Name:- Arpan Chakraborty.
Intern at ubAdvocate.
Email:- arpan.chakraborty292003@gmail.com
contact No.:- 9831156213.
Date:- 01-02-2022
Dear, MANISH KUMAR.
Section 154, which empowers Police to prepare and serve a First Information Report. For
every criminal offense, an FIR would be lodged within 48 hours of the date of commission of
the offense. The Police officers must complete an FIR within 24 hours of receiving the
complainant's complaint and the FIR should be recorded in the relevant police station. Also,
under Section 154(1) when the accused are not present at the time of filing of the FIR then
the FIR can be sent for their arrest, and if after two weeks of the arrest of the accused, or two
days after the arrest of the accused is in custody, he can challenge it. If he has an objection,
the FIR can be sent for trial within 10 days or after a warrant of arrest is issued. The FIR may
be challenged or withdrawn. But if the FIR could have been registered in a year but was
challenged by the accused, only a prosecution can be filed at the appellate stage. In the
Supreme Court judgment in the recent case of Anjana Nagaraj and many others, the
importance of furnishing an FIR on the spot and the necessity of recording statements cannot
be emphasized enough. The accused must be immediately presented before the police, to
record his statement, that is to say, before they do anything, a condition that was recently
reiterated in the recent order of the Supreme Court. There is nothing more urgent for the
police to do than to record the accused's statement and to take immediate steps to book the
person under remand when he is already in custody. It's for the same reason that the Supreme
Court in Anjana Nagaraj held that making available to the victim a statement made by the
person booked and keeping in safe custody, would assist the victim in filing and prosecution
of FIR when the accused is a non-Indian. The accused must be kept in the custody of the
police for the entire duration from the time of filing the FIR for purposes of providing a
proper opportunity to investigate and record his statement. The police have all the
information needed about the basis for filing a case and for recording the statement as the
investigation would have been properly done. The police can decide to refuse to file a first
information report at times, which can both be legal and illegal. It will be deemed legal in the
absence of jurisdiction or the lack of legal capacity to do so or if the offense is not
cognizable. However, when the police refuse to file the complaint about obvious reasons,
without any substantial legal basis, it is against the law. When a police officer refuses to
register the FIR because it discloses a non cognizable offense, he should inform the informant
and direct him to approach the magistrate. If the offense committed is beyond the territorial
many others, the importance of furnishing an FIR on the spot and the necessity of recording
statements cannot be emphasized enough. The accused must be immediately presented before
the police, to record his statement, that is to say, before they do anything, a condition that was
recently reiterated in the recent order of the Supreme Court. There is nothing more urgent for
the police to do than to record the accused's statement and to take immediate steps to book
the person under remand when he is already in custody. It's for the same reason that the
Supreme Court in Anjana Nagaraj held that making available to the victim a statement made
by the person booked and keeping in safe custody, would assist the victim in filing and
prosecution of FIR when the accused is a non-Indian. The accused must be kept in the
custody of the police for the entire duration from the time of filing the FIR for purposes of
providing a proper opportunity to investigate and record his statement. The police have all the
information needed about the basis for filing a case and for recording the statement as the
investigation would have been properly done. The police can decide to refuse to file a first
information report at times, which can both be legal and illegal. It will be deemed legal in the
absence of jurisdiction or the lack of legal capacity to do so or if the offense is not
cognizable. However, when the police refuse to file the complaint about obvious reasons,
without any substantial legal basis, it is against the law. When a police officer refuses to
register the FIR because it discloses a non cognizable offense, he should inform the informant
and direct him to approach the magistrate. If the offense committed is beyond the territorial
jurisdiction of a police station, information must be recorded and sent to the proper police
station that has jurisdiction. Refusal on this ground will amount to dereliction of duty.
As per Sec. 155(1) of the Cr.P.C., if a police officer receives information about the
commission of a non-cognizable offense committed in the jurisdiction of the police station,
he should enter the substance of the case in the station diary and refer the informant to
approach the concerned Magistrate.
Further at the end of my task I would like to Mention that my opinion is based on the
YouTube link of Mr. Jeevan Prakash AOR, Supreme Court.
Arpan Chakraborty.
Intern at ubAdvocate.
