Cr.P.C., 1973. Notes no.7: Information to the police and their powers to investigate (Chapter XII – Part.1)

Information to the police and their powers to investigate

(Chapter XII)

Common gist of chapter XII:

1. Sections 154 & 155 speaks of information
2. Sections 156 & 157 speaks of commencing investigation based on FIR and under section 157 the word “a report” will be seen which form basis for First information report.
3. Section 158 relates to submission of report.
4. Section 159 speaks of power to hold preliminary inquiry by the Magistrate.
5. Sections 160 & 161 – speaks about IO examining witnesses and their
6. Section 162 is a special evidentiary value provided by the Code for statements recorded u/s 161 Cr.P.C. This section overrides any other provisions of Cr.P.C or any other statutes comes in its way except otherwise provided by this section.
7. Section 163 obstructs statements recorded u/s 161 cr.p.c from use if the same was recorded by inducement.
8. Section 164 explains the procedure for recording confession of the accused and statement of witness.
9. Section 165 A police officer is authorised by Section 165 of the Code to search any area where he has reasonable grounds to believe there is something necessary for the investigation he is authorised to conduct.
10. Section 166 speaks of when officer-in-charge of police station may require another to issue search-warrant.
11. Procedure when investigation cannot be completed in twenty-four hours – This section deals with the release of person in custody when the final report was not filed within the time prescribed in section 167(2) Cr.P.C.
12. Section 168 – When any subordinate police officer has made any investigation under this Chapter, he shall report the result of such investigation to the officer-in-charge of the police station.
13. Sections 169 & 170 – speaks of how IO has to form an opinion as to the
14. Section 171 speaks of Complainant and witnesses not to be required to accompany police officer and not to be subject to restraint
15. Section 172 deals with Police officers power to maintain a ‘case diary’ and the court’s power to use it.
16. Section 173 imposes duty on the Investigation officer to forward a report to the Magistrate; section 173 (2) – speaks about IO how to create a report and forward the same to the Jurisdictional Magistrate.
17. Section 173(8) speaks of the privilege of the IO to conduct further investigation on receiving further information on the offence and to file further final report.
18. Section 174 Police to enquire and report on suicide, etc…
19. Section 175 deals with the Power to summon persons with respect of section 174 Cr.P.C.
20. Section 176 deals with inquiry by Magistrate into cause of death with respect of section 174 Cr.P.C.

section 154 Cr.P.C – Explanation

Section 154. Information in cognisable cases. –

(1) Every information relating to the commission of a cognisable 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.

[Provided that if the information is given by the woman against whom an offence under section 326A, section 326B, section 354, section 354A, section 354B, section 354C, section 354D, section 376, [section 376A, section 376AB, section 376B, section 376C, section 376D, section 376DA, section 376DB,] section 376E or section 509 of the Indian Penal Code is alleged to have been committed or attempted, then such information shall be recorded, by a woman police officer or any woman officer:

Provided further that-

(a) in the event that the person against whom an offence under section 354, section 354A, section 354B, section 354C, section 354D, section 376, [section 376A, section 376AB, section 376B, section 376C, section 376D, section 376DA, section 376DB,] section 376E or section 509 of the Indian Penal Code is alleged to have been committed or attempted, is temporarily or permanently mentally or physically disabled, then such information shall be recorded by a police officer, at the residence of the person seeking to report such offence or at a convenient place of such person’s choice, in the presence of an interpreter or a special educator, as the case may be;

(b) the recording of such information shall be video-graphed;

(c) the police officer shall get the statement of the person recorded by a Judicial Magistrate under clause (a) of sub-section (5A) of section 164 as soon as possible.]

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

(3) Any person aggrieved by a refusal on the part of an 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 cognisable 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.

One cannot find the word “a report” or “First information report” in sections 154 to 156 Cr.P.C.

Tracing of the word ‘first information report’

As per the Tamil Nadu Police Standing Order [Order 551 – Chap. XXIV, Tamil Nadu Police Standing Order], it is engrafted that how the registry in the FIR book would be made and for what offences. It is also clearly explained in the subsequent Order no. 554 the FIR should be made before the investigation should start. Order. 561 clearly explains that the information received regarding FIR in a non-cognizable offence, or any steps taken by the Police of their own motion in a non-cognizable case, will be entered in the Station General Diary.

Ingredients

1. Information relates to a cognizable offence,

2. Information shall be reduced into writing (if given orally) and shall be signed by the maker,

3. The substance of the information thereof shall be entered in a book kept in the police station in such form as the state government has prescribed.

Overall: FIR is just an intimation of the occurrence of an incident and it need not contain all the facts related to the said incident [State of U.P vs. V.Munesh – 2013 Cr.L.J 194 (SC)].

what is an information?

