INVESTIGATION – FROM “FIR” TO “FINAL REPORT”

Q.1 What is an FIR?

Q.2 What is a cognizable offence and how is it different from a

non-cognizable offence?

Q.3 How to find out whether the offence is a cognizable offence

or not?

Q.4 Why is it that the title of the above Section uses the
expression “Cognizable case” when the body of the Section
uses only the expression “Cognizable offence”?

Q.5 What is the object of an FIR?

Q.6 Is it not necessary that the FIR should be given by an eye-

witness?

Q.7 When “information” is given by an eye-witness and a hearsay

witness, who is to be preferred by the SHO ?
Q.8 Is there any distinction between the expressions “informant”,
“complainant” and “de facto complainant”?
Q.9 If the FIR is given by the accused person himself, is it
admissible?
Q.10 Can a dying declaration recorded by a Police Officer under
Section 32 (1) of the Evidence Act be treated as an FIR ?

Q.11 Is the “informant” entitled to a free copy of the information as

recorded by the SHO under Section 154 (1) Cr.P.C. ?
 Justice V. Ramkumar,
2 Former Judge, High Court of Kerala.

Q.12 Can the SHO refuse to record the FIR on the ground of lack of
territorial jurisdiction ?

Q.13 Is it not correct to say that while in the case of a “non-

cognizable” offence, the commission of the offence should be
within the local limits of the Police Station as mandated by
Section 155 (1) Cr.P.C., in the case of a “cognizable” offence,
there is no such prescription ?

Q.14 Can a Magistrate who receives a private complaint alleging the

commission of a cognizable offence, forward the complaint
under Section 156 (3) Cr.P.C. to the SHO of the Police Station
concerned with a direction to treat the complaint as the FIR and
to register a case and also to investigate the case ?

Q.15 In a corruption case the trap as well as the investigation was

conducted by a DySP of Police in a station where a
Superintendent of Police (“SP” for short) was available. When
the charge-sheet was filed before the Special Judge the
incompetence of the DySP to conduct the investigation was
pointed out and the Special Judge directed re-investigation by
the SP and accordingly fresh investigation was conducted by the
SP. During the trial of the case when one of the prosecution
witnesses deviated from his earlier stand taken during the
investigation by the DySP, the prosecutor declared the witness
hostile and attempted to cross examine him with reference to
the statement given by him to the DySP. This was objected to
by the defence contending that the initial investigation
 Justice V. Ramkumar,
3 Former Judge, High Court of Kerala.

conducted by the DySP was illegal and non est. Can the
prosecutor be allowed to take his stand ?

Q.16 FIR is registered under Section 154 Cr.P.C for an offence

punishable under Section 326 IPC and the accused is arrested
and produced before the Magistrate along with FIR and remand
application. The Magistrate applies his mind to the remand
application, FIR etc and remands the accused to judicial custody
for 14 days. Has not the Magistrate taken cognizance of the
offence?

Q.17 Is not an FIR a substantive piece of evidence and what is its use ?

Q.18 Does the Cr.P.C. contemplate two kinds of FIRs?

Q.19 Should not the FIR contain all the details pertaining to the
occurrence and the ingredients of the offence?

Q.20 What is the manner of proving an FIR ?

Q.21 Can a General Diary Entry (“GD Entry” for short) disclosing the
commission of a cognizable offence be treated as an FIR?

Q.22 Can a telephone message received by the SHO regarding the

commission of a cognizable offence be treated as an FIR?

Q.23 What is the procedure for registering an FIR?

Q.24 Is not the SHO entitled to carry the FIR Book with him to the
place of occurrence ?
 Justice V. Ramkumar,
4 Former Judge, High Court of Kerala.

Q.25 Supposing the SHO refuses to register an FIR, what is the

remedy of the informant?

Q.26 Can the SHO conduct a verification or inquiry before

registering an FIR ?

