Criminal Procedure Code, 1973, Section 154 -- FIR - It is not condition precedent that a crime can be registered only when cognizable offence is committed - There may be situations when on loss of credit card, passport or other valuable document, issuing authority thereof may insist for intimation to be given and registration of a case thereof by the police to enable them..........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 302, 376 - - Murder and rape - Delay in lodging FIR - Incident occurred at 4.30 P.M. on 05.03.2002 - Complaint was made by PW1 at 11.05 P.M. on same day - Distance between place of incident and police station is 2 kms - PW1-father of victim is a villager and on hearing the incident through PWs.2..........
Criminal Procedure Code, 1973, Section 154 -- FIR - Held, it is not an encyclopedia - It is just an intimation of occurrence of an incident and it need not contain all the facts related to said incident...........
Criminal Procedure Code, 1973, Section 154, Indian Penal Code, 1860, Section 302 -- FIR - Murder - FIR was lodged on same day within one and half hour after covering a distance of five miles by PW1, father of the deceased - FIR discloses old enmity, sufficient motive, date, time, place of incident, name of accused persons, firearms used by them and role played by each of..........
Criminal Procedure Code, 1973, Section 154 -- FIR - Delay - Victim when suffers injuries on a vital part, then it is but natural that he will first rush to hospital than going to the police station - Some delay in lodging FIR not fatal to the prosecution case...........
Criminal Procedure Code, 1973, Section 154 -- Name of the witnesses who saw the occurrence was not mentioned while lodging FIR by the son of deceased - No adverse inference drawn...........
Criminal Procedure Code, 1973, Section 154, Evidence Act, 1872, Section 8, 25 -- FIR - Lodged by accused himself - Admissible against accused as evidence of his conduct u/s 8 of Evidence Act - Information, if, non confessional, is admissible against accused as an admission u/s 21 of Evidence Act and is relevant - However, a confessional first information report by the..........
Criminal Procedure Code, 1973, Section 154 -- FIR - Object of lodging - Held, to set in motion criminal justice system by reporting an offence when the FIR mentions essential fact or broad picture about it - It is considered as an information for police to take cognizance of offence reported - FIR is not expected to be verbatim summary of entire prosecution case nor it is..........
Criminal Procedure Code, 1973, Section 154,157 -- FIR - Delay in lodging and late delivery to Magistrate - Incident took place at 10.00 A.M. and FIR lodged at 12.00 Noon which reached Magistrate at 6.45 PM - Complainant had to travel 30 kms on a mud road to reach Police Station from the scene of crime and absence of S.I. in the Police Station further contributed in delay..........
Criminal Procedure Code, 1973, Section 154 -- FIR - Delay of two days - Complainant went to police station but no police official was present on account of VIP duty - Explanation not satisfactory - It is highly improbable to believe that no police official was present in the police station at the relevant time - Held, inordinate delay of more than two days in lodging FIR..........
