Police investigation
June 2000
June 2000
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Chapter 27
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FIRST INFORMATION TO THE POLICE
1188. (1) Offences against law are classified broadly into two heads :
(a) Cognizable ; and
(b) non-cognizable.
Offences under the Indian Penal Code or special and other local laws in which Police Officers may arrest without warrant, are cognizable. Other offences are non-cognizable.
(2) In rural areas, the Complaint of a cognizable offence is generally made to the Dalapathi of the Village Defence Party, who records a statement from the complainant or informant, reads it over to him and obtains his signature, or in the case of an illiterate, his thumb impression, prepares a report and forthwith dispatches it along with the statement of the complainant to the Officer in-charge of the Police Station having jurisdiction over the place. Dalapathis of the Village Defence Party make similar reports of occurrences coming to their personal knowledge other than through complaints made to them.
(3) When a written report regarding the commission of a cognizable offence is received at the Station from the Dalapathy or any other Source, the name and address of the person presenting it will be recorded on it and as many exact copies of the report as may be needed will be made in the Fist Information Report form. In all cases the Officer-in-charge of the Police Station will himself sign each copy and will affix the Police Station seal on it. (4) A copy of the said First Information should be given forthwith, free of cost, to the informant.
(5) Sometimes in rural parts and more often in towns, complaints of congnizable offences are made directly at the Police Stations. In such a case, the Officer-in-charge of the Station should reduce the complaint to writing, read it over to the complainant or informant and obtain his signature, or if he is an illiterate, his thumb impression. This should be done on the First Information Report form itself.
(6) Any person who refuses without reasonable cause to sign the copies of the first information is liable to punishment under Section 180 of the Indian Penal Code.
(7) The provisions of sections 182, 183 and 184 Cr.P.C. as regards the jurisdiction of the courts to inquire into criminal offences should be borne in mind while registering cases on the basis of the First Information received by the Police Officers.
WHAT CONSTITUTES FIRST INFORMATION
1189. Information of the commission of a congnizable crime that shall first reach the police, whether oral or written, shall be treated as the First Information. It may be given by a person acquainted with the facts directly or on hearsay, but in either case it constitutes the First Information required by law, upon which the investigation under Section 157, Criminal Procedure Code, shall be taken up. When hearsay information of a crime is given the Station House Officer shall not wait to record as the first information the statement of the actual complainant or an eye-witness.
1190. A vague rumour should be distinguished from an oral report and should not be reduced to writing or signed by the informant but merely entered in the Station House Diary and should it, on subsequent information, prove well founded, such subsequent information shall constitute the First Information. If the rumour is in regard to the occurrence of a serious crime, the Station House Officer must embark upon an immediate enquiry to verify its authenticity and, if found true, obtain a complaint and register and investigate it.
1191. Police Officers shall not defer drawing up the First Information Report until they have tested the truth of the complaint. They shall not await the result of medical examination before recording the First Information when a complaint is made of grievous hurt or other cognizable crime.
1192. While recording the complaint, the Station House Officer has carefully to question the complainant and record a detailed and full account of the incident, lest the want of essential particulars in the complaint should affect the case adversely at a later stage. It is of utmost importance to secure all particulars regarding the occurrence in the first instance and to record them in detail. Care should also be taken to see if the complaint is trying to exaggerate an actual occurrence or trying to give the colour of a cognizable case to an incident of a non-cognizable nature.
1193. Complaints made by telegram or telephone should not be recorded in the First Information Report Until the information has been verified and either a statement has been recorded from the sender in writing or a confirmatory written and signed complaint has been received from him. This does not mean that the Officer-in-charge of a Police Station need take no action on a telegraphic or telephonic complaint received by him. On receipt of a report by telegram or telephone regarding the commission of serious cognizable crime, he should make a note of it in the Station House Diary and hasten to the spot to verify the information and, if it is found to be true, he should obtain a complaint in writing or record the statement of the informer and send it to the Police Station for registration and immediately embark upon its investigation. On his return to the Station House, he should also record the result of his enquiries in the Station House Diary.
