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.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, section1 376AB, section 376B, section 376C, section 376D, section 376DA, section 376DB, section 376E or section 509 of the Indian Penal Code 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— 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, section1 376AB, section 376B, section 376C, section 376D, section 376DA, section 376DB, section 376E or section 509 of the Indian Penal Code 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 person’s choice, in the presence of an interpreter or a special educator, as the case may be; the recording of such information shall be video graphed; 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. A copy of the information as recorded under Sub-Section (1) shall be given forthwith, free of cost, to the informant. 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. 1 Criminal Law (Amendment) Act, 2018
Code of Criminal Procedure, 1973
Section 154
Information in cognizable cases
⚡ Quick Answer Reference: Section 154 CrPC
- Provision: Section 154 of CrPC
- Act: Code of Criminal Procedure, 1973
- Classification: criminal procedure
- Jurisdiction: India
- Summary: This section requires police to record information about cognizable offenses in writing, read it back to the informant, and have them sign it. It also provides special procedures for recording information from women and disabled persons.
What does Section 154 of CrPC say?
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What does Section 154 of CrPC mean?
Plain English Explanation
This section requires police to record information about cognizable offenses in writing, read it back to the informant, and have them sign it. It also provides special procedures for recording information from women and disabled persons.
Practical Interpretation
In practice, this section ensures that police stations maintain a formal record of all cognizable offense reports, which helps in investigations and provides a basis for further action. It also safeguards the rights of vulnerable informants.
Core Legal Purpose
The core purpose is to establish a formal and transparent process for reporting and recording cognizable offenses, ensuring that all such information is properly documented and investigated.
- •The information must relate to a cognizable offense.
- •The information must be given to an officer in charge of a police station.
- •The key legal test is whether the offense is cognizable, which determines the applicability of this section.
- •A key exception is the provision for women and disabled persons, which requires special procedures for recording their information.
Practical Example of Section 154 CrPC
Rajesh, a victim of theft, goes to the police station to report the crime. The officer in charge reduces Rajesh's oral statement to writing, reads it back to him, and asks him to sign it. The officer then enters the substance of the information into a prescribed book. If Rajesh were a woman reporting a sexual offense, a woman police officer would record her statement, and if Rajesh were disabled, the statement would be recorded at his residence or a convenient place of his choice.
Frequently Asked Questions about Section 154 CrPC
Q: What is the punishment or consequence under Section 154 of CrPC?
This section is a procedural provision and does not prescribe a penal punishment.
Q: Does this section apply to private individuals or public entities?
This section applies to the process of reporting and recording cognizable offenses with the police, which can involve both private individuals and public entities.
Q: Is an offence under this section bailable or cognizable?
This section deals with the procedure for reporting cognizable offenses, but it does not classify offenses as bailable or cognizable itself. The classification of an offense as bailable or cognizable depends on the specific offense being reported.
Common Questions about Section 154 CrPC
What is Section 154 of CrPC?
Section 154 of the Code of Criminal Procedure, 1973 (CrPC) defines and regulates "Information in cognizable cases". In plain terms: This section requires police to record information about cognizable offenses in writing, read it back to the informant, and have them sign it. It also provides special procedures for recording information from women and disabled persons.
What is the punishment under Section 154 of CrPC?
Section 154 of CrPC does not prescribe a specific criminal punishment, or it is a procedural provision.
Is Section 154 of CrPC bailable or non-bailable?
Whether Section 154 of CrPC is bailable or non-bailable depends on the schedule classification.
What are the elements of Section 154 of CrPC?
The essential elements of Section 154 of CrPC are: The information must relate to a cognizable offense.; The information must be given to an officer in charge of a police station.; The key legal test is whether the offense is cognizable, which determines the applicability of this section..
What replaced Section 154 of IPC in BNS?
Section 154 of the Indian Penal Code (IPC) was replaced by Section 173 of the Bharatiya Nyaya Sanhita (BNS) 2023. FIR: BNSS mandates electronic filing option. 90-day charge sheet deadline added.
⚠️ Material Change: FIR: BNSS mandates electronic filing option. 90-day charge sheet deadline added.
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