Offences under IPC
An offence generally denotes a thing, act or omission made punishable by law.
e.g. if someone steals mobile phone of another, he is said to have committed an
act of theft. If somebody drives a car and fails to take care of the safety of
others and causes accident, he becomes liable because of omission. Punishment by
way of compensation for injury of loss caused to the aggrieved person is the
relief against an offence. Punishment for offences including offences against
person and property has been provided in Indian Penal Code (IPC). There are
several Special Acts providing punishment for particular kind of offences. e.g.
POSCO, Negotiable Instruments Act etc.
Investigation under CRPC of an offence
Investigation of a Crime starts with recording of FIR (First
Information Report) with the Police. Procedure for recording
FIR, investigation and enquiry are according to CRPC. After
investigating the matter, Police presents challan in Court in
the form of a Report under Section 173 of CRPC (Code of Criminal
Procedure, 1973). If police registers a case or records FIR and
begin investigation, the case proceeds as 'State Case'. Before
the investigation is conducted by the Police, they must have
information or knowledge of commission of crime. There is
procedure as to inform the police about commission of a crime.
Private Complaints with Magistrate
If Police refuses to register a case or record FIR, the victim
can approach the court and file Private Complaint. In such
matter the case becomes a 'complaint case'. In case of Private
Complaint the Magistrate conducts enquiry before issuance
process to the accused. Procedure for filing of Private
complaint, investigation, inquiry and trial are as per CRPC.
Complaint is an allegation made to a Magistrate with an intent
to take action against the offender. Complaint may be made
orally or in writing. The information given to police only for
the sake of information and not for initiating action, is not
called a complaint.
Type of Offences
Crime may be classified as a cognizable offence or
non-cognizable offence.
Cognizable offence
As per Section 2(c) of CRPC, cognizable offence means and
offence for which a Police Officer may arrest the accused
without Warrant. e.g. If one person causes hurt to another
person by dangerous weapons or means, the persons commits a
cognizable offence. In such cases the accused can be arrested by
a Police officer without a warrant by following the due process
of law for the time being in force or in accordance with the
First Schedule appended to the CrPC.
Non Cognizable Offences
As per Section 2(1) of Cr PC, Non Cognizable offence means an
offence for which a Police officer has no authority to arrest
without Warrant. e.g. if any person voluntarily causes simple
injury or hurt, he commits a non cognizable offence. In such
cases the accused cannot be arrested without warrant.
Police Report
Police Report is the report submitted by Police under Section
2(r) of CRPC after investigating into the matter with a
disclosure of commission of a cognizable offence. However when
the Police submits such a report to the effect that
investigation has disclosed commission of a non-cognizable
offence, such report is treated as a complaint and police
officer after making the same is treated as a complainant under
Section 2(d) of CrPC.
Final Report
Whenever police submits a report, after investigating into a matter, that
investigation has disclosed commission of no offence at all, such report is
generally called a final report.
Informing the Police about Commission of a Cognizable Offence
If a person is a victim of an offence or have knowledge of commission of an
offence, the person may inform the Police orally or in writing. The the person
informs orally, the information has to be reduced into writing by the Police.
The informant will have to sign the information.
What is FIR
The information regarding commission of an offence has to be entered in the book
available with the Police. The information so recorded is called First
Information Report (FIR). The informant is entitled to receive a copy of FIR
free of cost. The object of recording First Information Report is to put into
writing the statement of the informant before memory fails or before the
informant gets time, an opportunity to embellish the information.
In most of the places in India, there is the facility to give information to
Police about commission of crime, through Police Control Rooms, i.e. PCRs by
dialing No. 100. As and when the PCR staff receives a call at No. 11,
information is required to be recorded in the PCR form available with the PCR
staff. The information will be forwarded to the local police. The local Police
in turn records the information received from PCR in a Daily Diary Register.
Then further steps are taking for enquiry or investigation into the matter.
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