Question

It is with the registration of FIR that the police can begin their investigation into the crime Elucidate the statement. ​ (Pls answer in points)

Answer 1

Introduction

This article is a brief outline of how and what happens once a crime takes place and how the investigation machinery leads the investigation under Cr.P.C and ultimately rests its case before the Judiciary in order to give the accused a chance of fair trial and to prove his innocence for the crime taken place.

Investigation

For investigation to kick start, there should be some crime, any act which is punishable under the Indian Penal Code or any other legal statute as passed by the Indian Parliament shall be termed as Crime.

Crime/Offence

For any investigation to begin crime has to be committed. Crime/offence can be a cognizable crime i.e Bailable or Non- Cognizable crime i.e. Non-bailable in nature. Indian Penal Code (herein after to be referred as IPC) has divided the types of Crimes/offences in several chapters. The classification of an offence so as to whether it is a cognizable offence, non-cognizable offence, bailable or non- bailable and compoundable or non-compoundable - is listed in the First Schedule.

Cognizable Offence

Most of such offences are non-bailable and are of a much more serious nature than that of the Non-cognizable offence. Cognizable offence is a case in which a police officer may, in accordance with the First Schedule or under any other law, arrest without warrant. As soon as it is intimated to the local police that any kind of cognizable offence has been committed in its local jurisdiction, the police are duty bound to register (First Information Report) U/s 154 of Cr.P.C; this FIR can be lodged at the instance of anyone who has the knowledge that the cognizable/Non-bailable offence has taken place. The police are at liberty to get their preliminary investigation done prior to registration of an FIR in few cases.

Explanation: