Question: Mention two directives laid down by the Supreme Court on FIR.
Answer: Directives of the Supreme Court on FIR: The directive laid down by the Supreme Court on FIR are as follows:
- An FIR must be filed as soon as the information about an offence is received.
- Before beginning the investigation, the concerned police officer should make an inference from the facts mentioned in the FIR that an offence has been committed.
- An FIR can be registered at a police station even if the scene of crime does not fall in its territorial jurisdiction. However, the FIR should be forwarded to the concerned police station as soon as possible.
Question: Define – charge-sheet, FIR and public prosecutor.
- Charge-sheet: a record of charges made at a police station.
- FIR: The First Information Report(FIR) is the information recorded by police officer on duty. It is lodged by the aggrieved detailing occurrence of crime. On the basis of the FIR, the police begins its investigation.
- Public prosecutor: The lawyer who presents the complainant’s case in known as the public prosecutor.
Question: Explain the procedure of filing an FIR. What are the details recorded in an FIR?
Answer: File an FIR: A proper procedure to file an FIR is as follows:
- The informant meets the officer incharge at the police station and narrates the sequence of events.
- The officer writes down the complaint and it is signed by the informant.
- The information given is then entered in a book to kept by the officer.
- A copy of the FIR is given to the informant. In an FIR, the following details are noted.
- The date and and approximate hour when the crime was committed and reported.
- The place where it occurred.
- The name and address of the complainant.
- The name and address of the suspect, if any.
- Description of the crime.
- In case of theft, details of property stolen.
- The section of the law which applies to the offence.
Question:What is the procedure of justice adopted in a criminal case?
Answer: In criminal cases the following procedure is adopted:
- The aggrieved files an FIR.
- Once the FIR is filed, the police begins the investigation. it examines the crime scene, questions the witnesses, records statements, conducts a search and collects evidence. It also interrogates the suspects and, if needed, arrests the suspect.
- After the investigation, if the police finds sufficient evidence against the accused, it arrests him. Them the police files a charge-sheet in the Magistrate’s Court.
- After the charge-sheet has been filed, the trial begins. The accused is given the opportunity to defend himself. He can hire a lawyer of his choice to defend the case. This lawyer is known as the defence lawyer. The lawyer who presents the complainant’s case in known as the public prosecutor. In India, a person is considered innocent until proven guilty in the court.
- If the court finds the accused guilty, the court awards punishment. The quantum of punishment depends upon the nature and severity of the crime committed.