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Report No. 152

Chapter 8

First Information Report and Inquiry

8.1. Introduction.-

Chapters 12 and 13 of the Code of Criminal Procedure, 1973 lay down the procedure for investigation of the offence and trial of the accused. The police machinery is ignited on receiving information relating to the commission of an offence. Such information, if relating to a cognizable offence, is recorded under section 154 and if the information is non-cognizable, it is recorded under section 155. Both these sections are important, as, if the scheme of the section is carried out in its fullness, the machinery of criminal process at the pre-trial stage (arrest, interrogation, investigation, forwarding of the report to the court) is set in motion.

On receiving information of a cognizable offence under section 154, the police has power to investigate without order of any court, whereas under section 155 the police officer has no power to investigate non-cognizable offence without the order of a magistrate. Any information relating to the commission of a cognizable or non-cognizable offence if given to the police must be recorded in accordance with sections 154 and 155. Generally, this is not done and it is, more so, in the case of custodial crimes. We propose in the succeeding paragraphs of this chapter to examine some of the factors contributing to the above situation and to suggest such measures by way of law reform as appear to be necessary.

Custodial Crimes Back

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