On this page you will read detailed information about Section 154 CrPC.
As a citizen of India, you have the right to report a cognizable offense to the police and have it duly investigated. Under Section 154 of the Criminal Procedure Code (CrPC), it is the duty of the officer in charge of a police station to reduce your complaint to writing and commence an investigation into the matter. When drafting a complaint under this section, you must provide all relevant details like the time, place and nature of the incident. Ensure your complaint clearly mentions the offenses committed, as the police are bound to register only cognizable cases. If the officer refuses to lodge your complaint, you may approach the Superintendent of Police or a Judicial Magistrate for appropriate directions. With this brief background, let us understand the procedure to file a complaint under Section 154 CrPC.
What Is Section 154 CrPC?
Section 154 of the Code of Criminal Procedure (CrPC) in India deals with the procedure for filing a police complaint. It states that when information about the commission of a cognizable offense is given orally or in writing to an officer in charge of a police station, he shall enter the substance thereof in a book prescribed by the State Government in that behalf, hereinafter referred to as the “general diary”, and refer the information to the police officer of the concerned police station.
Recording of Complaint
The police officer to whom such information is given or referred shall enter in the general diary the substance of such information and refer the information to the Investigation Officer (IO) of the concerned police station. The IO will then investigate the matter in detail and take necessary actions as per the provisions of CrPC.
Types of Complaints
There are two types of complaints that can be filed under Section 154 CrPC:
- Cognizable Offense: For serious crimes like murder, rape, kidnapping, etc. the police can take action on its own by registering a First Information Report (FIR).
- Non-Cognizable Offense: For less serious crimes like simple assault or criminal intimidation, the police cannot take action on its own. They need a court order before registering an FIR.
Importance of Section 154
Section 154 CrPC is important as it sets in motion the criminal justice delivery system in India. The FIR is the first step to any criminal investigation. It provides the details of the crime and names of the accused, victims, witnesses, etc. The FIR helps the IO to start investigating the matter to collect further evidence. It is also useful for the accused to know the allegations against them and prepare their defense. Overall, Section 154 CrPC aims to provide a fair and transparent procedure for initiating criminal investigation in India.
When to File a Complaint Under Section 154
As an individual, knowing when and how to file a complaint under Section 154 of the Code of Criminal Procedure (CrPC) is important to understand your legal rights. According to Section 154, when information is given to an officer in-charge of a police station in the form of a complaint regarding the commission of a cognizable offense, he shall enter the substance thereof in a book prescribed by the State Government.
Therefore, you must file a police complaint under Section 154 CrPC when you have information about a cognizable offense, which the police can investigate without requiring a magistrate’s permission. Cognizable offenses include serious crimes like murder, rape, kidnapping, theft, burglary, etc. To file a complaint, you must provide the relevant details about the offense like the time, place of occurrence, names of accused, witnesses, etc. to the officer in-charge of the police station.
Once your complaint is registered, the police will start investigating the matter. The police may visit the crime scene, interrogate suspects and witnesses, collect evidence, etc. as part of the investigation. If the investigation reveals sufficient evidence, the police will file a chargesheet in the court against the accused. The court will then frame charges and commence trial. However, if the investigation does not yield sufficient evidence, the police may drop further action and close the case.
In some cases, the police may refuse to register your complaint. This can happen if they find that the alleged offense is non-cognizable or the complaint is motivated, frivolous or made with the sole intention of harassing someone. In such a situation, you can send your complaint in writing to the Superintendent of Police. If still no action is taken, you can approach a Judicial Magistrate and file a criminal complaint under Section 190 CrPC. The Magistrate may order the police to investigate the complaint or conduct a judicial inquiry.
Therefore, knowing your rights and the proper procedure to file a police complaint can help you seek justice when a crime is committed. Following the steps outlined under Section 154 CrPC and being persistent in your pursuit will increase the chances of your complaint being registered and investigated.
