Assignment on Registration of FIR to Report of Police officer

Submitted to: Sir Imran

Submitted by: Waqas Saeed
Roll no: B-21730 (A section)
Subject: Cr.pc

University of South Asia

Introduction:
First Information Reports (FIRs) are written reports prepared by police in response to the report of an
event or criminal incident brought to their attention. FIRs are a record of the initial information that is
provided by a complainant to the police.
Anyone can report the commission of a cognizable offence either orally or in writing to the police. Even a
telephonic message can be treated as an FIR. Police officers may also file FIRs on their own initiative.
FIRs are prepared "when police receive information about the commission of a cognizable offence", an
offence for which police are not required to obtain an arrest warrant to make an arrest. As the CPDI-
Pakistan explains, police are "authorized to start a investigation into a cognizable case on their own and
do not require any orders from the court to do so" .
FIRs are prescribed in Section 154 of the Pakistan Code of Criminal Procedure which states:
154. Information in cognizable cases. ... 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 Provincial Government may prescribe in
this behalf.

Format of FIR:
FIRs are usually handwritten in the Urdu language . In 6 October 2010 correspondence with the Research
Directorate, a Lahore-based lawyer, who is also an advocate with the Lahore High Court and a frequent
commentator on legal and human rights issues, explained that an FIR includes the following information:
a. Report [number];
b. Date and time of report;
c. Complainant/informant's name and residence;
d. provision of Penal Code applicable to the offence;
e. site of occurrence of offence;
f. name of the accused, if known/or suspect;
g. reason for delay in investigation of crime, if any.

Remedy when FIR is not register by Police:

CPDI-Pakistan provides the following information on steps an individual can take if police do not register
an FIR:
1. You can meet the District Police Officer (DPO) or Capital City Police Officer (CCPO) or other higher
officers like Deputy Inspector General (DIG) of police and Provincial Police Officer (PPO) and bring
your complaint to their notice.
2. You can send your complaint in writing and by post to the DPO, CCPO, DIG or PPO concerned. If the
DPO, CCPO, DIG or PPO is satisfied with your complaint, he shall order the registration of FIR.
3. You can file a complaint to the District Public Safety and Police Complaints Authority in your district.
4. You can file a private complaint before the court having jurisdiction.
If the police are not cooperating, it is possible to obtain a court order to register an FIR but that it is time-
consuming and costly to do so.

Witness in FIR:
After the lodging the FIR the next step is to examine the witnesses by police officer. The section 162 of
crpc gives power to the police officer to examine the witnesses and ask the questions regarding the
offence Person shall be bound to answer all- questions relating to such case put to him by such officer,
other than questions the answers to which would have a tendency to expose him to a criminal charge or to
a penalty or forfeiture. Witness’s statement is must be recorded without any inducement or threat and No
police officer may compel to witness to record the statement according to his desire. S.163 Cr.pc restrict
these acts.

Production of accused before Magistrate.

Accused has to be produced before a Magistrate within twenty-four hours under all circumstances of his
arrest. If a person arrested or taken into custody is not produced within twenty-four hours before a
Magistrate, his custody is deemed to be illegal any without lawful authority. Section 61, Cr.P.C. limits the
powers of police with regard to detention of an accused even for one single hour; excluding the time for
journey from the place of arrest to the Magistrate; in absence of special order of a Magistrate under
section 167, Cr.P.C. The time of twenty-four hours for production of accused is to be computed from the
time of arrest (by taking the person into custody or by restraining his movement through words) which is
apparent from memo of arrest prepared by police at the time of arrest.

Police’s demand Remand:

‘Remand’ denotes sending back a person into custody to secure investigation or trial. If it appears that
investigation of a case is not completed within twenty four hours as stipulated in sect. 61, Cr.P.C. and the
investigating officer is of opinion that the custody of the arrested accused is required for the purpose of
investigation, he may seek police custody remand of the accused for as long as up-to fifteen days in total
(Ref. Sec.167, Cr.P.C.). The objective of remand is recovery of some article or evidence from the accused
to establish the case of prosecution; if it is not required, the purpose is defeated and further police custody
remand shall not be given. It must be kept in mind that the detention in police custody is generally
disfavored by law.