Q.27 Can there be more than one FIR (a second FIR) registered in
respect of the same case ?
Q.28 Where it is alleged that the FIR was ante-timed, what are the
tests to find out the same ?

Q.29 Should the Magistrate to whom the FIR is forwarded by the

SHO under Section 157 Cr.P.C., bound to note the date and
time of receipt of the FIR ?
Q.30 What is investigation ?

Q.31 What is the object of investigation ?

Q.32 What do you mean by the maxim “contra veritatem lex

nunquam aliquid permittit” and what is its relevance in the
matter of investigation ?

Q.33 Is “investigation” confined to investigation conducted by the

Police only ?

Q.34 What are the statutorily enumerated powers of investigation

of an SHO under the Cr.P.C. ?

Q.35 What are the various steps of investigation to be carried out by

an investigating Police Officer ?
 Justice V. Ramkumar,
5 Former Judge, High Court of Kerala.

Q.36 Is receipt of “information” a condition precedent for starting of

investigation?

Q.37 Can the SHO who had to mandatorily register an FIR under
Section 154 Cr.P.C, refrain from commencing investigation?

Q.38 Section 157 (1) Cr.P.C. states that if the SHO “has reason to
suspect the commission of an offence which he is empowered
under Section 156 to investigate”, he shall forthwith proceed in
person or shall depute one of his subordinates to proceed to the
spot to investigate the facts and circumstances of the case. What
is the empowerment under Section 156 Cr.P.C. ?

Q.39 Should the copy of the two informations referred to under Section
157 (1) and (2) Cr.P.C be sent to the Magistrate forthwith?

Q.40 What are the options available to the Magistrate upon receipt of
report either under Section 157 (1) or under Section 157 (2)
Cr.P.C.?

Q.41 What is the purpose sending a report to the Magistrate under

Section 157 (1) and (2)?

Q.42 Which is the report covered by Section 159 Cr.P.C which says
“on receiving such report”?
 Justice V. Ramkumar,
6 Former Judge, High Court of Kerala.

Q.43 Is there any special procedure for recording the statement of a

rape victim ?

Q.44 Is not the registration of an FIR, a sine qua non (condition

precedent or indispensable requisite) for the commencement of
investigation?

Q.45 An SHO while sitting in the Police Station received information

at 11 pm that a lorry which is believed to carry illicitly loaded
rice meant for public distribution through ration shops has
been spotted in front of a closed shop at the market. The SHO
along with his police party rushed to the said spot. The SHO
interrogated the fidgety accused who was in custody of the
contraband rice. The SHO seized the bags of rice under a
mahazar and also recorded the statements of the witnesses to
the occurrence. The accused, the seized rice and the seizure
documents were taken to the police station from where the
FIR was registered. Thereafter the Superior police inspector
took over the investigation of the case. After the conclusion of
investigation the accused was charge sheeted for an offence
punishable under the Essential Commodities Act, 1955.
During the trial of the case the Public Prosecutor was seen
using the statements of the mahazar witnesses for the
purpose of corroboration. This was objected to by the
defense lawyer on the ground that the statements are
subjected to the interdict under Section 162 (1) Cr.P.C. The
Public Prosecutor argued that since the statements were
recorded even before the registration of the FIR, the bar
under Section 162 Cr.P.C does not apply. The Prosecutor relies
 Justice V. Ramkumar,
7 Former Judge, High Court of Kerala.

on Mohindro v. State of Punjab (2001) 9 SCC 581 and

Shashikanth v. CBI (2007) 1 SCC 630 to contend that whatever
steps taken before the registration of the crime, do not
amount to investigation so as to attract the embargo under
Section 162 (1) Cr.P.C. Who is right?

Q.46 Is laying of a trap in a corruption case, part of investigation ?

Q.47 Is it not open to the investigating Police Officers or their

superiors to address letters to the Court for obtaining judicial
orders in pending cases ?

Q.48 Will not the illegality or irregularity of investigation vitiate the

resultant trial ?

Q.49 Is evidence collected by improper or illegal means, admissible ?

