sankar P (supervisor) 11 November 2015

Can police constable eligible to register FIR ? ?

Respected LCI Experts,

Is Police Constable (Grade-II) Eligible to register FIR ?

Does Cr.P.c or any Other Indian laws allows ?

What is the minimum rank in Police to Register the FIR?

Kindly Guide me sir,

Thanks in Advance,

Reply Follow

12 Replies

siddhartha sinha 11 November 2015

CrPC mentions Officer in Charge and not a specified rank.General rule is "seniormost officer present". It is at least Head Constable generally. If in rare cases when no such person is present in PS then constables can register FIR and it will have the same effect. The details as to minimum rank authorized is actually as per relevant state police manuals.

SAINATH DEVALLA (LEGAL CONSULTANT) 11 November 2015

If the SHO is not available then the HC is the temporary incharge of the PS and he can register FIR.

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law) 12 November 2015

Yes the registration is valid. The registration of an FIR is a part of an investigation and the law under section 156(2) says that investiogation cannot be challenged based on the ground of the power of the police officer to investigate.

Augustine Chatterjee

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sankar P (supervisor) 12 November 2015

Thanks for the valuable suggestions from the LCI Experts.

@ Augustine sir, i want to confirm that while registering FIR , is constable is eligible

And for the Investigation purpose you are rightly point out that Cr.P.C sec.156(2) applies.

Many Thanks,

Best Regards,

Shankar.

SAINATH DEVALLA (LEGAL CONSULTANT) 12 November 2015

Again U are comming to the starting point even after getting sufficient feedback

Sudhir Kumar, Advocate (Advocate) 16 November 2015

instead of setting question pap3erss why do not you specify what problem you are facing

sankar P (supervisor) 16 November 2015

Sir my problem is , my Mother-in-law filed FIR against me U/s 452, 294(b), 324,506(ii),

The Police constable (Grade-II) was taken confession statement from my Mother-in-law at hospital and Filed FIR Against me and signed by him.

So i want to clarify,

Many Thanks,

SAINATH DEVALLA (LEGAL CONSULTANT) 17 November 2015

What is UR local lawyer doing?

sankar P (supervisor) 17 November 2015

Sir the case is yet to commence the trail from 4 th of next month.

I will plan to attend the case Party-in-person,

will the Point ,(Police constable-Grade-II) registered the FIR will be helpful to destroy the case ,

Thanks ,

SAINATH DEVALLA (LEGAL CONSULTANT) 17 November 2015

Don't presume too many things to happen with ifs and buts? Concentrate on comming out of them in the court.U have been fed more than enough by all the experts who attended UR query.