REGISTRY IN FIRST INFORMATION REPORT BOOK
1194. Information coming under any of the following headings received at a Police Station, shall be registered in the First Information Report book (Form 126), which is the book prescribed under Section 154, Criminal Procedure Code:
(1) cognizable cases including those referred to the Police by Magistrates for investigation or inquiry under Sections 156 (3) and 202 Criminal Procedure Code;
(2) fires, missing of cattle and all other occurrences where there is reason to suspect the commission of a cognizable offence;
(3) non-cognizable cases endorsed to the Police by Magistrates for investigation or inquiry under Sections 155 (2) and 202 Criminal Procedure Code;
(4) cases under Sections 41, 102, 107 to 110 of the Code of Criminal Procedure, only one First Information Report being issued if more than one person is involved in a case;
(5) reports made to Magistrates with a view to action being taken under Sections 144 and 145 of the Code of Criminal Procedure.
(6) cases under Section 182 or 211 I.P.C. when it is proposed to prosecute the complainant for false complaint, although not investigated under Section 155 (2) of the Code of Criminal Procedure.
Note:- Cases received on transfer from other Police Stations should be re-registered at the receiving Station.
1195. Every report of a cognizable offence should be registered in the First Information Report book, even if it appears to be untrue, exaggerated or of civil nature.
1196. If the Officer-in-charge of a Police Station receives an oral report of a cognizable offence during his tour, he should take down the report in writing and have it signed or marked by the person who made it. He should then send it, with an endorsement duly signed by him, to the Police Station, where it will be treated as a written report and registered in the First Information Report book. In the meantime, he will himself commence the investigation.
1197. Every effort must be made to secure the most precise description of the stolen property from the complainant at the time when the first information is recorded. If the complainant is unable to furnish a list of property when he gives the first information, he shall be required to supply the list in writing as soon as possible after the arrival of the investigating officer at the spot.
1198. A First Information Report once recorded, shall in no circumstances be withheld or cancelled by the Station House Officer.
1199. Cases entered in the First Information Report book will each be given a consecutive number, and this number will constitute the crime number for the purpose of subsequent references.
1200. As soon as the report has been entered in the First Information Report book, the substance of the report must be briefly recorded in the Station House Diary.
1201. The registration of a cognizable offence shall be made by the Police Inspector/Sub-Inspector, if he is present at the Police Station when a report is made. Once the report has been entered in the First Information Report, the investigation of the offence will be commenced at the scene of occurrence with the least possible delay, and the PI/Sub-Inspector will himself proceed to the spot. If there are reasons that render this impossible or unnecessary, he will depute a PSI/Head Constable to take up the investigation, and he will note in the First Information Report why he did not himself take up the investigation. In the absence of the PI/Sub-Inspector, the senior most officer present will record the first information and take up the investigation till relieved by the PI/Sub-Inspector or any other officer.
1202. The First Information Report shall invariably be written before the investigating officer proceeds to make an investigation. But, if a report of a serious crime is received by the Officer-in-charge of a Police Station, he must leave post-haste to the scene of offence directing the officer whom he places in-charge of the station or the station writer, as the case may be, to register the case. For example, if a Station House Officer is informed that a serious breach of the peace is occurring in his jurisdiction or that a drunkard is running amuck with a weapon after inflicting serious injuries on persons, it is the duty of the Station House Officer to proceed to the scene at once and prevent the commission of further offences. He should not delay proceeding to the scene for the sake of issuing a First Information Report, which could be left to one of his subordinates.
1203. If the first informant appears at an outpost with or without a report, a First Information Report should not be issued by the Head Constable or Constable in-charge as he is not a Station House Officer as defined in Section 2 (o) of the Code of Criminal Procedure. He will enter the substance of the report in the Outpost Diary, send the first informant with a note in which he should record the date and the time at which the first informant appeared at the Outpost and the date and time at which he left for the Station, where the First Information Report will be issued. He will then proceed to the scene of occurrence and will take steps to arrest the accused and recover stolen property, if any, pending the arrival of the Station House Officer to conduct the investigation.
