Section 154 of Code of Criminal Procedure, 1973
Section 154 of Code of Criminal Procedure, 1973 deals with Information in cognizable cases.
From the Act
(1) Every information relating to the commission of a cognizable 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.
(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 subsection (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.
Related Case Law / Related Cases / Case Law
- Lalita Kumari v Government of Uttar Pradesh and Others, Criminal Original Jurisdiction, Writ Petition (Criminal) No 68 OF 2008, Supreme Court of India judgement dated November 12, 2013: The Supreme Court held that:
- i)Registration of FIR is mandatory under Section 154 of the Code, if the information discloses commission of a cognizable offence and no preliminary inquiry is permissible in such a situation.
- ii) If the information received does not disclose a cognizable offence but indicates the necessity for an inquiry, a preliminary inquiry may be conducted only to ascertain whether cognizable offence is disclosed or not.
- iii) If the inquiry discloses the commission of a cognizable offence, the FIR must be registered. In cases where preliminary inquiry ends in closing the complaint, a copy of the entry of such closure must be supplied to the first informant forthwith and not later than one week. It must disclose reasons in brief for closing the complaint and not proceeding further.
- iv) The police officer cannot avoid his duty of registering offence if cognizable offence is disclosed. Action must be taken against erring officers who do not register the FIR if information received by him discloses a cognizable offence.
- v) The scope of preliminary inquiry is not to verify the veracity or otherwise of the information received but only to ascertain whether the information reveals any cognizable offence.
- vi) As to what type and in which cases preliminary inquiry is to be conducted will depend on the facts and circumstances of each case.
- The category of cases in which preliminary inquiry may be made are as under:
- a) Matrimonial disputes/ family disputes
- b) Commercial offences
- c) Medical negligence cases
- d) Corruption cases
- e) Cases where there is abnormal delay/laches in initiating criminal prosecution, for example, over 3 months delay in reporting the matter without satisfactorily explaining the reasons for delay.
- Surender Kaushik and Others Vs State of Uttar Pradesh and Others, Criminal Appeal Jurisdiction, Criminal Appeal No. 305 OF 2013, Supreme Court of India judgement dated February 14, 2013
- Anju Chaudhary Vs State of U P and Another, Criminal Appellate Jurisdiction, Criminal Appeal No. OF 2012 (Arising out of SLP (Crl) No.9475 of 2008), Supreme Court of India judgement dated December 13, 2012
- V.K. Sasikala Vs State represented by Superintendent, Criminal Appeal No. 1497 of 2012, Supreme Court of India judgement delivered on September 27, 2012
- V.N. Pachaimuthu Vs The Superintendent of Police, Villupuram District, Villupuram and Ors 2012 (3) CTC 291
- Jai Prakash Singh Vs State of Bihar and Anr (2012) 4 SCC 379
- State of Telangana v Habib Abdullah Jeelani and Others, Criminal Appeal Jurisdiction, Criminal Appeal No. 1144 OF 2016, Supreme Court of India judgment dated January 6, 2017
Related Sections from the Act
- Section 155: Information as to non-cognizable cases and investigation of such cases