .

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Options before Complaint, if you do not taken
down his / her FIR

• He/She can file a private compliant
• Then JMFC, can order any of the following -
• (i) An enquiry u/s. 202 of Cr.P.C.
• (ii) Can himself enquire into matter,
• (iii) can direct PI I/c. to taken down an FIR
  U/s. 156 (3) of Cr.P.C.
• (iv) can take the cognizance by himself

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What JMFC can do when you file charge sheet

• Duty on PI I/c. to intimate the complainant,
  about filing or even non filing of a charge sheet
  in court
• When charge sheet is filed -
• (a) JMFC can take cognizance i.e. Issue Process
  against all accused,
• (b) or against some accused,
• (c) can add more persons as accused during the
  trial, if their role comes on record.

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JMFC not bound to accept the charge sheet

• U/s. 173 of Cr.P.C. JMFC, can refuse to Issue
  process i.e. to take the cognizance.
• Similarly, when 202 report is submitted to him,
  he can take the cognizance of the matter, even if
  the report d is negative, i.e. not disclosing a
  commission of any crime.
• Such report not binding on JMFC.

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Duties of PI I/c. before sending a charge sheet
in court

• PI I/c. signs a charge sheet (Dakhal Pahun
  ravana) in those matters, which have been
  investigated by his subordinate officers.
• He can refuse to sign an charge sheet , if he
  feels that the evidence is not sufficient to come
  to know about the involvement of accused in
  commission of crime.

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What court orderly must do ?

• When he submits the copy of FIR to Assistant
  Supdt. (Bhausaheb), he must obtain his signature
  with a date and timing, etc.
• He should be encouraged to put up his rubber
  stamp if available.
• Such precaution saves police from lots of
  subsequent embracement

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What law presumes about Issue Process order of
JMFC

• Law presumes, that when JMFC issues process i.e.
  summons u/s. of any Act, then it is presumed
  that he has read the entire charge sheet and
  papers annexed to it and he is satisfied about
  the involvement of accused in crime
• Evidence sufficient to secure their conviction.

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Which police court actions can be challenged in
HC U/s. 482 of Cr.P.C.

• (i) Station Diary entry made by SHO
• (ii) Lodging of an FIR
• (iii) Investigation of crime
• (iv) Filing of a charge sheet
• (v) Issue Process / summons order
• passed by JMFC.
• (vi) Framing of a charge
• (vii) Hearing of criminal case.

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How police machinery is misused in civil matters !

• Family in Rabodi, Thane has Mother who has 3 sons
  (S1, S2 S3)
• On 28.05.1989 S3 marries
• Dispute starts over the partition of their
  Jalgaon property
• Fight intensifies between M-S1-S2 with S3 his
  new wife.
• On 25.06.1989 S3 wife quits home and stays
  separately from the family.

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Page 2

• From 25.06.1989 till Mid 1997 S3 his wife has
  no contact with mother two sons.
• In Mid 97 she makes an application to Dy.CM about
  alleged ill-treatment without writing to local
  Pstn. PI, ACP, DCP, Addl. CP, Jt.CP., CP / or
  DG.
• Dy.CM. writes to CP Look into matter, which
  ends up with P Stn. PI.
• PI asks SHO to take an FIR u/s. 498-A against
  mother in law two brother in laws.

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Page 3

• Hence offence registered in 1997 after
  investigation charge sheet is filed.
• Matter comes for the hearing in 1999 for hearing
  and trial court JMFC acquits, mother in law two
  brother in laws of the complainants.
• Since then complainant lady starts making
  allegations against local police about their soft
  corner to opp. party and alleges of making a weak
  charge sheet and therefore the accused were
  acquitted in her case.

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Page 4

• In 1999, she writes to DGMS Dy.CM threatening
  that she would commit a suicide in front of DG
  office and / or Mantralaya by call all media to
  see it.
• She sends 20 odd letters out of which in dozen
  letters her suicide threat is reflected.
• All applications are re-routed to local PI for
  necessary enquiries and actions.

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Page 5

• On Saturday, 02.04.2001 an HM incident takes
  place at Rabodi, persons from both sides arrested
  and kept in lock up.
• On this day one officer takes a charge of PI
  Admn. at Thane Nagar Police Stn.
• He acquaints with the job leaves the Pstn.
  Around 11 PM.