Remand of women Require by Police:

The section 167(5), Cr.P.C. provides that a woman cannot be remanded to police custody except when
she is involved in cases of qatal or dacoity. In other non bailable offences, she has to be sent to judicial
custody; subject to provisions of bail; and, investigating officer may, if needed, interrogate her in prison
and that too, in presence of an officer of jail and a lady police officer.

Bail under FIR.

The topic of bail is not essentially pertaining to investigation stage only. Bail application can be moved at
any stage of criminal proceedings: at time of investigation or inquiry or trial. But since it can be moved
even in initial stages, the topic is dealt with in this chapter.
i. Bail by police or by Magistrate.
Police and Magistrate have parallel powers for admitting an accused on bail, in Cr.P.C. The difference is
that police bail in non-bailable offences comes to an end with the conclusion of investigation excepting in
cases of bailable offences, the police secure securities from the accused for appearance before Magistrate
on a day fixed or from day to day until otherwise directed.
ii. Bail in bailable offences:
The second Schedule of Cr.P.C. divides offences in bailable and non bailable. Section 496, Cr.P.C. deals
with bailable offences and provides that accused shall be released against surety determined by Court on
bail in bailable offences when he is arrested or detained by police. Bail cannot be refused by Court in
such offences.
iii. Bail in non-bailable offences .
Section 497, Cr.P.C. deals with non-bailable offences.As a general rule, the Court shall release a person
accused of non bailable offence and who is in police custody. There are three exceptions to this rule in
which court should not ordinarily admit accused to bail; where the Court has reasons to believe that the
accused is guilty of offence punishable with death or life imprisonment or imprisonment for ten years.

Challan or police report u/s 173.

The word challan does not figure anywhere in the Cr.P.C., however, it has been referred to as such in
Police Rules. The Cr.P.C. refers to the term “Police Report” in Section 173. A challan or a final report of
investigation under S.173, Cr.P.C. are one and the same thing according to the scheme of things in
Cr.P.C. Whatever may be the finding of Investigation Agency about the innocence or otherwise of the
accused, the same is to be produced before the Criminal Court by preparing or filing report under S.173.
Cr.P.C.

Report of police officer (Sec. 173, Cr.P.C).

Law provides that every investigation has to be completed without unnecessary delay and as soon as it is
completed, the officer in charge of a police station shall through public prosecutor forward a report to the
Magistrate having jurisdiction to take cognizance of offence on such report; the report should be in a form
prescribed by Provincial Government and should show the names of the parties, the nature of the
information, the names of witnesses (persons acquainted with the circumstances of the case), and the fact
as to if the accused has been forwarded in custody or has been released on his bond (if so, whether with or
without sureties). The investigation should be completed within fourteen days from the date of F.I.R. and
if it does not happen so, an interim report showing investigation till then, be submitted within three days
after then. The Court may commence the trial on basis of such interim report or may record reasons if it
desires that the trial should not be commenced by then. The Investigating officer may continue
investigation and submit collection of new evidence before the Court which may be considered by the
same as one of relevant factors to decide the matter. The police officer along with the report shall produce
witnesses, except the public servants, and Magistrate shall bind such witnesses or appearance before him
or any other court as the case may be, on date of trial.

Conclusion:
The criminal judicial system prescribed the whole procedure if the complainant have face any issue by the
accused person, he may register the FIR nearby his police station, The criminal procedure code covers all
the matters and procedure which is need to be followed by the complainant and in case of any issue he
may seek an other ways if the police is not cooperating with the complainant or investigation is not fair.
The justice came into by the courts to give relief to the victim.