LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Tanaya Thakur (student)     02 May 2012

Fir in cognizable offence (by one who isn't a victim)

Can a person who is not a victim in any manner file an FIR in cognizable offence under section 419 and 420????

The police refused saying that i can't since i am not a victim.

and the court says that both the aforementioned sections although are cognazible but do not come under section 39 of the CRPC, so i am not entitled to file an FIR.

As far as I understand Section 39 makes a few offences compulsive for the public to file a report if they get to know about the offences mentioned in it have been commited. Does it stop a random person to file FIR in cognizable offences not mentioned in it?????

Are there any rulings or any section which i can quote citing that any person who hasn't suffered can file an fir in cognizable offences which are not mentioned in section 39?????

 




Learning

 4 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     02 May 2012

* The Denial by the Police to register an FIR as well as the order of the magistrate denying registration of FIR on ground of lack of locus standi on the specious plea that S.39 CrPC does not mandate person to inform as regards 420 offence, IS MISCONCIEVED AND AFFRONT TO COMMON SENSE AND BASIC CRIMINAL JURISPRUDENCE.

* S.420 is cognizable, and as a cognizable crime, it is a wrong against the state - and any individual can be an informant. S.154 - clearly provides that a person can give information as regards a cognizable offence - it nowhere talks about offence being against the informant. Any person can set the criminal law into motion in cognizable offence. Plea of locus - is alien to criminal law. 

* The intention of legislature in allowing any person to file an FIR u/s 420 or for any other matter in any cognizable offence - is manifest by drawing analogy to S.498A - this offence is sui generis - one of its kind - it is cognizable in a limited sense (See S.198A CrPC) only the relatives of women aggrieved can file. Hence it is not cognizable in toto - as any tom d**k and harry can't complain. There is no similar fetter on 420 - hence any person can set the criminal law into motion in a 420 Case. To quote a recent example : Many FIR's were filed against X Baba by socially sensitized citizens who were not duped themselves without any problems. 

1 Like

Adv. Subhadeep Saha (Lawyer.)     02 May 2012

Rightly pointed out by Adv Chugh.

Any person who has the knowledge of the commission of a cognizable offence can lay an FIR in the local PS though he himself is not the victim or even eyewitness - this is the thumb rule. Now in your case both the sections relate to cognizable offences. So you can lodge an FIR in respect of these offences. If the Police refuses to take the FIR you can write to the SP concerned praying for taking action.

Sec. 39 of Crpc doesn't come into play here. Sec. 39 of Crpc imposes a duty upon the public in general to inform the police or magistrate about the commission of certain kind of offences. Any person can inform about these kind of offences. Now these offences as enlisted in sec.39 consist of both cognizable as well as non-cognizable offences. Now for non-cognizable offences the police can not investigate or arrest the accused without an order from the magistrate. So sec.39 lays down a precautionary measure.  Sec.154 is not governed by Sec.39. It doesn't mean every time a person lodges an FIR the police will first refer to sec.39 Crpc. The Magistrate concerned has failed to understand the purpose of sec.39.

1 Like

sridhar pasumarthy (ADVOCATE)     02 May 2012

Except in case of offences under sections 494 to 500 of IPC, any body can give information wrt a cognizable offence. 

1 Like

Tanaya Thakur (student)     02 May 2012

Originally posted by :Adv. Bharat Chugh
"
* The Denial by the Police to register an FIR as well as the order of the magistrate denying registration of FIR on ground of lack of locus standi on the specious plea that S.39 CrPC does not mandate person to inform as regards 420 offence, IS MISCONCIEVED AND AFFRONT TO COMMON SENSE AND BASIC CRIMINAL JURISPRUDENCE.

* S.420 is cognizable, and as a cognizable crime, it is a wrong against the state - and any individual can be an informant. S.154 - clearly provides that a person can give information as regards a cognizable offence - it nowhere talks about offence being against the informant. Any person can set the criminal law into motion in cognizable offence. Plea of locus - is alien to criminal law. 

* The intention of legislature in allowing any person to file an FIR u/s 420 or for any other matter in any cognizable offence - is manifest by drawing analogy to S.498A - this offence is sui generis - one of its kind - it is cognizable in a limited sense (See S.198A CrPC) only the relatives of women aggrieved can file. Hence it is not cognizable in toto - as any tom d**k and harry can't complain. There is no similar fetter on 420 - hence any person can set the criminal law into motion in a 420 Case. To quote a recent example : Many FIR's were filed against X Baba by socially sensitized citizens who were not duped themselves without any problems. 
"

It is actually the case of X Baba only, where the police is not filing an FIR here in lucknow...thanks for the help:)


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register