DEPT.

OF LEGAL SCIENCE

PROJECT
ON
“CRITICAL ANALYSIS ON SECTION 3(d) OF THE PATENT
ACT,1970”

SUBMITTED IN PARTIAL FULFILMENT OF THE REQUIREMENT FOR

THE AWARD OF THE DEGREE OF BACHELOR OF LAWS

SUBMITTED BY
SHUBHAM JINDAL
ID NO.: 211002010017
SUBJECT: PATENT LAWS
L.L.B (3RD SEMESTER)

SUBMITTED TO
PROF. KULDEEP BAIRWA
 TABLE OF CASES

1) Andhra Pradesh v. Punati Ramulu

2) Surajit Sarkar V. State of West Bengal
3) Lalita Kumari v. State of U.P.& Ors
4) Ram Swarup v. State of UP
5) Kari Chaudhry v. Sita Devi
 RESEARCH QUESTIONS

Q) What are the provisions related to F.I.R? How can a F.I.R be registered?
Q) What is the procedure to be followed to lodge a F.I.R.?
Q) What is the Evidentiary value of F.I.R?
Q) What are the various concepts relating to F.I.R?
 INTRODUCTION

Section 154 of the Code of Criminal Procedure, 1973, covers the first information report
(FIR), or the first information of a cognizable offence to the officer in charge of a police
station. Although the term "FIR" is not defined in the Code, it refers to oral information on
the commission of a cognizable offence that is given to police as soon as possible. An FIR is
not meant to be exhaustive; rather, it is meant to initiate the criminal justice system. The
information given to the police officer in order to register a case could be true and correct.

An FIR is a necessary document for both parties (prosecution and defense). It serves as the
case's first pillar. If the foundation is shaky, the prosecution case will crumble.

One of the most important functions of the police is investigation. An investigation's goal is
to gather evidence and apprehend the wrongdoer. Sections 154 to 176 of Chapter XII of the
Criminal Procedure Code of 1973, titled "Information to Police and Their Power of
Investigation," govern police investigations.

The report first recorded by the police relating to the commission of a cognizable case is the
First Information Report giving information on the cognizable crime.

It may be defined as follows:

1. It is a piece of information given to the police officer.

2. The information must relate to a cognizable offence.

3. It is a piece of information reported first in point of time.

4. The victim of the cognizable offence or someone on his/her behalf gives

information and lodges a complaint with the police.

This is the information on the basis of which investigation begins.

 WHAT IS COGNIZABLE AND NON-COGNIZABLE OFFENCE

COGNIZABLE OFFENCE

A cognizable offence is defined in Section 2(C) of the Code of Criminal Procedure. A

cognizable offence is one that a police officer can arrest without a warrant or the consent or
order of a magistrate under the First Schedule or any other statute currently in effect.

According to Section 154 of the Criminal Procedure Code, in order to initiate an investigation
into a cognizable offence or case, a police officer must first receive the First Information
Report (FIR) pertaining to the cognizable offence, which can be acquired without the
Magistrate’s authorization, and enter it in the general diary.

NON – COGNIZABLE OFFENCE

A non-cognizable offence is one for which the police do not have the legal authority to make
an arrest without a warrant, according to the Criminal Procedure Code of 1973.

If a police officer obtains information on the commission of a non-cognizable offence, he is

required to record the case details in the station diary and direct the informant to contact the
relevant magistrate, according to Section 155 of the Criminal Procedure Code, 1973.

Before beginning an investigation into a non-cognizable offence, the police officer must
obtain the magistrate's approval.

CASES WHERE BOTH COGNIZABLE AND NON-COGNIZABLE

OFFENCES ARE COMMITTED

According to Section 155(4) of the Criminal Procedure Code, if in a case there are two or more
offences and one of them is a cognizable one according to the first schedule of the Indian Penal
Code, the entire case has to be dealt with as a cognizable one. Hence, the investigating officer
will have the same authority to investigate the case as he has in a cognizable case.
 SECTION 154 CRPC

Since the information received u/s 154 is termed as FIR, it is important to know the
provisions relating to the procedure for recording information in respect of cognizable cases
u/s/ 154.

 If the information is given orally to an officer in charge of a police station, it has to be

reduced in writing by the concerned police officer. It should be then read over to the
informant, and then signed by him. The information thus received has to be recorded
in a book authorised by the state government regarding the same.

 A copy of the information recorded is to be given to the informant, free of cost.

 If the officer in charge refuses to record the information, the person may send such
information, the aggrieved person may send, the substance of such information to the
Superintendent of Police and the Superintendent of Police if satisfied about the
commission of the cognizable offence, shall either investigate the case himself or
direct an investigation to be made by the subordinate police officer. Such police
officer shall exercise all the powers of an officer in charge of the police station in the
concerning offence.
When the information is given by a woman against whom any of the offences under sections
326 – A, 326-B, 354, 354-A to 354-D, 376, 376-A to 376-E or 509 IPC is alleged to have
been committed or attempted, such statement shall be recorded by a woman police officer or
any woman officer.

OBJECT OF SECTION 154 CRPC

According to the section, the main goal of the First Information Report (FIR) is to initiate
criminal proceedings, and according to the investigating authorities, it is to gather
information about the alleged criminal activity in order to take appropriate action to find and
prosecute those responsible.

