
FIRST INFORMATION REPORT:
FIR is a statement entered into the “General Diary” of Police. An aggrieved person may set the criminal law in motion by making a report under Section 154 Cr. Pc. Two categories of information given to police:
Cognizable Offence
Non Cognizable Offence
what should be written in FIR:
every information relating to commission of cognizable offence;
information may be written or oral;
information shall be given to police officer in charge of police station;
information shall be read over to the informant;
information shall be signed by the informant;
substance of information should be entered in a book kept by officer in charge of police station in a prescribed form;
who may lodge an FIR:
as a general rule any one who is victimised by any offence can lodge an FIR.
who may record an FIR:
Police officer in charge of police station of the concerned area where the offence has been committed.
language of FIR:
local language of the area where the offence has been committed and the FIR should be lodged to the nearest police station of that area.
Duty of the Police:
After collecting information the police officer may take. a tour/visit the site to receive/collect more information from the crime scene.
Importance of FIR:
FIR is considered and used as a piece of evidence in trial. It can be used foe corroborative purposes as it is a foundation of cognizable offence in prosecution. It gives information about the initial stage of commission of offence and it empowered police to investigate the commission of the crime/offence.
copies of FIR:
copies of FIR can be provided to the accused which can only be given under orders of the court of competent jurisdiction.
BAIL (Section: 497, 498)
It is a release of a person from judicial custody.
Literal meaning is an accused person is said to have admitted to bail, when he is released from custody i.e police/court order and is entrusted to custody of a person known as surety and deposit the surety bond in the form of amount for bail. Bail is a contract between surety, accused and police officer/court.
After accepting and granting of bail from the court, surety deposit surety bond and thereafter police release the accused from its custody.
Grant of Bail:
It may be granted as per the nature of offence i.e bailable or non-bailable by the court through the custody of police as per the commission of an offence.
Bail in Non-Bailable Offences:
As a general rule bail in non bailable offences is not allowed where there are reasonable grounds to believe that accused is guilty of offence with death, life imprisonment.
Exception to the General Rule:
The court has discretionary power to grant bail in non-bailable offences on the following grounds:
If the accused is minor under the age of 16 on the day when offence was committed;
If accused person is a woman, court may allow her bail;
If accused person is ill and because of his illness/disease bail may be granted on health grounds.
In case of delay:
Where there was delay in disposal of a case, which has not been disposed of within statutory time period bail, shall be allowed in following circumstances:
If offence is not punishable with death and the accused has been detained continuously for a period exceeding one year and the trial has been conducted;
If the offence is punishable and the accused has been detained continuously for two years and the trial has not been concluded;
Habitual Offender;
Previous Convict.
Bail after conviction:
Court may grant bail after conviction on following grounds:
Bail in non-bailable offences:
If trial court has conducted a person in bailable offence, the court itself release him on bail after conviction with direction that he may file an Appeal within reasonable time, till then he will remain on bail.
On merits and on delay:
Appellate Court may allow bail both on merits and on delay such as evidence against convict is not sufficient enough, the Appellate Court may release the convict on bail and suspend his sentence on following grounds:
In case of pending appeal court may ordered his release on bail who has been sentenced to imprisonment for three years and has not decided within six months;
Where High Court is satisfied that person convicted has been granted special leave to appeal to the Supreme Court against any sentence, Supreme Court may order to release the person and grant him bail;
Issue of Warrant:
Where an appeal is presented from an acquittal, High Court may issue warrant of arrest of accused.
Cancellation of Bail:
High Court and Court of sessions has the power to cancel bail, arrest him and put him in custody when convict was absent on the date of hearing, refusal by surety, complainant likely to abscond, more incriminating material on record, tampering with evidence, pursuance of witness, first order unjust, commits act of evidence, commits act of violence, hampers the investigation.
Consideration for grant of bail by Court:
Court may grant bail to the accused on following grounds:
nature of offence;
reasonable grounds;
severity and degree of punishment;
nature of charge;
danger of abscondence if released on bail;
Bail may be cancelled by the court where there are no reasonable grounds.
Enlargement of bail:
If a person arrested on non-bailable offence, he may be released on bail at any stage of inquiry, trial, investigation if it has been proved that there is no sufficient grounds to believe.
In case of pending appeal the Appellate Court may order to release the person on bail and on suspension order he may be released;(Section 426)
Where an appeal is presented under section 411-A(2), 417, the High Court may issue a warrant of arrest of the accused, brought him before any subordinate court, it is upon the discretion of the court either to send the person in jail till disposal of appeal or to release him on bail. (Section 427)
High Court, Sessions Court especially empowered to direct that execution of any sentence be suspended and the accused, if in confinement, be released on bail or on his own bond pending the examination of record.