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Page 6

• On Sunday 03.04.2001 same lady along with her
  husband two daughters comes near Thane Ngr.
  Pstn.
• She pours a kerosene on her husband and kids and
  also on her person and then tries to take out a
  match stick to set them on fire.
• An alert female WPC senses the problem and hits
  her hand so the match stick is not lit up
• A commotion takes places.
• One PSI, who was SHO, is informed by WPC about
  the incident.

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Page 7

• PSI-SHO makes a SDE and hands over a charge
  temporarily to some one and himself comes out of
  PStn. to find out what has happened.
• PSI himself lodges an FIR against her U/s. 307 of
  IPC for attempting to set her husband kids on
  fire also u/s. 309 IPC (suicide attempt)
• All are taken into custody.

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Page 8

• PI I/c. ACP physically present since 9 AM in
  Thane Court premises for bandobast, HM riots
  accused of earlier day were to be brought.
• Necessary SDE entries are there.
• This lady her husband produced before the
  holiday JMFC no remand sought since all
  articles like kerosene can, match box, earth
  sample, etc. was collected from scene of offence.
  
• Kids sent to Bhiwandi Remand Home.

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Page 9

• JMFC grants JC, husband sent to Thane Jail She
  is sent to Adharwadi, Kalyan jail.
• Investigation progresses and charge sheet is
  filed.
• Trial completed in Sessions Court by 2004 end.
• She her husband acquitted.

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Page 10

• State prefers an appeal against acquittal in HC,
  but it is rejected.
• She then files a private complaint before CJM,
  Thane seeking prosecution of PSI (Complainant)
  PI (Admn.) who was an IO, for falsely implicating
  her.
• CJM dismisses her complaint for want of
  prosecution sanction U/s.197 of CR.P.C.

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Page 11

• She files a criminal revision in Sessions court
  Thane against CJM order.
• Sessions Judge, asks her lawyer to check her
  her husbands 313 statements in the Sessions trial
  in which both were accused in which she and her
  husband were acquitted.

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Page 12

• Judge asks lawyer to find out whether she
  husband has stated in her 313 statement that PSI
  lodged an FIR even though there was no such
  incident IO has done an investigation of a
  crime, about which he was knowing that no such
  incident had taken place at all.
• No such allegation against police in their 313
  statements.

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Page 12

• Judge asks why did not say so in her 313
  statement ? No explanation was given about it.
• Judge also upholds CJM order and Cri. Revision
  also dismissed.
• She does not keep quiet and finally approaches HC
  in 2005 seeking a CID enquiry about the conduct
  of all officers, by way of filing a WP.

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Page 13

• She makes PI I/c. Respondent No.1, ACP
  Respondent No. 2 DCP Zone I, Respondent No. 3,
  PI I/O. Respondent NO. 4 PSI Complainant as
  Respondent No.5.
• She makes a fresh allegation against ACP, that on
  03.04.2001, she had gone to Pstn. for application
  enquiry after she was intimated by police.

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Page 14

• She admits her presence on 03.04.01 at TN Pstn.
• She alleges that ACP asked one WPC to take out
  gold ornaments worth Rs. 22,000/- which were on
  her person.
• She also alleges that DCP slapped her in presence
  of all.

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Page 15

• HC Division Bench asks, why she did not made ACP
  DCP as accused in her private compliant, when
  the allegations them are about an incident of
  03.04.2001.
• Her lawyer could not answer.
• Judges ask whether she had made any compliant
  about ACP DCP till this date against any one.
• Reply is No.

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Page 16

• Judges ask about explanation for not doing so,
  which she could not give.
• Any attempt to file an FIR against ACP DCP at
  police stn. Level. No.
• Why they were not made party to private complaint
  along with PSI PI. No explanation.
• Judges tell indirectly, you either withdraw or
  they will pass an appropriate order.

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Page 17

• No prosecution sanction was necessary against
  ACP DCP in private compliant, because their
  alleged acts do not come under Police duties as
  per Bombay Police Act.
• She finally withdraws the writ petition before
  HC, to avoid allegations.

