Friday 26 July 2013

How sections of law are added in FIR ?



                           There are more than 150 local and special laws under which police investigates the cases but more than 90% of cases are registered under Indian Penal Code. After registration of case, police takes the help of Criminal  Procedure Code and Indian Evidence Act to investigate and prove his case in the court. At the time of registration of case sections of applicable law are applied . Investigation is done as per procedure given in the different sections of Criminal Procedure Code and evidence is collected as per provisions of  Indian Evidence Act. Let us discuss a case registered by police under different sections of Indian Penal Code and try to understand how sections of law are applied in the FIR. Very simple it is. Suppose a case is registered u/s 147, 148, 149, 323, 324, 325, 326 IPC. Above sections are added as :

  • Information received in police station.
  • Contents of complaint/information are analysed.
  • FIR is registered and investigating officer is deputed by SHO or District SP .
  • If five or more persons use criminal force are attack on other person with common object, section 147 of IPC is added in FIR.
  • If  five or more persons are  armed with deadly weapon, section 148 of IPC  is added .
  • Every member of unlawful assembly (five or more persons) is guilty of offence for which section 149 of IPC  is added.
  • If any injury or hurt is caused  voluntarily or intentionally with blunt weapon (simple in nature)section 323 of IPC is added.
  • If any injury is caused by sharp weapon (explained in earlier post) which is simple in nature (injuries are mentioned by Doctor in MLC), section 324 of IPC is added.
  • If any  grievous injury is caused by blunt weapon, section 325 of IPC is added.
  • If any grievous injury is caused by sharp or dangerous weapon, section 326 of IPC is added.

                  In this way, an FIR u/s 147,148,149,323,324,325,326 IPC is registered.For which evidence is collected to prove the case, investigation is completed and final report is sent to the court for trial of the case. In the same way, cases under other sections of law  are registered and Investigated.

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