Understanding Section 154 CrPC: Vital Insights into Information in Cognizable Cases

The Code of Criminal Procedure (CrPC) in India is an extensive legal framework designed to regulate the administration of criminal law. Among its numerous sections, Section 154 stands out due to its critical role in the registration of cognizable offences. This article delves into the intricacies of Section 154 CrPC: Information in cognizable cases, providing a comprehensive understanding of its provisions, procedures, and legal implications.

The Code of Criminal Procedure (CrPC) serves as the bedrock of India’s criminal justice system. Enacted in 1973, it outlines the procedural aspects of criminal law, ensuring that justice is administered efficiently and fairly. Among the myriad sections of this comprehensive code, Section 154 is particularly pivotal as it pertains to the information in cognizable cases. This section lays the groundwork for the initiation of criminal investigations, marking the first step in the pursuit of justice.

Bare Act. Section 154 Cr.P.C.
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:
1[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, section 376A, section 376B, section 376C, section 376D, 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, 2[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 video graphed;
(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.] ;
(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.
(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.

STATE AMENDMENTS
Chhattisgarh
In first proviso to sub-section (1) of section 154 of the Code of Criminal Procedure (here-in-after referred to as the Code) for the words and figure "or section 509" the words, figures, letters and punctuations, "section 509, section 509A or section 509B" shall be substituted.
[Vide Chhattisgarh Act 25 of 2015, sec. 7.]
Arunachal Pradesh
Amendment of section 154.--In the first proviso to sub-section (1) of section 154 of the principal Act, for the words, figures and letters "section 326A, section 326B, section 354, section 354A, section 354B, section 354C, section 354D, section 376, section 376A, section 376B, section 376C, section 376D, section 376E or section 509 of the Indian Penal Code the words, figures and letters "section 326A, section 326B section 354, section 354A, section 354B, section 354C, section 354D section 376, section 376A, section 376AA, section 376B, section 376C, section 376D, section 376DA, section 376E or section 509 of the Indian Penal Code" shall be substituted.
In the sub-proviso (a) of the second proviso to sub-section (1) of section 154 of the principal Act, for the words, figures and letters "section 354, section 354A, section 354B, section 354C, section 354D, section 376, section 376A, section 376B, section 376C, section 376D, section 376E or section 509 of the Indian Penal Code" the words, figures and letters "section 354, section 354A, section 354B, section 354C, section 354D, section 376, section 376A, section 376AA, section 376B, section 376C, section 376D, section 376DA, section 376E or section 509 of the Indian Penal Code" shall be substituted.
[Vide Arunachal Pradesh Act 3 of 2019, s. 13]

1. Ins. by Act 13 of 2013, s. 13 (w.e.f. 3-2-2013).
2. Subs. by Act 22 of 2018, s. 11, for "section 376A, section 376B, section 376C, section 376D" (w.e.f. 21-4-2018).

Understanding Section 154 CrPC

Section 154 CrPC is a crucial provision that dictates the manner in which information regarding cognizable offences is to be recorded. Cognizable offences, as defined by law, are those where a police officer has the authority to make an arrest without a warrant and start an investigation without the direction of a magistrate. The essence of this section lies in its procedural mandate to record every piece of information about such offences promptly and accurately.

Cognizable vs. Non-Cognizable Offences

To grasp the significance of Section 154 CrPC, it is essential to distinguish between cognizable and non-cognizable offences:

• Cognizable Offences: Serious crimes such as murder, rape, theft, and dacoity fall under this category. Police have the authority to arrest without a warrant and initiate investigations independently.
• Non-Cognizable Offences: Lesser offences like assault, cheating, and defamation. Police require a magistrate’s permission to investigate and cannot arrest without a warrant.

Understanding these distinctions is vital for comprehending the procedural requirements and the legal implications of Section 154.

Procedures Under Section 154 CrPC

The procedure outlined in Section 154 for lodging a First Information Report (FIR) is straightforward yet critical:

1. Filing the Complaint: Any person can report the commission of a cognizable offence, either orally or in writing, to the officer in charge of a police station.
2. Recording the Information: If given orally, the information must be written down by the police officer and read over to the informant for verification.
3. Signature of the Informant: The person giving the information is required to sign the recorded statement. If they refuse, the officer must record the refusal.
4. Dispatch to Magistrate: A copy of the FIR must be sent promptly to the relevant magistrate.

Role of Police Officials

Under Section 154 CrPC, police officials bear significant responsibilities:

• Recording Complaints: They must record every complaint of a cognizable offence accurately and promptly.
• Verification and Signature: Ensuring the informant verifies and signs the statement to confirm its accuracy.
• Investigation: Initiating an investigation immediately after recording the FIR.
• Transparency: Ensuring the complainant receives a copy of the FIR free of charge.

Legal Framework and Judicial Interpretation

The interpretation and application of Section 154 CrPC have been shaped by numerous judicial pronouncements. Key judgments have reinforced the importance of adherence to procedural mandates to uphold the integrity of the criminal justice system. For instance, the Supreme Court in Lalita Kumari v. Government of Uttar Pradesh mandated the compulsory registration of an FIR upon receiving information about a cognizable offence, thus preventing arbitrary action by the police.

Importance of FIR (First Information Report)

The FIR is a cornerstone of the criminal justice process under Section 154 CrPC. It serves multiple purposes:

• Initiation of Investigation: Marks the beginning of police investigation into the alleged offence.
• Legal Document: Acts as a formal record that can be used in court proceedings.
• Accountability: Ensures that police action is documented and can be reviewed by higher authorities or the judiciary.

Amendments and Reforms

Over the years, Section 154 CrPC has undergone various amendments to enhance its efficacy and address emerging challenges. Recent reforms focus on ensuring greater transparency, reducing delays, and improving the accessibility of the FIR process for marginalized communities.

Challenges and Issues

Despite its robust framework, Section 154 CrPC faces several challenges in practical implementation:

• Non-Registration of FIRs: Instances where police refuse to register FIRs, often due to corruption or external pressure.
• Delayed Registration: Delays in recording information can hinder the investigation process.
• Access Issues: Marginalized groups often face difficulties in accessing police services and ensuring their complaints are recorded.

Case Studies

Analyzing real-life cases provides valuable insights into the application of Section 154 CrPC. For instance, the case of Priyanka Srivastava v. State of UP highlighted the issue of non-registration of FIRs and led to directives ensuring stricter compliance with procedural mandates.

Conclusion

Section 154 CrPC is integral to the criminal justice system, ensuring that information regarding cognizable offences is recorded promptly and accurately, thereby facilitating the effective administration of justice. Understanding its provisions, procedures, and implications is essential for both legal practitioners and the general public.

Frequently Asked Questions