Archive for the ‘Criminal’ Category.

What is a FIR?

Section 154 of the Code of Criminal Procedure 1973 deals with the formalities pertaining to the recording of the First Information Report, or more popularly known as FIR. When information relating to the commission of a cognizable offence, is given orally to an officer in charge of a police station, it shall be reduced into writing by him or under his direction. The matter so written shall be read over to the informant and such information whether given in writing or reduced to writing shall be signed by the person giving the said information. The substance of the said information shall be entered in a book to be kept by such officer.

A copy of the FIR shall be given immediately to the person who gives the information, free of cost. The said officer shall immediately send a copy of the FIR to the jurisdictional magistrate. The police officer has no power to refuse the registration of an FIR. Further there shall be no delay in registering the FIR. If the police officer refuses to register an FIR, then the aggrieved person can approach the superior officers.

The officer in charge of a police station can investigate a cognizable offence without the order of a magistrate. Investigation of a cognizable offence comes after the registration of FIR. After the receipt of an FIR, the officer in charge of a police station, shall proceed in person or depute one of his subordinate officers to proceed to the spot to investigate the case and if necessary, to take measures for the discovery and arrest of the offender.

Public Prosecutors

Every criminal case registered in a police station, will be treated as a state case and in the ordinary course, it will be the government which will take up the case on behalf of the complainant. The public prosecutors conduct such criminal cases in the courts on behalf of the Government and the Complainant.

For every high court there will be a Public prosecutor as well as Additional Public Prosecutors who will be appointed by the Central Government as well as the state Government to conduct their cases. For every district, the state Government shall appoint a Public prosecutor as well as Additional public prosecutors. Only an advocate with a practice of a minimum of seven years can be appointed as a Public prosecutor.

In sensational criminal cases, the State Government may appoint an advocate as a Special public Prosecutor. The said person shall have a minimum practice of 10 years as an advocate.

The State Government shall appoint in every district, one or more Assistant Public Prosecutors for conducting prosecutions in the Courts of Magistrates.