(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, 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, 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 persons
choice, in the presence of an interpreter or a special educator, as the case may
be;
(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).
Code of Criminal Procedure (CrPC)
151 CrPC Information of design to commit cognizable offences
152 CrPC Prevention of injury to public property
153 CrPC Inspection of weights and measures
154 CrPC Information in cognizable cases
155 CrPC Information as to non-cognizable cases and investigation of such cases
156 CrPC Police officer's power to investigate cognizable case
157 CrPC Procedure for investigation
159 CrPC Power to hold investigation or preliminary inquiry
160 CrPC Police officers power to require attendance of witnesses