FIRST INFORMATION REPORT (FIR) is information recorded by Police under section 154 (cognizable offence) of CrPC in respect of a cognizable offence.
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Ans: Any person aware of or witness to a crime may file an FIR.
Ans: The purpose of registering an FIR is to set the machinery of criminal investigation into motion.
Ans: Section 2 (c ) of the CrPC defines cognizable offence means an offence for which a police officer may arrest without warrant.
Ans: Section 2 (l) of the CrPC defines non-cognizable offence means an offence for which a police officer has no authority to arrest without warrant.
Ans: Yes. Reference is made to section 155(4) of CrPC, which states that where a case relates to two or more offences of which at least one is cognizable, the case shall be deemed to be a cognizable case, notwithstanding tha the other offences are non-cognizable.
Ans: By the operation of Article 20 (2) of the Constitution of India (“NO PERSON SHALL BE PROSECUTED AND PUNISHED FOR THE SAME OFFENCE MORE THAN ONCE”), any other criminal proceeding based on the same complaint / offence is illegal and ultra vires. Therefore, the FIRs may be merged or subsequent FIR be quashed.
Ans: Yes, an FIR can be quashed u/s 482 of CrPC by High Court. Session courts have no power to quash FIR.
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