REGISTRY OF CASES REPORTED AT POLICE STATIONS OTHER THAN THE JURISDICTION OF THE POLICE STATION
1204. When an offence committed within the railway police jurisdiction is reported to a local district Police Station or vice-versa, the Station which receives the report shall forthwith inform the Police Station having jurisdiction by telephone, wireless or telegram, which shall be followed up by the First Information Report transferring the case. The police receiving the information first should take up the investigation and continue it till the arrival of the police having jurisdiction.
1205. If a crime committed in the jurisdiction of another Police Station within the State is reported to the Station House Officer of a Police Station, a First Information Report should be issued and its substance entered in the Station House Diary.
1206. If the place of occurrence is near and is easily accessible from the Station House, the Station House Officer will at once proceed to the spot, take up investigation and continue it till relieved by the police having jurisdiction. Simultaneously, action will be taken to send immediate intimation to the police having jurisdiction over the place. When the investigation is taken over by the latter, the First Information Report should be transferred.
1207. If the place of occurrence is far off, immediate intimation should be sent to the police having jurisdiction over the place by the quickest possible means and the First Information Report transferred to them simultaneously. If any of the persons, who are reasonably believed to have taken part in the offence, are found in the limits of the station where the offence is reported and if the offence alleged against them is of a serious nature and there is reasonable apprehension that they will abscond unless immediately taken into custody, they should be arrested and produced before the court having jurisdiction, intimation of their arrest being promptly sent to the Police Station within the jurisdiction of which the offence occurred.
1208. If a report relates to a cognizable offence that was committed outside the State, it will be entered in the Station House Diary and a certified copy of the entry will be given to the person who made the report and he will be referred to the Station House Officer within whose jurisdiction the offence took place. If any of the persons who are reasonably believed to have taken part in the commission of the offence are found in our State territory, and if the offence alleged against them is of a serious nature and there is reasonable apprehension that they will abscond unless immediately taken into custody, they will be arrested and produced before the court having jurisdiction, intimation of their arrest being promptly sent to the Police Station within the jurisdiction of which the offence occurred.
REGISTRATION OF CASES WHEN STATION LIMITS OF OCCURRENCE ARE DOUBTFUL
1209. The police to whom a cognizable offence is first reported shall register the case and take up the investigation, where the offence has been committed close to a boundary between stations and it is at first doubtful in which station limits it occurred. The station which should retain the crime should be subsequently settled. It is of little importance whether a crime committed close to a boundary line is registered in this or that station. What is necessary is that the police who first hear of it should take up the case and endeavor to detect it.
NON-COGNIZABLE CASES
1210. Information received in a Police Station of facts which constitute a non-cognizable case or any steps taken by the police on their own volition in a non-cognizable case will be entered in the Station House Diary.
1211. (1) When a Police Officer finds it necessary to lay information before a Magistrate in a non-cognizable case, he may, under Clause (b) of Sub-Section (1) of Section 190 of the Code of Criminal Procedure, make a report to the Magistrate in writing of the facts which constitute such offence.
(2) If there are persistent complaints against a particular individual, which legally fall under the category of a non-cognizable offence, the following action may be taken :-
(a) Obtain orders or the competent court to register the N.C. case and investigate
and/or
(b) initiate action U/s 110 Cr.P.C. if there is persistent commission of non-cognizable offence by a given individual resulting in breach of peace.
SALIENT POINTS TO BE REMEMBERED
1212. The following are the salient points to be borne in mind while registering an offence:-
(1) Write the First Information Report immediately with all available details, and enter the fact at the same time in the Station House Diary, mentioning therein the name of the complainant or informant (with father’s name, age, occupation and residence), the time of reporting at the Police Station and brief particulars of the report, including the crime number and section of law and action taken.
(2) Record all available facts of the case in unambiguous terms and make sure that no important point is omitted.
(3) Use copying pencil for writing the First Information Report and make copies by carbon process.
(4) Do not make corrections, erasures, scorings or over-writings. If a correction is necessary, strike out the word or words, leaving them still legible, and initial.
(5) When the first informant presents his written report at the Police Station, read it and explain it to him. If he admits its correctness make on it an endorsement to that effect. Note on it the date and time of its receipt.
