FIRST INFORMATION REPORTS: THE POINT OF FIRST CONTACT
Under the scheme of the CrPC, the first point of contact of complainants with the police is through the medium of First Information Reports, commonly referred to as FIRs. To encourage reporting of crime, the CrPC clearly states that a SHO cannot refuse to register a FIR: the only situation, in which he is permitted to do so, is when the facts do not suggest the commission of a cognizable offence. In all other cases, Section 157(1) mandates that an investigation must commence. Section 156(1) provides that the power of SHO to investigate is akin to the power of a local court to inquire or try offences. As Chapter XIII permits Courts to deviate from the rule concerning jurisdiction, the investigating officer can, under Section 156(1), investigate offences outside his local limits, if the circumstances so warrant. The intention of the legislature to affect the same is further reflected from Section 156(2), which provides that proceedings under Section 156(1) cannot be called into question on the ground that the officer concerned was not empowered to investigate.
Lately, the same view has been reiterated by Courts, and they have been instrumental in holding that SHOs cannot refuse to register FIRs even when it is apparent that the crime was committed beyond the jurisdiction of the concerned police station. The procedure in such cases is to register the FIR at first, and thereafter, transfer the same to the concerned police station for investigation. These FIRs are called ‘Zero FIRs.’ Thus, in any case requiring investigation, the police officer cannot refuse to record the FIR and/or investigate it.
Power of Courts to Intervene
If the FIR discloses information that establishes that an offence was committed, the Court will not stop the investigation: doing so would tantamount to trenching upon the lawful authority of the police to investigate cognizable offences. The police have a statutory right to investigate into the circumstances of any alleged cognizable offence without authority from a Magistrate, and this statutory power of the police to investigate cannot be interfered with through the exercise of power under Section 156. This power is such that even the material collected by the investigating officer at the stage of investigation cannot be judicially scrutinized for arriving at a conclusion that the police station did not have territorial jurisdiction.
If, after the conclusion of the preliminary investigation, the investigating officer concludes that the cause of action for lodging the FIR did not arise within his jurisdiction, he can submit a report under Section 170 to the Magistrate empowered to take cognizance. Alternatively, he can forward the FIR to the police station having jurisdiction over the area in which the crime was committed. However, caution must be taken as FIRs are often registered in far-flung areas having no connection to the alleged crime with the sole objective of harassing the ‘accused’. To check the abuse of this power to file FIRs, Courts have consistently held that where the FIR can be registered at any police station, proceedings can only be instituted in the jurisdiction where the crime was committed, save in exceptional circumstances.