Section 154 CrPC: Information in Cognizable Cases
1. The Code
Section 154 of the Code of Criminal Procedure (CrPC), 1973, deals with the procedure for receiving information related to cognizable offenses. It mandates that every police officer, upon receiving information about the commission of a cognizable offense, must record the information and take necessary action.
2. 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
3. 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.
4. 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.
