Filing a Police Complaint ; Judicial Workouts Saga

It all starts with the division of offences into Cognizable Offence (Section 2(c)) and Non-Cognizable Offence.(Section 2(l))

A Cognizable Offence is the kind of offences in which a police officer can arrest without a warrant from the Magistrates. They are serious in nature and requires prompt arrest.

In case of a Cognizable Offence, the police officer shall write  a first information report on the basis of the information given by the informant (section 154). It shall be read over to the party and police shall get it signed by him. Then, the gist of it is recorded in the station diary.

FIR corroborates the occurrence of the event. It is not substantive evidence.

Delay in filing FIR  shall apprehend manipulation of statements unless reasonable justification can be provided. Harpal Singh v. State of HP AIR 1981 SC 361.

In Non-Cognizable offences, the police officer records the substance of the complaint in a station diary. (Section 155) He shall send the report to the Magistrate. (Section 157). The Magistrate, then, shall take the call on whether to direct for a preliminary investigation or dispose of the matter. (Section 159).

After this, begins the processes of investigation.