Q.50 Is evidence obtained under an illegal search, admissible

during trial ?

Q.51 Is not the accused entitled to hearing in deciding the agency

to be entrusted with the investigation ?

Q.52 Is there any difference in the nature and purpose of

investigation under Chapter XII Cr.P.C. and under Section 202
(1) Cr.P.C. ?

Q.53 Is it not open to the Special Judge of the State Vigilance

Department trying a case under the Prevention of Corruption
Act, 1988 to order investigation by the CBI ?
 Justice V. Ramkumar,
8 Former Judge, High Court of Kerala.

Q.54 Where there is a conflict between the provisions of the CBI

Manual and the Cr.P.C. which will prevail ?

Q.55 Is not the Court including the High Court entitled to direct the
investigating agency to submit a charge-sheet after closing
the investigation ?

Q.56 Supposing the Investigating Officer files a closure report to

the effect that no case is made out for prosecuting the
accused. Has the Magistrate the authority to disagree with
the Police and take cognizance of an offence made out by the
prosecution records ?

Q.57 Is the Magistrate bound to give notice and opportunity of

hearing to the informant before accepting a closure report
(refer report or refer charge) ?

Q.58 Are not the Courts entitled to interfere with the investigation
of cognizable offence by the Police ?

Q.59 Can a charge – sheet against an absconding accused be filed

merely because sufficient evidence against him is available ?

Q.60 Has the accused any right to inspect documents in the

custody of the Court whether relied on or not by the
prosecution ?

Q.61 Which are the documents to be supplied to the accused ?

 Justice V. Ramkumar,
9 Former Judge, High Court of Kerala.

Q.62 Can an Officer superior to the SHO conduct investigation on

the basis that he is an officer-in-charge of a Police station ?

Q.63 Can the Court refuse to take cognizance of the offence for the
reason that charge-sheet is incomplete ?

Q.64 Can the investigation of a case be monitored by the Court ?

Q.65 What is the report filed by the Police before the Court after
the conclusion of investigation ?

Q.66 What is meant by “charge- sheet” or “final report” ?

Q.67 When a charge sheet is filed before the Magistrate, what are
the options available to the Magistrates ?

Q.68 If what has been filed before the Magistrate is a closure

report/ refer report/ refer charge/ final form, what are the
options available to the Magistrate?

Justice V. Ramkumar,
Kochi, Former Judge,
13-08-2020 High Court of Kerala.
 Justice V. Ramkumar,
10 Former Judge, High Court of Kerala.
 Justice V. Ramkumar,
Former Judge, High Court of Kerala.

The following chart will give a rough idea about the Police investigation
under the Cr.P.C.

POLICE INVESTIGATION

Sl. Initial Further Limited Fresh/de novo

No. investigation. investigation. investigation. investigation or
Chapter XII Cr.P.C. Chapter XII Cr.P.C. Chapter XV Cr.P.C. reinvestigation.
(2013) 5 SCC 762
Who can order ?
S. 154 r/w S. 156 (3)
1. 156 (1) r/w
a) Constitutional

ending in supplementary report u/s 173 (2)

Courts, namely
157
ending in a police report filed u/s 173 (2)

the High Court

will end in a mere report which is not

(Cognizable
under Article

a “Police Report” filed u/s 173 (2)

