FIR Section

Querist : Anonymous (Querist) 24 April 2011 This query is : Resolved
FIR should be registered by which any police or any constable ? i mean to say which any sub constable or senior constable has the power to registered the FIR or not as i have heard that there are 2 constables one is juinor & the second one is the senior after that the post comes of the Police inspector. If the person authorised to take the FIR is absent then who as the power to take the FIR & sign on it ?

In an criminal case first the FIR is registered in police station but the question is

EG : as the person who has gone to police station he know that the FIR which he is making against a person has done a fraud should be booked under section 420 of the IPC or murder booked u/s 302 or criminal conspiracy booked u/s120A .

So my question is that mentioning the section is necessary in FIR, Chargesheet, Investigation Report or not.

or the court will give the section in which section accused should be booked ? or we can say that he/she is charged under which charging section ? Also what does the charging section means specailly in civil cases first & than under criminal cases.

Does the above mentioned of "section" which should be mention is also applicable to civil cases though in it there are no FIR registered than how does the provision of the CPC, 1908 section are charged ?

Is there any difference between investigation report & chargesheet.

Thanks.

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M/s. Y-not legal services (Expert) 24 April 2011
Any one police can't register the f.i.r. The sub inspector of police having power to register the F.I.R . But the investigation officers may be differ by the case to case..

M/s. Y-not legal services (Expert) 24 April 2011
According to sections.. Its very innocent question.. A layman how know the penal provisions.. If you know the provision mean you can mentioned the sections.. There no wrong.. But basically we have to give our complaint as written or oral.. Depends upon the prima face of our case the sections will be made out.. Then court will not give sections to police officers.. Already our INDIAN PENAL CODE GAVE A CLEAR DEFINITION FOR ALL OFFENCES..

Querist : Anonymous (Querist) 24 April 2011
Thanks Sir

so sir we can put section under the FIR than court will not give in which section the accused showed be charged right ? & if we don't mention the section under the FIR than court gives the section in which the accused should be charged right ?

but what about difference between investigation report & chargesheet. sir also what do u mean by charging section in both civil & criminal cases.

Thanks.

M/s. Y-not legal services (Expert) 24 April 2011
No sir.. Never the court of law will not direct you to mentiones so and so section against the accused.. Its duty to the police officials.. Always court of law will be standing middle of the justice.. If its guide you mean its against nature of justice..

M/s. Y-not legal services (Expert) 24 April 2011
Yes. Charge sheet and investigation report are different from each other.. Charge sheet is a key of the prosecution case.. Its includes complaint, f.i.r, deposition of witnesses etc.. But investigation report is one of the prosecution material.. The investigation officer will be produce it before court of law at time of his evidence.. Thats it..

M/s. Y-not legal services (Expert) 24 April 2011
Then no person can be punish by civil sections.. Offence mean there penal provisions only can be involved..

Sarvesh Kumar Sharma Advocate (Expert) 24 April 2011
agree with tom's view!

Querist : Anonymous (Querist) 25 April 2011
Thanks Tom Sir & Sarvesh K Sharma sir

But sirji what the below one.

what do u mean by charging section in both civil & criminal cases & machinery provision.
A section is also said by SIr who is a CA & LLB say some time that it is a charing section & some times it say that it is a machinery provision.

So i want to know what does the machinery provision & charging section means.

Thanks One's Again sirji

God Bless U ALL Happy Evening.

FIR Section

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