unacademy ‘Test Preparation > UPSC > UPSC CSE > Practice & Strategy > Preparation Strategy > Strategy for Mains Code of Criminal Procedure, 1973 LESSON 6 OF 28 Download the Unacademy Learning App to watch this and over 200k more lessons in UPSC, SSC CGL, GATE, Google Play ff @ App Sto CAT and many more categories.CODE OF CRIMINAL PROCEDURE, a 1973 By: SIDDHARTHA SRIVASTAVA NATIONAL LAW UNIVERSITY (2015)INVESTIGATION © Chapter 12 of CrPc. ® Sec 2(h) - Collection of evidence conducted by a police officer or by any person (other than a magistrate) who is authorized by a magistrate in this behalf. © FIR is filed under Sec 154 for cognizable offences and process starts through Sec 156. © For Non Cognizable offences, Non cognizable report filed u/s 155, and process also in the same section. unacademy© unacademy NON COGNIZABLE CASES - SEC 155 Information , NCR filed Ma eee for Received aaa ~ a permission to investigate Cognizance Permits Ch) TaN exvarey-TaoNn) complaint© unacademy COGNIZABLE CASES - SEC 156 Information Investigation Received started directly Complaint Cognizance made to on Complaint ai or order investigationJURISDICTION TO INVESTIGATE IN © unacademy Area MFetea wero l oy has the jurisdiction Offence committed NK Report can be filed in both the police stationsF.I.R.- SECTION 154 © Information with respect to a _ cognizable offence. Reduced into writing and signed by both complainant and police officer. © Upon refusal to file FIR, complainant can move to Superintendant of Police who can order registration of FIR and subsequent investigation. ® Lalita Kumari v. State of U.P. - Police officer is duty bound to register the FIR and he can refuse to investigate if the FIR is found to be false or frivolous. unacademy@ unacademy ASPECTS OF FIR Evidentiary Value “ON Substantive evidentiary Procedural Value evidentiary value Sec 8, Sec 21, Sec 157,145,159 Sec 32(1)ASPECTS ® Telephonic FIR - Surajit Sarkar v. State of West Bengal - The information has to be detailed & the informant should be willing to reveal his identity and sign the documents © Effect of delay in FIR - Upon a delay in lodging, explanation will be seeked for the delay and if a proper explanation has been given, delay wont be material. ® State of Punjab v. Gurmeet Singh - In the cases of rape the delay in the lodging the FIR is self explained. The fair element and social stigma attached may perse cause the victim to file the FIR with a delay. unacademy