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Page 18

• If her grievance against ACP DCP and also
  against PSI PI Admn. were genuine, then she
  could have lodged a complaint orally or in
  writing at Thane Nagar Pstn.
• Or by sending it by RPAD to PI I/c.
• Or by directly making an application to CP Thane.
  
• No such steps were taken by her.

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Page 19

• From 1999 to 2005, 5 PIs and their subordinates
  lost several hundreds of man hours (time),
  energy, money and suffered headache over her
  false applications to the higher ups in police.
• What IO missed to do was to include her dozen odd
  letters in which she had mentioned about suicide
  threats in her own hand writing with a signature
  sent from 1999 to 2001.

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Page 20.

• If these letters, which had become part of Thane
  Nagar Pstn. Record could have been easily used by
  prosecution to establish her Mens rea, i.e.
  intention to kill herself.
• An extremely useful evidence was brought before
  Sessions court, during her trial.

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Page 21 Out come

• Entire case shows, how the FIR needs to be filed.
• How the evidence is to be recorded.
• How previous correspondence needs to be seen.
• How intention to commit an offence is to be
  found out and how to use it.
• How to file the charge sheet.

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Out come.

• The entire police machinery was used by her for
  settling her husbands property share in Jalgaon.
• All police personnel from PC to PI were engaged
  in explaining their actions in her case to th
  higher ups like CP to DG also Dy CM.
• Due to this police machinery could not
  concentrate adequately on serious crimes like
  302, 307, etc.
• Be cautious while entertaining family or purely
  civil matters !
• - The End

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Part II Case Laws / Rulings of Bombay HC and
/ or SC Court

• These judgments are practicable in your day to
  day policing

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Arresting a female accused

• Section 41 151 Cr. P.C.
• It may not be always possible and practical to
  have a lady constable present In such a case
  arresting officer may arrest a female person for
  lawful reasons at any time of day or night even
  without presence of lady constable He, however,
  should record reasons either before arrest or
  immediately after arrest for adopting such a
  course.
• State of Mah. V/s. Christian Community Welfare
  Council of India 2004 ALL MR (CRI) 301 SC.

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Section 107 Bond for keeping good behaviour
maintenance public peace

• Notice under Section 107 should show as to what
  information has been received by the magistrate
  so as to give the idea to higher court about the
  reasonableness of action taken by Magistrate.
• Suresh Hariram Sadarangani V/s. State of
  Maharashtra 2004 ALL MR (CRI) 392

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Section 110 Furnishing a bond of good behaviour

• None can be asked to furnish bond of good
  behaviour without an adjudication A person can
  not be asked to furnish a bond of good behaviour
  only because two trials alleging that he
  committed the murder are pending in courts.
• Chandrakant Dharni Bharmaji V/s. Special
  Executive Magistrate
• 2004 ALL MR (CRI) 81

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Registration of written complaint against police
officers sent by Petitioner to CP

• Complaint very specific replete with requisite
  information Complaint ought to be registered as
  FIR No scope for informal inquiry because such
  enquiry would partake the colour of investigation
  It is only when the information received were
  to be vague information , anonymous or
  irresponsible rumour , it would not in itself
  constitute information within the meaning of
  Section 154 or the basis for an investigation
  U/s. 157 of Cr.P.C.
• Sudhir M. Vora V/s. Commissioner of Police
  others.
• 2004 ALL MR (Cri) 2745

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Delay in giving FI statement to police

• Deceased was dragged out his house murdered by
  accused persons at about 7 / 7.30 PM. His wife
  who tried to rescue him, was also assaulted
  Deceaseds wife states that she was afraid to go
  to police station at night, so she went only on
  next day and give FI statement Held, her
  evidence can not be rejected on ground of delay
  in giving the FI statement when her evidence was
  corroborated by another eye witness who too, had
  sustained several injuries in the incident .
• State of Karnataka V/s. Bhaskar Kushali
  Kotharkar ors.
• 2004 Supreme Court Cases (Cri) 1963

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Delay in sending the FIR copy to JMFC

• U/s. 157 of Cr.P.C. to magistrate, delay of three
  days delay due to the fact that investigation
  officer was busy during that period delay
  causing no prejudice to the accused delay not
  fatal to prosecution.
• State of Maharashtra V/s. Devappa Siddhapa
  Kamble ors.
• 2004 ALL MR (CRI) 2716