(6) If the written report reveals the commission of or reasonable grounds to suspect the commission of, a cognizable offence, it is not necessary to record any further statement. Proceed to register the case in the prescribed form, making relevant entries in the Station House Diary.
(7) If the written report is lacking in details of the articles stolen or their description including their identification marks, the names of persons who can identify them, etc., elicit them and record them at the foot of the report. The record made should be read and explained to the maker and attested by him.
(8) If the written reports does not contain the names and addresses of the accused, or some of the accused mentioned in the report have the same name, or the accused or some of them are not named but can be identified, their complete addresses to distinguish one from the other, and the descriptive marks of such of the accused as are to be identified, should be elicited and recorded.
(9) If the written report does not contain a list of the articles stolen and the first informant states that a list is under preparation and would be furnished, make a record to that effect at the foot of the report and obtain his attestation to it.
(10) If the written report is wanting in any other information but for which, the report cannot be said to contain all the information falling within the purview of Section 154 of the Code of Criminal Procedure, question the first informant and if he is able to furnish it, record it at the foot of the report and obtain his attestation.
(11) If the first informant does not appear with his written report but makes an oral statement, reduce his oral statement to writing in the space provided in the First Information Report form. If one form is found insufficient, use another form.
(12) Record the First Information in the actual words of the informant, as the record should not be your impression of what he meant to say. Employ plain and simple language, as nearly as possible, in the informant’s words.
(13) Avoid technical or legal expressions of high-flown language.
(14) When, after the First Information Report, a list or a further list of stolen property is furnished to you or obtained by you, ensure that it is signed by the persons concerned and record on it the date, time and place of its receipt.
(15) Do not keep the list referred to above in the case diary file. Retain its copy and send the original to the court for being attached to the relevant First Information Report.
(16) Whenever it is found that having regard to the time and date of occurrence, the distance from the place of occurrence to the Police Station and other relevant circumstances, the first informant has delayed lodging the First Information, elicit from him a full and detailed account of the circumstances which contributed to such delay, while reducing to writing, his oral statement.
(17) If a first informant appears before an officer superior in rank to an Officer-in-charge of a Police Station, the former should reduce to writing his statement or he should see that the informant is produced before the Officer-in-charge of the Police Station, who should then record his statement.
(18) When an accused appears at a Police Station and lodges a First Information Report, it should be read and explained to him and if he admits its correctness, an endorsement to that effect should be recorded. If he appears without a written report, his oral statement should be reduced to writing. In either case, if a cognizable offence is disclosed or there are reasonable grounds to suspect the commission of a cognizable offence, a case should be registered.
(19) When a cognizable offence is committed in the presence of an Officer-in-charge of a Police Station, he is not bound to take down in writing any information relating to the commission of the offence. Since he has the information himself, he can register the case suo-moto.
(20) In cases registered suo-moto, satisfy yourself that the First Information Report contains a full and correct record of all the facts and circumstances relating to the offence and the offenders, including the names of witnesses, if any.
(21) When the First Information relates to theft, do not fail to ask the complainant to furnish a list of articles stolen, their value and any particulars as to weight, make, design or other distinguishing marks which may assist identification, if they have not already been furnished. While eliciting the prices of articles stolen, take care that their prices are fixed having regard to the market rates prevailing at the material time and not with reference to the prices at which they were originally purchased.
(22) If the informant knows or has seen the person by whom an offence reported was committed but his name and address are not known to him, do not fail to elicit from him, a description of the latter’s appearance, which should be recorded along with the rest of the information.
(23) If the complainant is unable to give a list of property stolen at the outset (may be because he is not the victim of the theft or the person in the know of things or articles is away at the time) or its weight, make, design or distinguishing marks, do not fail to obtain it from the person concerned. There should be no delay whatsoever.
(24) There should be no time-lag between the receipt of information of the commission of a cognizable offence and the recording of it.
(25) Whenever a report clearly discloses a cognizable offence, do not embark upon a preliminary enquiry which is illegal; but register the case at once.
