In the light of judicial pronouncements, discuss the following: Genuineness of information of an offence as a condition precedent for registration of offence under the Code of Criminal Procedure, 1973.
CS Professional · Drafting, Appearances and Pleadings · PYQS · December 2016
In the light of judicial pronouncements, discuss the following: Genuineness of information of an offence as a condition precedent for registration of offence under the Code of Criminal Procedure, 1973.
Answer & Explanation:
Registration of FIR is mandated in Section 154 of the Criminal Procedure Code, 1973, which clearly lays down that: Every information relating to the commission of a cognizable offence, if given orally to an officer in charge of a police station, shall be reduced to writing by him or under his direction, and be read over to the informant; and every such information, whether given in writing or reduced to writing as aforesaid, shall be signed by the person giving it, and the substance thereof shall be entered in a book to be kept by such officer in such form as the State Government may prescribe in this behalf. The provision of Section 154 of Code of Criminal Procedure, 1973 is mandatory. Hence, the police officer concerned is duty-bound to register the case on receiving information disclosing cognizable offence. Genuineness or credibility of the information is not a condition precedent for registration of a case. That can only be considered after registration of the case. [Ramesh Kumariv. State (NCT of Delhi) and Ors., 2006 Cri.LJ 1622].
Topics: Criminal Procedure Code, 1973
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