case)
226 and the
Supreme Court
2. S. 2 (d) r/w
under Article 32
200 r/w 156 (3)
of the
(Cognizable S. 202 (1)
Constitution of
case)
India
(2009) 9 SCC 129
(2013) 5 SCC 762
3. S. 155 (1)
(2013) 6 SCC 384
and (2)
(non-cognizable b) State Govt. or
offence) S. 173 (8) Central Govt.,
depending on the
investigating
4. Ss. 173 & 174 – Suicide or Who can order ? Who can order ? agency.
(AIR 1980 SC 326)
unnatural death.
a) Magistrate or The Magistrate or Court
The Investigating
Sessions Judge or taking cognizance can
Who can entrust the Officer or the
Special Judge can direct investigation.
investigation with another Magistrate or the
order. But This direction for
agency ? trial Judge (other
investigation by the investigation can be
than the High Court)
same agency alone made to a Police Officer
a) Constitutional cannot order (2010)
can be ordered. or any other person.
Courts. 9 SCC 171) except in
b) Constitutional Courts. The purpose of this
b) State Government. (AIR cases where the
1980 SC 326- para 17) c) Superior Police investigation is to aid
investigation was
c) Superior Officer – S.36 Officer – S. 36 Cr.P.C. the Court to decide
illegal and it is
Cr.P.C. (AIR 1980 SC 326- (AIR 1980 SC 326 – whether there is
raised at the earliest
para 12) para 12) sufficient ground for
d) Central Government stage. (AIR 1955 SC
d) State Government. proceeding and is not
with the consent of the 196; AIR 1957 SC
(AIR 1980 SC 326- controlled by the
State Government 592; AIR 1968 SC
para 17) interdicts under Section
1323; 2004 (1) KLT
162 Cr.P.C.
Magistrate cannot. 122).
 “Section 154: Information in cognizable cases

(1) 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:

Provided that if the information is given by the woman against whom

an offence under Section 326A, Section 326B, Section 354, Section 354A,
Section 354B, Section 354C, Section 354D, Section 376, 55A[Section 376A,
Section 376AB, Section 376B, Section 376C, Section 376D, Section 376DA,
Section 376DB], Section 376E or Section 509 of the Indian Penal Code (45 of
1860) is alleged to have been committed or attempted, then such information
shall be recorded, by a woman police officer or any woman officer:

Provided further that--

(a) in the event that the person against whom an offence under
Section 354, Section 354A, Section 354B, Section 354C,
Section 354D, Section 376, 55A[Section 376A, Section
376AB, Section 376B, Section 376C, Section 376D, Section
376DA, Section 376DB], Section 376E or Section 509 of the
Indian Penal Code (45 of 1860) is alleged to have been
committed or attempted, is temporarily or permanently
mentally or physically disabled, then such information shall
be recorded by a police officer, at the residence of the person
seeking to report such offence or at a convenient place of
such person's choice, in the presence of an interpreter or a
special educator, as the case may be;

(b) the recording of such information shall be videographed;

(c) the police officer shall get the statement of the person
recorded by a Judicial Magistrate under clause (a) of sub-
section (5A) of Section 164 as soon as possible.

(2) A copy of the information as recorded under sub-section (1) shall be given
forthwith, free of cost, to the informant.
 Justice V. Ramkumar,
2 Former Judge, High Court of Kerala.

(3) Any person, aggrieved by a refusal on the part of an officer in charge of a

police station to record the information referred to in sub-section (1) may
send the substance of such information, in writing and by post, to the
Superintendent of Police concerned who, if satisfied that such information
discloses the commission of a cognizable offence, shall either investigate the
case himself or direct an investigation to be made by any police officer
subordinate to him, in the manner provided by this Code, and such officer shall
have all the powers of an officer in charge of the police station in relation to
that offence.”

Section 157: Procedure for investigation

(1) If, from information received or otherwise, an officer in charge of a police

station has reason to suspect the commission of an offence which he is
empowered under Section 156 to investigate, he shall forthwith send a report of
the same to a Magistrate empowered to take cognizance of such offence upon a
police report and shall proceed in person, or shall depute one of his subordinate
officers not being below such rank as the State Government may, by general or
special order, prescribe in this behalf, to proceed, to the spot, to investigate the
facts and circumstances of the case, and, if necessary, to take measures for the
discovery and arrest of the offender:

Provided that--

(a) when information as to the commission of any such offence is

given against any person by name and the case is not of a serious
nature, the officer in charge of a police station need not proceed
in person or depute a subordinate officer to make an
investigation on the spot;

(b) if it appears to the officer in charge of a police station that there

is no sufficient ground for entering on an investigation, he shall
not investigate the case:

Provided further that in relation to an offence of rape, the recording of

statement of the victim shall be conducted at the residence of the victim or in the
place of her choice and as far as practicable by a woman police officer in the
presence of her parents or guardian or near relatives or social worker of the
locality.
 Justice V. Ramkumar,
3 Former Judge, High Court of Kerala.

