types of reporting; police/crime report?

Answer 1

When the Officer In charge of a Police
Station receives information orally relating
to commission of cognizable offence he
has to reduce it into writing or get it done
under his direction and every such
information whether given in writing or
reduced into writing should be signed by
the person giving it and the substance of
that shall be entered in the general dairy
of the station.
A copy of such recorded information
shall be given free of cost to the informant.
If the S.H.O. refuses to record it, the
informant may send such information to
District Superintendent of Police. The S.P.
if satisfied that the information discloses
a cognizable offence shall investigate the
case himself or direct any other
subordinate competent officer to
investigate the offence.
The important terms used in Sec.154
are :
a) Cognizable offence.
b) S.H.O.
c) General Diary :
The register
prescribed by the Govt. for recording
the substance of information, etc.
Sec – 2(c):- Cognizable offence means
an offence for which a Police Officer has
authority to arrest without warrant.
The S.H.O. should be thorough with
the classification of offences to identify as
to what offences are cognizable and non-
cognizable.
Schedule I of the Cr.P.C. classifies all the
offences of I.P.C.
Classification II of Schedule I classifies
the offences under other penal Laws if
there is no specific provision in that Act
stating whether the offence is cognizable
& non-cognizable. According to it, if the
offence is punishable with 3 years or more
than three years such offences are called
as cognizable and non-bailable one,
otherwise it is Non-cognizable and
bailable.
Sec. 2(o) of Cr.P.C. Explains the
S.H.O. (OIOPS):- S.H.O. includes in his
absence the Police Officer present at the
Station House who is next in rank to such
officer and is above the rank of constable.
The Govt. of A.P. issued notification
directing that in the absence of H.Cs the
senior most constable who is present in
the P.S. can act as S.H.O. for registering
the case.
Sec. 44 of Police Act 1861, defines
General Diary: It is also called as
station House Diary. All the proceedings
relating to a crime which are to be
recorded in the station diary viz. name of
the complainant, accused, registering of
the case, arrest of the accused, producing
the accused in the court, seizure of
articles, etc.

Important Points
(1)
For registering a case two
provisions Viz. 154 and 157 Cr.P.C. will
be invoked. As per section 154 (1) Cr.P.C
substance of information is only recorded.
After recording such information the Police
Officer has to prepare a report by filling
all the columns in the printed F.I.R. and
forth with send such F.I.R form along with
original petition filed by the informant to
the court u/s. 157 (1) Cr.P.C. Then only it
can be said the case has been registered.
(2)
For registering a case prima facie
the facts which constitute the information
shall be only a cognizable offence and
none else. It is not required to see (a)
territorial jurisdiction about the place of
occurrence, (b) subject matter whether
it is an offence under I.P.C. or Special &
Local Law.
Though there are other
departments established to deal with
offences under Special & Local Laws, the
Police’s power to take cognizance is not
deprived unless there is a specific
provision in that Special and Local Law
debarring the police.
3)
The status of the officer for
registering a case must be the rank of
S.H.O only. Any Police Officer of such rank
can register a case. If there is any special
provision in the Special & Local Law
stating the rank, then such ranked officer
or his superior only shall register a case.
While the SHO is present in Police Sation,
if the sentry constable receives
information relating to cognizable
offence, it does not amount to first
information. The information received by
the SHO only is called as First
Information.
4.
Pre-enquiry is not required to
ascertain whether information is genuine
or false to record the first information. If
the information turns to be false the
informant will be punished U/ss.182 & 211
IPC. The S.H.O. is bound to register a
case, if the received information is
pertaining to a cognizable offence.
Otherwise it is dereliction of duty and
liable to be punished Police Act. If it
is done with an intention to help the
accused, he is liable to be punished
U/s. 217 IPC. But for offences relating to
corruption under P.C. Act, pre-enquiry
may be conducted prior to registration of
the F.I.R. It is based upon the judgment
of Hon’ble Supreme Court to protect a
public servant from unnecessary
demoralisation, in case information turns
out to be false.
5)
If the information is vague,
incomplete and indefinite, make G.D.
entry and after getting clear information
register a case by incorporating the first
recorded information.
6)
Telephone message & telegram
message basing on such information a
case cannot be registered, unless the
informant is known & identified and
message is clear. If a case is registered
basing on a clear telephone information
and informant is known, the S.H.O. has
to sign at the place of informant signature
stating the reasons for not obtaining his
signature.
7)
No need to register a case on
anonymous letters and if the officer
thinks it necessary he has to register a
Suomoto case. In certain circumstances
if no one has come forward to furnish
information but the physical appearance

