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Frequently Asked Questions
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I ) What is an FIR ?
FIR stands for First
Information Report. Whenever anybody reports about any crime which
discloses cognizable offence then information is entered into a register
whose performa is as per form no - 24.5 ( I ) of Punjab Police Rule.
It is the right of complainant to get an FIR registered if his complaint
discloses any cognizable offence. It is the
right of the complainant to get one copy of FIR free of cost,
immediately from concerned police station. FIR can be registered either
on written statement or verbal statement of complainant which is later
reduced in writing by Police Officer and is signed by the complainant.
( II ) Why sometimes FIR registration is
denied?
If your complaint does not disclose any offence or your complaint
discloses only non-cognizable offence, then FIR cannot be registered. In
such cases where only non-cognizable offence
is made out, Police officer will enter the substance of information in
the general diary of Police Station and give copy of same to
complainant. Another copy of complaint is sent to the concerned Judicial
magistrate for further action. Police does not have powers to
investigate a non-cognizable offence without the orders of the
magistrate.
(III) What
are cognizable offences and what are non-cognizable offences?
Cognizable offence :- An offence for which a police officer has the
powers to arrest without a warrant is defined as a cognizable offence.
Offences like murder, rape ,kidnapping , theft , robbery , fraud etc.
are classified as cognizable.To get detailed list of cognizable offence
kindly refer to first schedule of Criminal Procedure Code.
Non cognizable offence :-
An offence for which a police officer does not have the power to arrest
the accused without warrant.To get detailed list of non-cognizable
offences please refer to first schedule of Criminal Procedure Code.
(IV) What is Bailable Offence and what is Non-Bailable Offence?
Bailable Offences are those offences where the accused has the right to
get himself released on bail after his arrest if he can give sureties or
personal bond to the satisfaction of the police officer. For the list of
bailable offences please refer to first schedule of Criminal Procedure
Code.
Non-bailable offences are such offences where the police does not have
the power to release the arrested person on bail (except under certain
special circumstances ) . The arrested person is to be produced before
the judicial magistrate within 24 hours of the arrest .For the list of
non-bailable offences please refer to first schedule of Criminal
Procedure Code.
(V) Whether a police
officer can arrest a person without warrant ?
Yes, a police officer can
arrest a person without warrant if he has been involved in any conizable
offence.
(VI) Whether a police
officer can search a person / place without a search warrant ?
Yes, a police officer can
search for the person / place without search warrant under certain
conditions .
Note: - If you have
any more question please mail us at our e-mail address sspbatala@yahoo.com
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