Procedure for Filing a Complaint
To file a police complaint under Section 154 of the Criminal Procedure Code (CrPC) in India, you must visit the nearest police station to report the alleged offense.
Submit a Written Complaint
Upon arriving at the police station, you must submit a written complaint, also known as a First Information Report (FIR), to the Station House Officer (SHO). The SHO may be the Inspector In-charge or Sub-Inspector In-charge. Your written complaint should include:
- The date, time, and location of the alleged incident
- The names and addresses of the accused individuals (if known)
- A detailed description of the events that transpired
- The names and addresses of any witnesses to the incident
In the previous post, we had shared information about An Overview of the Rights of Persons With Disabilities Act, 2016, so read that post also.
Double check that all details in the complaint are accurate before signing and submitting it.
FIR Registration
The SHO will review your written complaint to determine if an offense is made out under the Indian Penal Code. If so, the SHO will register an FIR and provide you with a copy of the same for your records. The SHO may also direct subordinate police officers to visit the crime scene for further investigation.
Investigation
After the FIR has been registered, the police will begin investigating the matter. This includes recording statements from the complainant, witnesses and the accused; collecting evidence from the crime scene; conducting searches; and obtaining warrants for the arrest of the accused. The police are required to complete the investigation without unnecessary delay.
Charge Sheet
Once the investigation is complete, the police will submit a final report called a “charge sheet” before a Magistrate. The charge sheet will summarize the findings of the police investigation and specify the offenses the accused individuals have been charged with. The Magistrate will then take cognizance of the charges and initiate judicial proceedings against the accused.
By meticulously following the proper procedure for filing a complaint under Section 154 CrPC, you can expect a fair and judicious police investigation into the alleged criminal offense. However, if at any stage you believe the SHO has wrongly refused to register your FIR, you may approach the Superintendent of Police or a Judicial Magistrate to seek appropriate directions and relief.
Information to Be Provided in the Complaint
When filing a police complaint under Section 154 of the Criminal Procedure Code (CrPC), you must provide accurate and comprehensive information to facilitate appropriate action by the authorities.
Your identity
You must provide your full name, age, address, and occupation. This allows the police to identify you as the complainant and contact you if needed during the investigation or trial.
Identity of the accused
If known, include the name, age, address, and other details of the person(s) accused of the offence. However, do not make false accusations against anyone.
Details of the incident
Describe in detail the events constituting the alleged offence. Include the location, date, and time of occurrence. Mention the exact sequence of events and specific actions of the accused that you believe amounted to a crime. Provide the names and contact information of any witnesses to the incident.
Evidence of the offence
Submit any relevant evidence in your possession that could support your complaint, such as photographs, video footage, electronic records, letters, medical reports, etc. While not always necessary, concrete evidence can strengthen your complaint. However, do not tamper with or fabricate any evidence.
Sections of law violated
Consult a legal expert to determine which provisions of the Indian Penal Code (IPC) or other laws apply to the alleged actions of the accused. Mention these in your complaint so the police can investigate the appropriate charges.
Relief sought
Specify the relief you are seeking, such as initiating criminal prosecution, recovering monetary damages, or any other remedy. This helps the police and judicial authorities provide you appropriate legal recourse if your complaint is found substantive.
Providing accurate and detailed information in your police complaint is essential to facilitating a fair legal process. Be cooperative and truthful to achieve justice in a responsible manner.
What Happens After Filing the Complaint
After lodging your police complaint under Section 154 of the CrPC at your local police station, the police are obligated to register and acknowledge your complaint.
Verification of Complaint
The police will first verify the authenticity of your complaint by examining any evidence you provide and may question you further on the details. If they find the complaint to be genuine and credible, they will officially register it in the station diary.
FIR Registered
An First Information Report (FIR) will be registered based on the details in your police complaint. The FIR contains information such as the nature of the offense, location of occurrence, names of accused (if known), and other relevant details. You have the right to obtain a copy of the FIR for your records.