(26) The First Information Report is the first information of an occurrence or transaction in point of time which reaches the authority competent to investigate or order an investigation. Obviously there cannot be more than one First Information Report in one case, however many the victims of the offence may be. If three persons are murdered in the course of an occurrence, preparation of three First Information Reports, one for the murder of each person, is irregular.
(27) Note on the original written report received from the Village Defence Party Dalapthi, or any other source, the date and hour of its receipt through whom it was received.
(28) Note on all the copies of the First Information Report, their distribution, as for example,
(i) Magistrate – Designation and place.
(ii) Superintendent of Police.
(iii) Sub- Divisional Police Officer.
(iv) Station file.
(29) Attach the original written complaint or the Village Defence Party Dalapathi's report to the original pencil copy of the First Information Report to be sent to the magistrate.
(30) Despatch the copies of the First Information Repot to the Magistrate and other offices without any delay and enter the date and hour of despatch in the concerned records
(31) Satisfy yourself that the copies of the First Information Report are delivered promptly under proper acknowledgement.
(32) In heinous cases, send First Information Reports through express messengers and in cases of specially heinous nature, by police wireless, or Fax.
(33) Fill in the following columns of the First Information Report correctly :
(i) Date and hour of occurrence (if the correct time is not known, give the approximate time and, if the exact date of occurrence is not known, place it between two dates).
(ii) Date and hour when reported.
(iii) Place of occurrence and distance and direction from Police Station.
(iv) Date of despatch from the Police Station
(v) Name and residence of informant or complaint. (The complainant’s or informant’s full name with aliases, if any, address and father’s name).
(vi) Name and residence of the accused. (The full name of each of the accused with aliases, if any, address and father’s name.)
(vii) Brief description of the offence, with section and details of property carried off, if any. Note the section of law and modus operandi classification, and the details and value of stolen property. If the list of stolen property is lengthy, it must be made on a separate sheet of paper and attached to the First Information Report and the fact mentioned in this column. In such a case, the list should bear the signatures of both the complainant and the Station House Officer.
(viii) Steps taken in regard to the case with explanation for any delay in recording information.
(ix) Signature and designation should be on all the pages.
FIRST INFORMATION REPORT-TO WHOM SENT
1213. (1) One copy of the First Information Report will be retained in the Station and another will be forwarded without delay to the Magistrate having jurisdiction. Two copies with Station House Diary will be sent to the Circle Inspector, who will submit the same to the Sub-Divisional Police Officer. In the case of the Police Inspector working as SHO he will directly submit it to the SDPO. The Sub-Divisional Police Officer will retain one copy and the Station House Diary and send the other copy of the First Information Report to the superintendent. When the Magistrate having jurisdiction is not the local Magistrate, a fourth copy will be sent to the latter also. When the Circle Inspector or his superior registers and or takes up investigation, an additional copy should be made for his case diary file. The copies will be made by carbon process. To the copy sent to the Magistrate, the original report of the source with its enclosures, if any, in original, or the original written complaint made by the complainant will be attached. Copies of these records will be made out and attached to the other copies.
1214. In cases coming under Clause (b) of the proviso to Section 157 of the Code of Criminal Procedure, the copy of the First Information Report should be sent to the Magistrate, through the Circle Inspector. In case of Police Inspector as SHO, he will himself send the report.
1215. In cases referred under Sections 155 (2), 156 (3) and 202, Criminal Procedure Code, a copy of the First Information Report need not be sent to the Magistrate as the referred complaint itself constitutes First Information. Similarly in cases registered under Section 182 or 211, Indian Penal Code, with the orders of the Magistrate, a copy of the First Information Report need not be sent to the Magistrate.
EXPRESS REPORTS
1216. (1) The crimes listed below are designated as heinous crimes. In such crimes a copy of the first Information Report shall be sent direct to the Superintendent, to the Sub-Divisional Officer, to the Circle Inspector, to the local Magistrate and also to the Magistrate having jurisdiction in case he is not the local Magistrate. In specially heinous crimes, a copy of the First Information Report shall also be sent to the District Magistrate.
(a) Dacoity ;
(b) Robbery;
(c) Murder;
(d) Culpable homicide not amounting to murder;
(e) Rape ;
(f) Arson causing death, injury, damage to dwelling houses & loss of property over Rs.5000/-.
