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Wednesday, 28 December 2016

Filing criminal case under Code of Criminal Procedure, (Act No. 5 of 1898)

The way of filing criminal case:

The commission any offence committed by the offender the case is filled agai st him.There are two ways if commencing criminal case against the offenders as follows-

The first Information Report:

The First Information Report can be oral or written.In spite of giving the FIR orally the informer has to sign on the written paper or give the finger print/thumb impression after writing the case.In section 154 of the Code of Criminal Procedure-1898,it has been stated about the procedure of filing the first information report that-
" Every information relating to the commission of cognizable offence if given orally to the officer in charge of a police station,shall be reduce to writing by him or under his direction and be written 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 entered in a book to be kept by such officer in such form as the government may prescribe in this behalf".
on this basis of having information by telegram or telephone the police officer will go to the place of accurence and write the real fact by hearing of the informant also get the signature or take the finger print/thumb impression on the written first information report,then it will be considered as the complete first information report.On the condition the first information report is not accepted as the fundamental evidence.According  to the section 157 of The Evidence Act-1872 it is accepted in support of the former statement of witness to be proved to corroborate the later testimony as to same  fact of stet enemy's of the witness tending to Corroborate evidence of relevant fact is admissible.

The use of First Information Report(FIR):

Generally the filing of First Information Report is two types:(1)G R case(2) Non G.R case.Though the filing of The First Information Report the place time fact reason and purpose of commuting the offence is mentioned by the informant .These ingredients will indicate the accused towards the punishment by considering the witness evidence and proof of the case.The case should be filled without delay after the commission of the criminal offence.