“All information is not First Information”. Information which discloses commission of cognizable offences alone are ‘First Information’. A mere rumour or a hoax will not be First Information. For the purpose of taking action u/s 154 Cr.P.C the most important requirement is that the information must disclose commission of a cognizable offence [M/s.Vetri Medical Agency rep by P.L.Veerappan Chennai vs. State – 2014(1) LW (Crl) 116].

First information report – sign by the informant is must

It will be clear from the language of Sub-Section (1) of Section 154 Code of Criminal Procedure that every information relating to the commission of a cognizable offence whether given in writing or reduced to writing shall be signed by the person giving it. Hence, the person who gives the information and who has to sign the information has to choose which particular information relating to the commission of a cognizable offence is to be treated as an FIR [Anand Mohan vs. State of Bihar – dt: 10.07.2012 – 2012 (6 )SCALE 266 – Crl.Apl No: 1536 of 2009 – SC].

First information report – whether two person sign in the information?

The judgments relied by the learned counsel appearing for petitioner came to be delivered in a case instituted otherwise than on police report or on the basis of the decision taken in a case instituted otherwise than on a police report. Therefore none of the decisions are useful to the case of the petitioner. Though two persons have signed in the complaint / information in a case instituted on a police report, now trial is in progress, reached its final stage, the prayer for quashing C.C.No.33 of 2022 on the file of the learned Special Metropolitan Magistrate-II for the Exclusive Trial of Land Grabbing Cases, Allikulam, Chennai, cannot be entertained [Gita vs. The State represented by The Inspector of Police Central Crime Branch, Team – XVII Anti Land Grabbing Special Cell-1 Vepery, Chennai – 600 007 – Crl.O.P. No: 1230 of 2023 and Crl.M.P.No: 653 and 654 of 2023 – 30.03.2023].

what is not first information report?

1. It should be definite neither be vague nor indefinite; but it should be information of facts disclosing the commission of a cognizable offence, Information regarding offence Shall not be cryptic [State v. P.A.Madhu AIR 1984 SC 1523].

2. Information to the police after the commencement of investigation: It is an information given to a police officer relating to the commission of an offence. It is also an information given by an informant on which the investigation is commenced. It must be distinguished from information received after the commencement of the investigation which is covered by Sections 161 and 162 of the Cr. P. C. [The State of Bombay vs. Rusy Mistry and Ors. (24.09.1959 – SC) = AIR 1960 SC 391].

Finally: FIR is not an encyclopaedia. It is just an intimation of the occurrence of an incident and it need not contain all the facts related to the said incident [State of U.P vs. Munesh – 2013 Cr.L.J 194 (SC)].

Section 154 cr.p.c – Who can lodge fir?

“Any person” can set the law in motion by lodging the First Information Report. Any person includes the accused (only to the purpose of information).

Section 154 cr.p.c – What is a book?

Admittedly, so far as the State of Tamil Nadu is concerned, the ‘Book’ specified in section 154 of the Cr.P.C is the book known as ‘FIR Book’, Form No. 73 vide Police Standing Orders 551. If an information is thus received by an Officer-in-charge, it is statutory duty of the said officer to forthwith register a case by entering the same in the FIR book [X vs. State & Y – 2014(2) CTC 46].

What is cryptic message?

Supreme Court further held what is cryptic message, in the present case, P.W-14, the informant has chosen not to treat the wireless message but the subsequent typed information as the FIR. Moreover, the wireless message sent soon after the incident on 5.12.1994 stated only that the people mixed with the crowd of funeral procession for the cremation of chobtan shukla have injured the deceased by shooting him with revolver and have fled towards Hajipur by different vehicles. This wireless message was cryptic and did not sufficiently disclose the nature of the offence committed much less the identity of the persons who committed the offence. Unless and until more information was collected on how exactly the deceased was killed, it was not mandatory for either P.W-14 to lodge the same as FIR or for the officer incharge of a police station to treat the same as an FIR. Such cryptic information has been held by this Court not to be FIR in some cases. In Sheikh Ishaque and Ors. v. State of Bihar – (1995) 3 SCC 392 Gulabi Paswan gave a cryptic information at the police station to the effect that there was a commotion at the village as firing and brick batting was going on and this Court held that this cryptic information did not even disclose the commission of a cognizable offence nor did it disclose who were the assailants and such a cryptic statement of Gulabi Paswan cannot be treated to be an FIR within the meaning of Section 154 Code of Criminal Procedure Similarly, in Binay Kumar Singh and Ors. v. State of Bihar (supra) information was furnished to the police in Ex. 10/3 by Rabindra Bhagat that the sons of late Ram Niranjan Sharma along with large number of persons in his village have set fire to the houses and piles of straws and have also resorted to firing. This Court held that Ex. 10/3 is evidently a cryptic information and is hardly sufficient to discern the commission of any cognizable offence therefrom. In our considered opinion, therefore, the trial court and the High Court have rightly treated the subsequent typed written information lodged by PW-14 and not the wireless message as the FIR [Anand Mohan v. State of Bihar – (2012)6 SCALE 266].

