1[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 376B, section 376C, section 376D, section 376E or section 509 of the Indian Penal Code (45 of 1860) 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, 2[section 376A, section 376AB, section 376B, section 376C, section 376D, section 376DA, section 376DB], section 376E or section 509 of the Indian Penal Code (45 of 1860) 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.] ;
(b) the recording of such information shall be videographed;
(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 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.
STATE AMENDMENTS
Chhattisgarh
In first proviso to sub-section (1) of section 154 of the Code of Criminal Procedure (here-in-after referred to as the Code) for the words and figure “or section 509” the words, figures, letters and punctuations, “section 509, section 509A or section 509B” shall be substituted.
[Vide Chhattisgarh Act 25 of 2015, sec. 7.]
Arunachal Pradesh
Amendment of section 154.–In the first proviso to sub-section (1) of section 154 of the principal Act, for the words, figures and letters “section 326A, section 326B, section 354, section 354A, section 354B, section 354C, section 354D, section 376, section 376A, section 376B, section 376C, section 376D, section 376E or section 509 of the Indian Penal Code the words, figures and letters “section 326A, section 326B section 354, section 354A, section 354B, section 354C, section 354D section 376, section 376A, section 376AA, section 376B, section 376C, section 376D, section 376DA, section 376E or section 509 of the Indian Penal Code” shall be substituted.
In the sub-proviso (a) of the second proviso to sub-section (1) of section 154 of the principal Act, for the words, figures and letters “section 354, section 354A, section 354B, section 354C, section 354D, section 376, section 376A, section 376B, section 376C, section 376D, section 376E or section 509 of the Indian Penal Code” the words, figures and letters “section 354, section 354A, section 354B, section 354C, section 354D, section 376, section 376A, section 376AA, section 376B, section 376C, section 376D, section 376DA, section 376E or section 509 of the Indian Penal Code” shall be substituted.
[Vide Arunachal Pradesh Act 3 of 2019, s. 13]
Explanation
- Cognizable Offense: A cognizable offense is a crime that is serious enough to allow the police to arrest the accused without a warrant. Examples include murder, rape, theft, etc.
- Information: Information can be received in various forms, including verbal complaints, written complaints, and even anonymous tips.
- Recording: The police officer is required to record the information in a prescribed format, known as the “First Information Report” (FIR).
- Action: After receiving the information, the police officer is bound to take immediate action, which may include:
- Investigating the offense
- Apprehending the accused
- Initiating legal proceedings
Illustration
Suppose a person reports to the police that their car has been stolen. The police officer, upon receiving this information, is obligated to register an FIR, investigate the theft, and take necessary action to apprehend the thief.Common Questions and Answers
Q: Is it mandatory to register an FIR?
A: Yes, it is mandatory for the police to register an FIR upon receiving information regarding a cognizable offense.Q: What happens if the police refuse to register an FIR?
A: The person can approach the court for legal remedies, including a direction to the police to register an FIR.Q: Can an FIR be registered based on anonymous information?
A: Yes, an FIR can be registered based on anonymous information, but the police must verify the information before proceeding further.Q: What is the significance of an FIR?
A: An FIR serves as a formal record of the alleged crime, and it plays a crucial role in the investigation and prosecution of the case.
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