or information from other sources reveals
a cognizabale offence, the S.H.O. can
register a suomotu case and proceed
without waiting for the petition. Some
times if there is a threat to informant, a
Suomoto case can be registered.The
police officer need not to disclose the
name of the informant even to the court
when asked by the court as there is a
protection under section 125 of Indian
Evidence Act.
8) There is no rule that the injured or
eye-witness should lodge an F.I.R. A
first information report, which sets the
process of Law in motion, can come
from any quarter including accused
person.
9)
FIR does not require to have all the
facts of the occurence . The substance of
the information constituting an offence
is sufficient. But if first information is
furnished either by the injured or eye-
witness, it must contain all the material
facts. If any material fact is missing in it
and later during the time of deposing
evidence in the court, the missing fact
is brought for the first time, the court may
get suspicion over such evidence. So if
the information is lodged by the injured
or eye-witness the material facts of the
incident should not be missed. Otherwise
it will give scope for material omissions,
contradictions and improvements. As a
result the value of the evidence given by
the first informant is decreased.
10)
Delay in lodging first information
report is fatal to the prosecution as there
is scope for concoction or adding
coloured version. The court will be very
careful to act on such information. If
reasons for the delay is explained and it
appears to be natural the defect can be
cured. It is the duty of I.O. to ascertain
from the informant why the delay has
been occurred in furnishing first
information. The transaction of recording
of first information begins from the time
when the informant enters into PS and
concludes when the I.O makes
endorsement on the report of first
information. During this time if I.O gets
any more information on his questioning
the same should be recorded by the I.O
and obtain his signature. Which is also a
part of the first information.
11)
The other object of first in time in
reporting to Police Officer is to make
necessary strategy for proceeding with
investigation and nature of evidence
to be collected by the I.O. So, if the
delay is not explained, all the above
objects will be lost and it creates
doubt in the mind of court.
(12) There should not be any delay in
dispatching the F.I.R. to the court. If there
is any inordinate delay in dispatching the
F.I.R. to the court, the court suspects the
integrity of the information and police, and
further thinks that it is an antidated
F.I.R.i.e. F.I.R. issued subsequently by
putting previous date.
(13) A single incident between two
groups, and two different versions are
given by two groups, the S.H.O. shall
register two separate F.I.Rs.
After
investigation he will file one charge
sheet against the erring group.
14)
In general the Hon’ble High Court
will not interfere at the stage of F.I.R.
unless their is serious miscarriage of
Justice. The Hon’ble High Court exercises
its inherent powers u/s 482 Cr.P.C. for
quashing F.I.R.

15) Evidentiary Value of F.I.R.:- It
can be used for corroboration by the
prosecution U/s 157 I.E.A and for
contradiction by the accused U/s. 145
I.E.A. and it can also he used to impeach
the credit of the maker U/s. 155 I.E.A.

Answer 2

1

Answer 3

As a popular rule, something indexed in a police record is considered "public information". So, particularly a lot anybody can bypass to the police station and get a replica of the record. (There are some barriers on what is going to be released in comments; i.e. sufferer's manage, social safe practices numbers, etc. yet this varies with the help of each man or woman state.) besides the undeniable fact that, if an employer runs a historic past examine it in straightforward words shows what crimes you've been arrested and convicted of. So, in case you've been no longer arrested and in straightforward words wondered contained in the count number it shouldn't happen everywhere. yet, in case you've been word for a job with an employer like the State Police, FBI, etc. they could do a more effective thorough historic past examine which contains contacting the police departments in any section you've before / at present stay and they could be in a position to achieve get acceptable of entry to to that information. If each thing you stated is actual and also you've been no longer charged with a criminal offense then i'd not sweat it too a lot.