Whether telephonic intimation is fir?

Not in every cases: Any telephonic information about commission of a cognizable offence irrespective of the nature and details of such Information cannot be treated as First Information Report. This can be Illustrated In a busy market place; a murder is committed. Any person in the market, including one of the shop owners, telephones to the nearest police station informing the officer in charge, about the murder, without knowing the details of the murder, the accused or victims. On the basis of that information, the officer in charge reached the place where the offence is alleged to have been committed. Can it be said that before leaving the police station, he has recorded the First Information report? In some cases, the information given may be that a person has been shot at or stabbed. It cannot be said in such a situation, the moment the officer in charge leaves the police station, the investigation has commenced. In normal course, he has first to find out the person who can give the details of the offence, before such officer is expected to collect the evidence in respect of the said offence [Ram singh Baiji Jadeja v. State of Gujarat, 1994 cri LR 303 (SC):(1994 Cri LJ 3067) followed in ISHWAR SINGH Vs. STATE OF RAJASTHAN – 2004 Cr.L.J 3145].

Based on telephonic information – illustration:

Telephonic information about the occurrence was given to Nokha Police Station by some unknown person on 29.5.21983 itself and PW.13 Attar Ali Khan after making Ex.P.54 entry in the Roznamcha, immediately went to the occurrence place and found Shivji Ram lying dead and Shera Ram with injuries. He recorded Exh. P9 statement of Shera Ram and sent him to Nokha hospital for treatment and forwarded the statement to the Police Station for registering the case Exh.P55 is the First Information Report. He also seized jeis used by the accused from the occurrence place under Exh.P.34 Mahazar. There is no delay in registering case and there is no flaw in the investigation [Nanak Ram vs. State of Rajasthan – 2014-2-LW (Crl) 71 (SC)].

Explained – latest technology considered: In the case of a telephonic conversation received from an unknown person, the question of reading over that information to the anonymous informant does not arise nor does the appending of a signature to the information, as recorded, arise. However, we are not going into any technicalities on the subject, keeping in mind technological advances made in communication systems. All we need say is that it is now well settled by a series of decisions rendered by this Court that a cryptic telephonic information cannot be treated as an FIR [Surajit Sarkar vs. State of West Bengal dt: 04.12.2012 – SC – Criminal Appeal No. 2026 of 2009 – (2013) 2 SCC 146].

Whether ECIR form is fir?

It is to be borne in mind that an ECIR is not registered under the Code of Criminal Procedure and it is not akin to an FIR, which is registered under Section 154 Cr.P.C. and sent to the jurisdictional Magistrate in terms of Section 157 Cr.P.C. The scope of an ECIR has been discussed by a Division Bench of this Court in which one of us (PNPJ) was a Member in The Assistant Director, Directorate of Enforcement Vs. Justin Devadoss @ David and Others [2021-1-L.W.(Crl.) 605], wherein, in paragraphs 13 and 17, it has been held as follows:

“13. The ECIR is an administrative form that is used by the Enforcement Directorate for commencing the investigation of a case. Be it noted that the E CIR form is not in pari materia with the form that is used by the police to register an FIR under Section 154 Cr.P.C. read with the Rules framed for that purpose by the State Government.

17. An investigation under the PML Act gets triggered against a person only if he is found to have been involved in a ‘schedule offence’. Thus, when the police register a case against a person for a ‘schedule offence’ and when the Enforcement Directorate comes to know of it, they can commence investigation under the PML Act by formally recording in the ECIR form about the nature of the ‘schedule offence’, as disclosed in the FIR registered by the police. A person cannot be convicted or acquitted based on the entries in the ECIR form, because, an offence under the PML Act has to be proved by examining witnesses and proving documents in order to establish that the accused had involved himself in a criminal activity, acquired assets and had projected the proceeds of the crime as untainted property. In this scheme of things, the ECIR document really has no significances”^[1].

Further study

Cr.P.C., 1973. Notes no.1: Understanding the Police Report, Investigation, and Court’s Duties in Criminal Cases

Cr.P.C., 1973. Notes no.2: A General Introduction (with powers of police)

Cr.P.C., 1973. Notes no.3: General Provisions as to Inquiries and Trials – Part.1

Cr.P.C., 1973. Notes no.4: General Provisions as to Inquiries and Trials – Part.2 (Duty of judge)

Cr.P.C., 1973. Notes no.5: General Provisions as to Inquiries and Trials – Part.3 (Duties of parties)

Cr.P.C., 1973. Notes no.6: General Introduction to Inquiries and Trials – Part.4 (Criminal courts powers & administration)

[1] N. Dhanraj Kochar and Ors. vs. The Director Directorate of Enforcement New Delhi and Ors – Crl. O.P. No. SR 46376 of 2021 – 27.01.2022 – 2022-1-LW(Crl)251 – Mad-DB