Outline of Section 154 & 161 criminal procedure code/ difference of Both....... 1. Introduction 2. Definition of section 154 3. Definition of section 161 4. Ingredients of First information report • It is information which is given to police officer • Information must relate to cognizable offence • It is an information firs in point of time • It is on the basis of information that investigation into the offence commences. 5. Difference between section 154 and 161 cr.pc i. As to first hand and subsequent information ii. As to object and purpose iii. As to signing the statement record iv. As to discretion to record statement v. As to entry in prescribed register vi. As to contradiction and corroboration vii. Competent authority to record 6. Object & purpose of section 154 7. Object & purpose of section 161 8. Evidentiary value of section 154 & 161 9. Sum up 1 Introduction 2 Definition of section 154 code of criminal procedure Every information relation to commission of cognizable offence if given orally to an officer in charge of 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 Provincial Government may prescribed in this behalf. 3 Ingredients of section 154 i It is information which is given to police officer ii Information must relate to cognizable offence iii It is an information firs in point of time iv It is on the basis of information that investigation into the offence commences. 4.Definition of section 161 code of criminal procedure Any police officer making an investigation under this chapter or any police officer not below such rank as the provincial government may, by general or special order, prescribe in this behalf; acting on the requisition of such officer may examine orally any person supposed to be acquitted with the facts and circumstances of the case. Such person shall be bound to answer all questions relating to such case put to him by officer, other than questions the answer to which would have a tendency to expose him to a criminal charge or to a penalty or forfeiture. The police officer may reduce into writing any statement made to him in the course of an examination under this section and if he does so he shall make a separate record of the statement of each such person whose statement he records. 5 Difference b/w Section 154 & 161 i. As to first hand and subsequent information ii. As to object and purpose iii. As to signing the statement record iv. As to discretion to record statement v. As to entry in prescribed register vi. As to contradiction and corroboration vii. Competent authority to record 6 Object & purpose of section 154 It is held in 2002 pcr.lj 1785 that the primary object of FIR is to convey information about the commission of a cognizable offence which a police officer is competent to investigate as under section 156 crpc. It is meant to set in motion investigating agency to probe in to commission of offence and unearth the truth. Its purpose is to make a case against an offender and to bring in notice of the authorities the commission of offence. 7 Object & purpose of section 161 According to PLD 1996 Lah 286 the object and purpose of the statement of witnesses recorded during course of investigation is to enable the accused to prepare his defence. Accused has a right to confront the witness with his statement recorded under section 161 crpc. 8 Evidentiary value of section 154 & 161 It is settled principal of law that a FIR is not a substantive piece of evidence, that is to say, It is not evidence of the facts which are mentioned. Though the FIR is not Substantive evidence, it can be used to corroborate and contradict. Evidentiary value of FIR is far greater than of any other statement recorded by police during the course of investigation. However its importance as conveying the earliest information regarding the occurrence cannot be doubted. Statement recorded under section 161 is only for contradiction and cannot be corroborated. It is of less importance as its supplementary statement of the facts which are mentioned in first information report, by the witnesses who are acquainted with the facts of the case. 9 sum up please fill difference by yourself... improvements are welcomed through comments
Posted on: Tue, 21 Oct 2014 17:20:51 +0000
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