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FIR - Discrepancies / Omissions in FIR

• Names of witnesses not appearing in FIR Held,
  that by itself can not be a ground to doubt their
  evidence There is no requirement of mentioning
  the names of the witnesses in FIR.
• Raj Kishor Jha V/s. State of Bihar Ors.
• 2004 Supreme Court Cases (Cri) 212

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Delay of two days in lodging FIR

• Accused Collector of Customs, outraging modesty
  of woman, a probationer of Indian Customs
  Excise Service Group A Complainant waiting for
  arrival of her husband from outstation and
  apprised of the incident Other higher ups in
  Customs department and legal opinion from senior
  criminal lawyers before lodging FIR Held, the
  conduct of Complainant in circumstances in which
  she was place was perfectly natural and
  circumstances per say, sufficient explanation for
  the delay in filing the complaint. .
  Continued in next side.

68
Section 154 FIR delay in lodging Rape Case

• Commission of rape on prosecutrix taking place on
  25th November, 2000 FIR lodged on 27th
  November, 2000 Prosecutrix age in range of 13
  to 14 years Father of Prosecutrix not at home
  on the day of incident Until evening 26th
  November, 2000 delay satisfactorily explained
  Held mere delay in lodging the report itself is
  not fatal.
• Fulchand Vasant Bhirat V/s. State of Maharashtra
• 2004 ALL MR (CRI) 1729

69
FIR Molestation of woman Omission of lurid
details in FIR

• Omission of lurid details in FIR Hand written
  complaint by victim woman- Filed after
  consultation with her husband held she would
  naturally have felt embarrassed to place lurid
  details of the assault on her by the accused
  Complainant avoided giving any embarrassing
  details of the molestation even in her testimony
  Omission of lurid details of the assault on her
  in the FIR is not a ground to discard to
  testimony of the Complainant.
• State of Maharashtra V/s. Satyendra Dayal Khare
• 2004 ALL MR (CRI) 2339

70
Delay in lodging FIR

• Incident taking place at 8 PM on earlier night
  Complainant approaching Police Station only next
  morning incident occurred in remote tribal area
  No transportation or any means of communication
  during night Taking into account these
  circumstances held, there was no delay in lodging
  FIR.
• Dharma Ravji Andher V/s. State of Maharashtra
• 2004 ALL MR (CRI) 2068

71
Criminal Trial Prosecution Non Examination of
I.O. Effect on trial

• If any statement of PW is contrary his previous
  statement recorded U/s. 161 of Cr.P.C. suffers
  from omission from certain material particulars,
  then the previous statement can be proved by
  examining the IO, who had recorded the same In
  absence thereof, non-examination of investigation
  officer, held, would be of no consequence when
  the accused were not prejudiced Acquittal
  solely on ground of non examination, in the
  circumstance was not justified Penal Code,
  1860, Ss 304 Pt. II / 149 and 324 / 148 and 143.
• State of Karnataka V/s. Bhaskar Kushali Kotharkar
  ors.
• 2004 Supreme Court Cases (Cri) 1963

72
Criminal Trial Investigation Highly
unsatisfactory investigation

• Multiple Murder case Incident inside a bus
  Not seized absence of proper scene Panchanama
  Relevant facts not noted by IO Delay of 6 days
  in sending FIR to JMFC. Material witnesses not
  examined by accused for 15 days by IO. Failure
  to produce all material witnesses Case involved
  in death of eight persons should have been
  conducted with more circumspection seriousness
  failure of police to produce to produce best
  evidence before the court cast serious reflection
  on the system that is followed in investigation
  of criminal cases.
• Sahdeo others v/s. State of Uttar Pradesh
• 2004 Supreme Court Cases (Cri) 1873

73
Grant of Bail

• No bail can be cancelled unless an opportunity is
  given to the accused to oppose the application

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(No Transcript)
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Sec. 46(4) Arrest of female Accused

• No arrest to be made during night time EXCEPT in
  emergency circumstances, only by Women Police
  Officer, with the prior permission of the
  Magistrate where the offence is lodged or where
  the arrest is to be made.