Preliminary Investigation
The police will conduct a preliminary investigation into your complaint by visiting the location of the offense, gathering evidence, questioning any witnesses, and attempting to identify suspects. The investigation aims to determine whether a cognizable offense has been committed that warrants further legal action.
Case Filed in Court
If the police investigation finds sufficient evidence and reason to believe an offense has been committed, they will file a chargesheet in the appropriate court, such as the Magistrate Court. The court will review the findings and officially register a criminal case to be tried based on your complaint.
Arrest of Accused
The police may arrest the accused person(s) at any point during the investigation or trial based on the severity of the charges and evidence against them. The arrested accused will be produced before a judicial magistrate within 24 hours. They have the right to apply for bail, which the court may grant or deny based on the merits of the case.
In summary, filing a police complaint under Section 154 CrPC initiates the official legal process to investigate the reported offense and work towards providing you justice as per the law. While the process can often be slow, following up on your complaint and cooperating fully with the investigating authorities is the best way to see that action is taken.
Time Limit for Police to Take Action
Under Section 154 of the Code of Criminal Procedure, 1973, the police are required to register an FIR immediately when information relating to the commission of a cognizable offence is given to them. The police have no discretion in the matter of registering the FIR. However, there are certain time limits within which the police must take action once an FIR has been registered:
- The police are required to commence an investigation into the facts mentioned in the FIR without any delay. The investigation should be taken up immediately by the police after the registration of the FIR. Any unreasonable delay in starting the investigation could be construed as a violation of the statutory duty of the police.
- The police are required to complete the investigation expeditiously. Although there is no specific time limit prescribed for completing the police investigation, it should be done without undue delay. The factors like availability of witnesses, collection of evidence, examination of witnesses, etc. are relevant in determining what constitutes a reasonable period for completing the investigation.
- After completing the investigation, the police are required to file a final report under Section 173 CrPC before the Magistrate. The final report is to be filed within 60 days if the offence is punishable with imprisonment up to 10 years. For other offences, the final report is to be filed within 90 days. The time period for filing the final report can be extended by the Magistrate for sufficient reasons.
- Failure of the police to complete the investigation and file the final report within the prescribed time period amounts to denial of justice and violation of the right to speedy trial guaranteed under Article 21 of the Constitution. The accused person has the right to approach the higher courts to direct the police to complete the investigation expeditiously.
Overall, the statutory time limits and guidelines provided under the Code aim to ensure that the police take prompt action on the information of cognizable offences and the investigation process is fair, impartial and speedy. Any unreasonable delay, negligence or inaction on the part of the police can be subjected to judicial scrutiny.
Refusal to Register FIR
The police officer in charge of a police station is required under Section 154 of the Code of Criminal Procedure (CrPC) to register a First Information Report (FIR) on receiving any information about the commission of a cognizable offense. However, in some cases, the police may refuse to register an FIR. This is illegal and a violation of the law.
If the police officer refuses to register your FIR for whatever reason, you should not argue or get into an altercation with them. Remain calm and composed, and take the following steps:
You may first speak to the Station House Officer (SHO) or higher officials at the police station and file a written complaint explaining the details of the incident and that you wish to file an FIR. Politely but firmly insist on registering the FIR. If they still refuse, send the complaint by registered post to the SHO and Superintendent of Police (SP) to have written proof of your attempts.
You may file a complaint before the Judicial Magistrate under Section 156(3) CrPC, requesting the court to direct the police to register the FIR and conduct a proper investigation. Provide all details of the offense, evidence, and the police refusal to the magistrate.
As a last resort, you can file a writ petition in the High Court under Article 226 of the Constitution, seeking direction to the police to register the FIR. The High Court has the power to issue directions, orders or writs to any person or authority, including the police.
