Can police constable eligible to register FIR ? ?

supervisor

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   
 

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.
 
Reply   
 


LEGAL CONSULTANT

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

 
Reply   
 
Advocate & Solicitor at Law

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

9999931153

 
Reply   
 
supervisor

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.

 
Reply   
 
LEGAL CONSULTANT

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

 
Reply   
 
Dy Director

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

 
Reply   
 
supervisor

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,

 

 
Reply   
 
LEGAL CONSULTANT

What is UR local lawyer doing?

 
Reply   
 
supervisor

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 ,

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

  Search Forum








×

Menu

Post a Suggestion for LCI Team
Post a Legal Query
Muslim Personal Law     |    x