Criminal

Information of Crime

DMR

Introduction to the power of Investigation on Information

In State of West Bengal & Ors. vs. Swapan Kumar Guha & Ors. (AIR 1982 SC 949) wherein this Court examined somewhat a similar question in the context of the powers of the Court.

The learned Chief Justice, Y.V Chandrachud and Justice A.N. Sen, speaking for the Bench in their concurring opinion held as under: “Whether an offence has been disclosed or not must necessarily depend on the facts and circumstances of each particular case. If on a consideration of the relevant materials, the Court is satisfied that an offence is disclosed, the Court will normally not interfere with the investigation into the offence and will generally allow the investigation in the offence to be completed for collecting materials for proving the offence.

The condition precedent to the commencement of investigation under S.157 of the Code is that the F.I.R. must disclose, prima facie, that a cognizable offence has been committed. It is wrong to suppose that the police have an unfettered discretion to commence investigation under S.157 of the Code. Their right of inquiry is conditioned by the existence of reason to suspect the commission of a cognizable offence and they cannot, reasonably, have reason so to suspect unless the F.I.R., prima facie, discloses the commission of such offence. If that condition is satisfied, the investigation must go on. The Court has then no power to stop the investigation, for to do so would be to trench upon the lawful power of the police to investigate into cognizable offences


Section 154 of Cr.P.C
It is Chapter XII of the Code, which deals with „information‟ to the  police and the power of the police to conduct „investigation‟. Ordinarily,  it is the First Information Report, which sets the machinery of law in motion.  Let us, therefore, consider, first, the provisions contained in Section 154 of  the Code.
Informing Cognizable Offence to Police
Informing Cognizable Offence to Magistrate
Informing Non-Cognizable Offence
Information to the Protection Officer for Domestic Violence
Writ petition  for registration of FIR
Second FIR
Preliminary inquiry before registering information
Delay in reporting Information
Information  supplied by 
  • Information  by Hospital authority and passed on to police
  • Injured Victim before Death
  • Mother of the Victim
  • Public Servant
  • Officer -in -Charge of the police station
  • Corporation

Additional information and supplementary statement

FIR by CBI

 Specific Information 
  •  Rape Case
  •  Murder Case
  • Theft
  • Robbery & Dacoity
  •  under NDPS Act
  • under Anti Corruption Act
  • Under Maharastra Control of organised crime Act and like

Dying Declaration Recorded at 8.00PM and FIR lodged at 9.00PM

Information as a apiece of Evidence
  • Proving FIR
  • Examining the Police officer recorded FIR
  • Exhibiting and marking FIR

GD Entry converted in to FIR

Prompt sending of FIR to Magistrate

Magistrate`s endorsement on receiving FIR

Ingredients of Information

Ommissions in Information

Information against
  • Public Servant
  • Chief Minister
  • Judge
  • Company
  • Minor
  • Foreigner
Quashing FIR by High Court