22-02-13

What about F.I.R on telephone or telegram?

What about F.I.R on telephone or telegram?

Legally a case may not be registered as...

(a) as there is always a doubt about its authenticity

(b) as it does not satisfy the tests of Section 154 Criminal Procedure Code being not an oral statement reduced into writing; read over, admitted correct and signed by the informer. Message to the police on telephone that an injured person was lying amount to FIR (Sukharam Vs. State of Maharashtra (1969) 3 SCC, 730.

On receipt of telegram in railways case may be registered. Normally enquiry should be made and on receipt of an original telegram which contains the thumb impression or signatures, case may be registered.

Officer incharge should begin to write FIR in the First Information Report Register at the dictation of the informer. According to para 24.5 Punjab Police Rules, the register shall be a printed book consisting of 200 pages and shall be completely filled in before a new one is started. Cases shall bear annual serial number in such Police Station for each calendar year. Every four pages of the register shall be numbered with the same number and shall be written at the same time by carbon copying process. The original copy shall be a permanent record of Police Station. The other three copies shall be submitted to (a) Superintendent of Police or Deputy Commisioner of Police or other Gazetted Officer nominated by him (b) to the Metropolitan Magistrate empowered to take cognizance of the offence as is required by Sec. 157 Criminal Procedure Code. (c) one to the complainant. The seal of the Police Station shall be put on every copy and original.

If an informer refuses to sign the F. I. R. he is guilty of offence u / s 1 80 Indian Penal Code which is as follows..-

'Whoever refuse to sign on any statement made by him, when required to sign that statement by a public servant, legally competent to require that he shall sign that statement, shall be punished with simple imprisontment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both".

If the Police Officers refuses to enter the FIR and instead enters in D.D. Register a totally different and false report, he is guilty u/s 177/167/218 IPC which are as follows:-

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