1.
Introduction
Officer
Incharge of police station is required to perform some specific duties when he
receives some information not only about commission of cognizable offence, but
also about commission of non-cognizable offence. Main difference between
performances of such duties is that he is not to refer information to
magistrate in case of commission of cognizable offence while he is to refer
informant to magistrate in case of commission of non-cognizable offence.
2.
Relevant Provisions
Section
154, 155, 156 of Code of Criminal Procedure.
3. Duties of officer incharge of Police station on receiving information about cognizable offence or duties and powers police officer for registering or refusing to register complaint of cognizable offence
Following
are duties of officer incharge of police station when receives information
about commission of cognizable offence or followings are duties and powers of
police officer for registering or refusing to register complaint of cognizable
offence.
i.
Reducing of Information to writing
If
such information is given orally, such information should be reduced to writing
by police officer or officer incharge of police station or under his direction.
ii.
Reading of Information to informant
When
such oral information is reduced to writing, it should be read over to
informant.
iii.
Signature of Informant
When
such oral information is reduced to writing or when such information is given
in writing, it should be signed by informant.
iv.
Entering of Information in book
Such
information should be kept in prescribed book.
v.
Investigation of Cognizable case
Without
order of magistrate, police officer or officer incharge of police station can
investigate any cognizable case.
4. Duties and Powers of Police officer for Registering or Refusing to register complaint of Non-Cognizable offence.
Following
are duties and powers of police officer for registering or refusing to register
complaint of non-cognizable offence.
i.
Entering of Information book
When
information of commission of non-cognizable offence is given to officer in
charge of police station, he should enter such information in prescribed book.
ii.
Referring of Informant to Magistrate
After
entering such information in prescribed book, officer incharge of police
station should refer informant to magistrate.
iii.
Investigation of Non-Cognizable offence
For
explanation of powers of officer incharge of police station for investigation
of non-cognizable offence, following points are important to discuss it.
a.
Investigation with order of Magistrate or sending of case to Court of Session
Police
officer should investigate a non-cognizable case only with order of magistrate
of first or second class, which has power to try such case, or police officer,
can send such case for trial to Court of Session.
b.
Powers in respect of investigation
Any
police officer, who receives order of magistrate for investigation of
non-cognizable case, can exercise the same powers in respect of investigation
as an officer incharge of a police station can exercise such powers to arrest
without warrant.
Conclusion
To
conclude, it can be stated that relevant provisions of Criminal Procedure Code
reveal that officer incharge of police station possesses powers to investigate
both cognizable and non-cognizable offences. However, he can conduct
investigation of non-cognizable case only with order of magistrate of first or
second class.
0 comments:
Post a Comment