The other objects of recording an FIR include:

 To inform the District Magistrate and the District Superintendent of Police, who
are responsible for upholding safety and tranquillity in the district, about the
offence that was reported at the police station.
  To secure and defend the accused against additions or changes in the future.
CONCEPT OF ZERO FIR

In the case of State of Andhra Pradesh v. Punati Ramulu, it was held that refusal to record an
F.I.R on the ground of that the place of crime doesn’t fall within the territorial jurisdiction of
the police station, amounts to dereliction of duty. Information about cognizable offence
would have to be recorded and forwarded to the police station having jurisdiction and such
F.I.R is called Zero F.IR. The police officers who fail to comply with the registration of Zero
FIR may invite prosecution under Section 166A of IPC and also departmental action.

FALSE FIR

A fraudulent FIR is one in which the information given is misleading and for which a penalty
has been imposed. Anyone who provides wrong information to a public official with the aim
to harm another person is subject to imprisonment for a term that may extend to 6 months, a
fine of up to 1000 rupees, or both under Section 182 of the IPC. Anyone who knows or has
cause to think that an offence has happened and spreads false information about the offence is
subject to a sentence of up to two years imprisonment or a fine, or both under Section 203 of
the IPC.

EVIDENTARY VALUE OF FIR

An FIR is not a substantive piece of evidence. That is, it cannot be considered as evidence of
facts stated therein. However, FIR may be used for the following purposes:

1. It can be used to corroborate an informant witness u/s 157 of Evidence Act. But it
cannot be used to contradict or discredit other witnesses.
2. It can be used to contradict an informant witness u/s 145 of Evidence Act.
3. FIR can be used by the defence to impeach the credit of the maker under sec.
155(3) of the Evidence Act.

4. A non-confessional FIR given by an accused can be used as an admission against

him u/s 21 of Evidence Act.

5. FIR can be used as a dying declaration as substantive evidence If it relates to the

cause or occasion or circumstances and facts which resulted in the informant’s
death. within the meaning of section 32(1) of the Evidence Act.
CASE LAWS RELATING TO F.I.R

CAN CRYPTIC INFORMATION AMOUNTS TO F.I.R.?

In the case of Surajit Sarkar V. State of West Bengal(2013) the Supreme court held that A
cryptic phone call without complete information or containing part-information about the
commission of a cognisable offence cannot always be treated as an FIR. The main purpose is
just to inform the police.

REGISTERATION OF FIR

In the case of Lalita Kumari v. State of U.P.& Ors (2013) the Supreme court held that under
Section 154 of the CrPC, a police officer is bound to register an FIR if the information
discloses a cognizable offence. The expression “shall” indicates the statutory intent of
Parliament and leaves no discretion to a police officer to conduct a preliminary investigation
before registering an FIR. Stringent action will be taken against those officers who refuse to
register an FIR.

DELAY IN SEXUAL OFFENSES

The complainant in the case of Ram Swarup v. State of UP (2011), was a foreign national.
The woman was in shock following the rape committed on her by two people, and it wasn’t
until she called the Italian Embassy and got guidance from them that she was able to file a
case with the local police. The aforementioned justification was deemed adequate by the
court and left no room for dispute in the prosecution’s case.

SECOND FIR

in the case of Kari Chaudhry v. Sita Devi in 2002, there cannot be two FIRs filed against the
same accused for the same offence. However, if there are new accounts of the occurrence that
led to two FIRs, then two FIRs must be filed, and an inquiry into those FIRs can proceed.
 CONCLUSION

The FIR is crucial in every criminal case since it is the opening stage of any criminal
prosecution. FIR is evidence that causes the start of criminal procedures, which leads to a
criminal’s conviction. A first information report, as its name implies, is the action taken in the
event of an offence, followed by an investigation, a court case, and the punishment of the
guilty. It serves as a record of the details of the victim’s account. The FIR serves as the
foundation for all subsequent actions taken by the police. As a result, it is the earliest and first
information of a cognizable offence that a police station officer has ever documented. The
FIR turns out to be the key piece of evidence upon which the prosecution’s case is based. The
state’s responsibility is to take cognizance, which gives the victim a remedy and upholds
justice in society.
 SUGGESTIONS

1) Some Indian states have implemented E-FIR, including Tamil Nadu, Himachal
Pradesh, Jharkhand, Maharastra, New Delhi, Madhya Pradesh, Haryana, Odisha,
Bengaluru, Patna, and Kolkata. The ability to file an online FIR should be made
mandatory in all states across the country, and a new section in the CrPC should be
added to this effect. The basic and standard information required in a FIR, if recorded
in the first instance, will aid in the investigation and court process. Online FIR will
also keep a check on law enforcement and require them to do their job diligently.

2) There should be fixation of time like within 24 hours or 48 hours to send the report to
the magistrate to initate the system of giving justice fast.

3) Rather than in writing computers should be given to officers to record the F.I.R and
special software should be given to record F.I. R’s
 BIBLIOGRAPHY

Books

1) Bare act of the Criminal Procedure Code, 1973

2) Book on Ratanlal and Dhirajlal’s the code of Criminal Procedure, Published by

LexisNexis

Websites

1) www.iblogpleaders.com
2) www.legalserviceindia.com
3) www.studocu.com
4) www.indiankanoon.org

Newspapers

1) www.thehindu.com