(g) House breaking and theft over Rs. 25,000 /-
(h) Any disturbance, riot or affray of a specially grave nature :
(i) Theft over Rs.50,000 ;
(j) Case of counterfeit coins and currency notes;
(k) Case of possession or manufacture or use of bombs or explosives whether political or not;
(l) Assault on Police Officers;
(m) Offence under Sections 400 and 401 of the Indian Penal Code ;
(n) Conspiracy case;
(o) Serious road accident;
(p) Professional poisoning;
(q) Kidnapping for ransom - 364-A IPC;
(r) Offence under 304 (b) IPC;
(s) Any case of specially heinous nature.
(2) These reports are termed “Express Reports” and should be sent by hand as quickly as possible.
1217. (1) An immediate report of a case falling under any of the following heads should be sent to the Circle Inspector/ the Sub-Divisional Police Officer and the superintendent by the quickest means possible, as superior officers have to send immediate information to the Director General, the Range Inspector-General/ Deputy Inspector-General. The District Magistrate may be kept informed in cases falling under (g) (h) (I) (j) (l) (p) (q) (r ) (s) (t) (u) & (v).
(a) Dacoity;
(b) Highway Robbery;
(c) Murder;
(d) Culpable homicide not amounting to murder;
(e) House breaking and theft of serious nature.
(f) Communal rioting;
(g) Disturbance, riot or affray of a specially grave nature (Note: any rioting involving death of any person or persons or injuries to a number of persons will come under this head) ;
(h) Disturbance involving the use of fire-arms;
(i) Case in which fire is opened by a government servant;
(j) Case of manufacture of counterfeit currency notes and coins;
(k) Case of possession or manufacture or use of bombs or explosives even though non-political in character;
(l) Drug poisoning case;
(m) Abduction or kidnapping of women and children in a systematised manner and rape ;
(n) Assault on the police, except where it is very trivial in nature;
(o) Case of death or grievous injury alleged to have been caused by a Police Officer whether in his public or private capacity or to have occurred to any person (including suicide) while in police custody or alleged police torture;
(p) Fast, hartal, satyagraha or strike of any kind and agrarian trouble;
(q) Serious fire accident involving loss of properties or involving loss of human life or both
(r) Case of a specially heinous nature or public importance:
(s) Serious accident or natural calamity including floods and earth quakes in which human lives or serious damage of property are involved ; and
(t) Railway accident except where it is trivial ;
(u) Serious Road accidents.
(2) In the case of Bangalore City, such reports should be first made on telephone followed by a written report.
1218. All robberies of railway passengers should be regarded as "Highway robberies".
1219. Express reports shall invariably be sent by the local police to the District Magistrate in respect of riots and disturbances which involve a serious breach of the public peace.
1220. In every case in which the police use fire-arms in suppressing a riot or in self-defence, an express report or wireless or telegram, whichever is the quickest, shall be sent to the District Magistrate. In this report the number of persons killed or injured, if any, shall be stated.
1221. As regards reports of accidents in connection with explosives or inflammable oils, the procedure laid down in Order 950 should be followed.
1222. In any of the cases referred to in Orders 1216 and 1217, the Director-General may, in his discretion, send reports to Government.
USE OF THE FIRST INFORMATION REPORT
1223. The First Information Report is a very important document. It is the earliest record made of an alleged offence before there is time for its particulars to be forgotten or embellished. It can be used to corroborate or impeach the testimony of the person lodging it under Sections 145, 157 and 158 of the Indian Evidence Act. It can also be used under Clause (1) of Section 32 and illustrations (j) and (k) under Section 8 of the Indian Evidence Act. The necessity of drawing up this document with the utmost care and accuracy and with all available details cannot, therefore, be overemphasised.
CRIME REGISTER
1224. Crime Register in form No.20 will be maintained in each Police Station wherein entries will be made as per instructions given in the form. This is a continuous record for all First Information Reports registered and will be written up in the order of register of the First Information Report. This will be in two volumes, one for professional property offences and the other for other cognizable offences. Attention is drawn to S.O. 646.
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