While refusal to register an FIR is illegal, in exceptional circumstances the police may have valid reasons to delay or avoid registration. However, they must inform you of the reasons in writing and you have the right to challenge them before a magistrate or the High Court. Following the proper procedures and remaining persistent yet composed can help overcome an unlawful refusal by the police to register your FIR.
Remedies Available if Police Refuse to File FIR
As per Section 154 CrPC, the police officer in charge of a police station is legally obligated to file an FIR upon receiving any information relating to the commission of a cognizable offense. However, there are instances when the police refuse to register an FIR, either due to political pressure, lack of evidence or other reasons. In such cases, the following remedies are available:
Complaint to the Superintendent of Police
You can send a written complaint to the Superintendent of Police regarding the refusal of the police officer to register the FIR. The SP is empowered to direct the concerned police station to register the FIR if he finds the complaint genuine. You should provide all details of the incident, names of the accused if known and reason cited by the police for not filing the FIR. The SP is obliged to take necessary action on your complaint.
Approach the Judicial Magistrate
As per Section 156(3) CrPC, you can file a complaint before the Judicial Magistrate detailing the cognizable offense and requesting directions to the police for proper investigation. The Magistrate may order the police to register the FIR and proceed with the investigation. You will need to provide prima facie evidence of the commission of the offense for the court to issue directions.
File a Private Complaint
If the police and Magistrate both fail to order registration of FIR, you can file a private complaint directly in the court of Judicial Magistrate under Section 190 CrPC. The court will examine the complaint and evidence to determine if there are sufficient grounds for proceeding against the accused. If satisfied, the court shall take cognizance of the offense and initiate legal proceedings against the accused.
Approach the High Court
As a last resort, you can file a writ petition in the High Court against the failure of the police and Magistrate to register the FIR and order an investigation. The High Court has the power to issue appropriate directions to the police and subordinate courts to take necessary action as per law. You will need to provide concrete evidence in support of your allegations for the High Court to pass orders in your favor.
FAQs on Section 154 CrPC: Your Most Pressing Questions Answered
When filing a complaint with the police in India under Section 154 of the Code of Criminal Procedure (CrPC), several questions may arise regarding the process and your rights. This section addresses some of the most frequently asked questions to provide clarity on this legal procedure.
A complaint can be registered for any cognizable offense, meaning an offense for which the police are authorized to make an arrest without a warrant and begin an investigation. Cognizable offenses include serious crimes like murder, rape, kidnapping, theft, burglary, etc.
The complaint should include specifics about the alleged cognizable offense such as the time and date of occurrence, location, names of accused persons, witnesses, and any other relevant details that may aid the police in their investigation. Written complaints are preferred but verbal complaints are also accepted.
Yes, complaints can be filed through an agent or on behalf of another person. However, the complainant should have first-hand knowledge about the alleged offense, not merely hearsay information. The police may require additional details to verify the credibility of the complaint.
Upon receipt of a complaint under Section 154 CrPC, the police are obligated to register the complaint in the station diary and provide a free copy of the First Information Report (FIR) to the complainant. The police must then conduct a proper investigation into the alleged offense without unreasonable delay. Failure to register a complaint or conduct an investigation may make the police officer liable for departmental action.
While the legal process in India can seem complicated, understanding your rights under Section 154 CrPC is important to pursue justice. Do not hesitate to ask follow up questions to the police or a legal advisor to ensure your complaint is properly addressed according to the law. Staying informed and engaged in the process will help put you at ease through what can often be a difficult situation.
Conclusion
You now understand the procedure for filing a First Information Report under Section 154 CrPC. This provision allows any person who is aware of a cognizable offense to provide the information to the police station with jurisdiction over the area where the crime occurred. The police officer is required to reduce the complaint into writing and commence an investigation. However, refusal to file an FIR can be challenged by approaching senior officers or the judiciary. Being aware of your rights as a complainant will ensure that prompt action is taken when an FIR is filed. Utilize this knowledge to report offenses and aid the justice process. With public participation, we can build fairer communities.
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