crpc

The statement of the eyewitness recorded by the police officer cannot be used as an FIR because it is a statement recorded during the course of the investigation (161 statement) and therefore hit by the bar of s.162 Cr.P.C.

thank you sir

Only after registration of the FIR can investigation be commenced. In this case, on receiving  vague information regarding the offence (over phone or some unreliable source), he can record the matter in the General Diary, an proceed to the scene of crime, after verifying the offence, take statement of some witness or informant, send it to police station for registration of FIR and after receiving the investigation copy from station, commence investigation.

If the information received by the police officer was clear, he should have registered an FIR before proceeding to the scene of occurrence.

The Supreme Court has viwed the investigation of an offfence as

1. Proceeding to the spot

2. Ascertainment of the facts and circumstances of the case

3. Discovery and arrest of the suspected offender

4. Collecting of evidence relating to the commission of the offence which consist of:

a. examination of various persons Iincluding the accused and the reduction of their statements into writing, if the officers think fit

b. search of places of seizre of things considered necessary for the investigation or to be produced at the trial and

5. formation of the opinion as towhether on the materials collected there is a case to place the accused before a magistrate for trial, and if so, taking the necessary steps for the same by the filing of a charge sheet under s.173

Thus statements recorded during the above process would be 161 statement (except panchanamas) and therefore would be hit by the bar of 162 Cr.P.C.

Anil Kumar is right in saying that it is not valid to use the statement of witness as FIS after the investigation is commenced.

 Supreme Court in Tapan Kumar Singh Vs CBI,2003 ruled that investigation of a cognizable offence before registering FIR is valid if the information was entered in the General Diary before proceeding for investigation.