Question
Under Section 154 of the CrPC, what is a First Information Report (FI
- R , and what recourse does an informant have if the officer-in-charge of a police station refuses to record the FIR?
Solution
Section 154 of the CrPC mandates that every information relating to the commission of a cognizable offence, if given orally to a police officer, shall be reduced to writing, read over to the informant, and signed by them this document is the First Information Report (FIR). If the officer-in-charge refuses to record the FIR, Section 154(3) provides that the aggrieved person may send the substance of such information in writing and by post to the Superintendent of Police. If the Superintendent of Police is satisfied that the information discloses a cognizable offence, he shall either investigate the case himself or direct an investigation by a subordinate officer. Additionally, the Supreme Court in Lalita Kumari v. Government of Uttar Pradesh (2013) held that registration of FIR is mandatory upon receipt of information disclosing a cognizable offence, and police officers have no discretion to refuse registration. A copy of the FIR must be given free of cost to the informant under Section 154(2).
- What is the time limit for holding of a Financial Asset, to be called Short Term Capital Asset?
- According to Section 6Â of Slae of Goods Act , which of the following correctly describes "existing goods" in a sale?
- Who shall be competent to make Rules for levy of process fee under Section 20 of the Court Fee Act, 1870?
- A pawnee can exercise the right of retainer ___________
- Under the Hindu Succession Act, if an intestate has left no qualified heir to succeed to their property, what happens to the property?
- Which one of the following under Indian Evidence Act is not a kind of estoppel?
- The schedule to PMLA is divided into how many parts?Â
- The articles of a company may confer on its Board of Directors the power to appoint any person, other than a person who fails to get appointed as a directo...
- Which of the following is not true about possession as per S.5 of the Specific Relief Act, 1963?
- The SPS Agreement references three standard-setting bodies known as the “Three Sisters”. Which of the following is not a part of Three Sisters ?