CrPC Section 158
Section 158 – Information in cognizable cases and inquiry by police
Legal Provision (Simplified):
When information is received about the commission of a cognizable offence, the police are required to:
Register the information as a First Information Report (FIR),
Immediately proceed to investigate the case,
Make inquiries or arrests as needed,
Or submit a report to a magistrate if further investigation is required.
Key Points:
Cognizable offences are serious crimes where police can investigate and arrest without prior magistrate approval.
The police must not refuse to register an FIR if the information relates to a cognizable offence.
The FIR initiates the criminal investigation process.
The police can start investigation immediately without waiting for magistrate’s permission.
Process:
Receiving Information: Police receive information about a cognizable offence.
Registration of FIR: Police must register an FIR.
Investigation: Police investigate the offence — collect evidence, question witnesses, arrest suspects.
Report Submission: If needed, police submit a report (charge sheet or closure report) to the magistrate.
Example:
If someone reports a theft or assault (both cognizable offences), the police must register the FIR and begin investigation right away.
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