July 17, 2021 at 11:32 pm #3243leaglesamikshaKeymaster
Criminal Procedure Code, 1973, provides two powers to police officers on receiving a complaint – to conduct a preliminary enquiry and/or to file a first information report.
Ques: What is the difference between preliminary enquiry and FIR?
July 17, 2021 at 11:33 pm #3244
Preliminary enquiry means,
if the information given by the complainant does not reveal
or disclose the commission of a cognizable offence by any person, but indicates the need
for an inquiry, preliminary inquiry may be conducted, for the sole purpose of ascertaining if the commission of a cognizable offence is taken place or not.
In case the preliminary inquiry discloses that a cognizable offence has been
committed then an FIR must be registered. In case the preliminary inquiry ends up in
closing the complaint, a copy of the entry of this closure must be supplied to the first
informant forthwith and not later than a week. The same must lay out reasons in brief for not proceeding further on behalf of the complainants complaint. Registering the FIR is mandatory if information disclosed indicates the commission of any cognizable offence. The police officer cannot avoid his duty of registering the offence if a cognizable offence is disclosed in the preliminary enquiry. With regard to the erring officers who do not
register the FIR on the information for commission of cognizable offence as received,
legal actions can be taken against them.
July 17, 2021 at 11:33 pm #3245
1. PRELIMINARY INQUIRY.
• Section 157 of Code of Criminal Procedure,1973 (CrPc) deals with the procedure of the preliminary inquiry.
• The objective of preliminary inquiry is to ensure that a criminal investigation process is not initiated as a frivolous and untenable complaint.
• A preliminary inquiry is only done to ascertain whether the information reveals the commission of cognizable offenses (A cognizable offense is one in which the police may arrest a person without a warrant. They are authorized to start an investigation into a cognizable case on their own and do not require any orders from the court to do so)
• If the inquiry discloses the commission of a cognizable offense, FIR must be registered.
2. FIR (FIRST INFORMATION REPORT)
• Section 154 of Code of Criminal Procedure,1973(CrPc) defines what amounts to the first information
• FIR is a written document prepared by the police when they receive information about the commission of the cognizable offense.
• FIR can be formed without preliminary inquiry in some of the offenses.
• Mandatory information disclosed indicated the commission of cognizable offenses.
• FIR is mandatory for the offenses to proceed with the investigation.
July 19, 2021 at 1:08 pm #3555
FIR stands for First Information Report. It is the first document which is prepared in criminal proceedings. Section 154 CrPC lays down the procedure for lodging an FIR. IT is a document which mentions the victims side of the story. Any person who has information about the admission of the cognizable offence can lodge an FIR. It should be filed in the police station of the concerned area in whose jurisdiction the offence took place.FIR is made to maintain a record of information of the cognizable offences which have been committed. It implies to the the complaint registered with police by plantiff or any person having knowledge of the cognizable offence. Any person who has the knowledge of a cognizable offence being committed can go to the police station and register an FIR after which the criminal proceedings could take place, it is not mandatory that only the victim can register an FIR but any person who is aware about the fact of the commission of a cognizable offence can get FIR registered.If the policeman refuses to register an FIR then one has an option to file a private complaint before the court having jurisdiction. One can bring the complaint to the notice of the superintendent of Police or any other concerned officer.
Case- Habib v/s State of Bihar- The court in this case states that the principle object of FIR which was to set the criminal laws in motion.
Section 157CrPC deals with the procedure of Preliminary Inquiry. It is an inquiry prior to the trial which is done for the purpose of indicating the criminal nature of offence or for the reason that whether the trials should start or not. This section deals with when a police officer receives information about which offence is a cognizable offence then he is accountable to make report of it and such report shall be sent to the magistrate of that jurisdiction. A preliminary inquiry is a hearing that takes place to determine that whether there is enough evidence to justify sending the case to trial. If the judge decides that there is not enough evidence then the judge will dismiss the case and discharge the accused who is there after free to go and if there is enough evidence then the judge will order that the accused stand trial and a trial date is set.
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