(2) In each of the cases mentioned in clauses (a) and (b) of the proviso to sub-
section (1), the officer in charge of the police station shall state in his report his
reasons for not fully complying with the requirements to that sub-section, and,
in the case mentioned in clause (b) of the said proviso, the officer shall also
forthwith notify to the informant, if any, in such manner as may be prescribed by
the State Government, the fact that he will not investigate the case or cause it to
be investigated.
 Justice V. Ramkumar,
Former Judge, High Court of Kerala.

STATUTORILY ENUMERATED POWERS OF INVESTIGATION OF

AN SHO UNDER THE Cr.P.C.

Sl.No. S E C T I O N S PURPOSE
1. 4(1) & (2) Procedure to be adopted for investigation of offences
under the Indian Penal Code and other laws.
2. 36 Chapter IV – Part A. Power of superior Police Officers to
investigate an offence.
3. 41 to 60 and 60A Chapter V – Provisions pertaining to arrest of persons
during investigation.
4. 91 to 105 Chapter VII – Provisions pertaining to search and seizure
during investigation.
102 Power to seize property and forthwith report to
Magistrate.
5. 154 Information in cognizable cases. (FIR)
6. 155 Information as to non-cognizable cases and investigation
of such cases.
7. 156 Police officer’s power to investigate cognizable case.
8. 157 Procedure for investigation.
9. 158 Report under Section 157 to the Magistrate to be
submitted through designated superior officer.
10. 160 Police Officer’s power to require attendance of persons
acquainted with the facts and circumstances of the case.
11. 161 Examination by the Police of persons acquainted with
the facts and circumstances of the case.
12. 162 Statements to Police not to be signed and the extent of
user of such statements in evidence.
13. 163 No inducement, threat or promise to be offered by the
Police Officer.
14. 164 (1) to (5) Recording of confessions of accused and statements
(other than confession) of persons by Magistrate.
164 (5-A) (a) Compulsory recording of statements by Magistrate of
victims of certain specified erotic offences.
164 (5-A) (b) Statement so recorded of a person who is temporarily or
permanently mentally or physically disabled, to be
treated as examination-in- chief under Section 137 of the
 Justice V. Ramkumar,
Former Judge, High Court of Kerala.

Evidence Act.
15. 164 A Medical examination of a rape victim.
16. 165 Search by an SHO during investigation either directly or
through a subordinate officer.
17. 166 Request by the SHO to the SHO of another Police Station
to issue search warrant.
18. 166 A Letterogatory for investigation in a country or place
outside India.
19. 166 B Letterogatory from a country or place outside India to a
Court or authority for investigation in India.
20. 167 Procedure to be followed when investigation cannot be
completed in 24 hours.
21. 168 Report of the result of investigation by a subordinate
Police Officer to the SHO.
22. 169 When the investigation does not produce sufficient
evidence or reasonable ground to forward the accused
for trial, SHO to release the accused on his executing
bond.
23. 170 When the investigation has produced sufficient evidence
or reasonable ground to forward the accused or commit
him for trial, the SHO to forward the accused to the
Magistrate after taking security from the accused for his
due appearance.
24. 171 Complainant and witnesses on their way to any Court
not to be required to accompany Police Officer and not
to be subjected to any restraint.
25. 172 Diary of proceedings in investigation (i.e. Police diary or
case diary).
26. 173 Submission of “Police Report” before the Magistrate
upon completion of investigation.
27. 174 and 175 Investigation including inquest into suicide or other cases
of unnatural death.