Section 158 of the Bharatiya Nyaya Sanhita (BNS), 2023
โ๏ธ Section 158 โ Registration of First Information Report (FIR)
๐งพ Purpose of Section 158
Section 158 governs the procedure for registering a First Information Report (FIR) when information about the commission of a cognizable offence is received by the police. The FIR is the first step in initiating a criminal investigation.
๐ Key Provisions of Section 158
Receiving Information
When a police officer receives information regarding the commission of a cognizable offence (an offence where the police can investigate without prior approval of the magistrate), the officer is duty-bound to act.
Recording the FIR
The officer must record the information in writing.
The record should be made immediately and in the language understood by the informant.
The informant has the right to receive a copy of the FIR free of cost.
Obligation to Register FIR
The police cannot refuse to register the FIR.
If the information discloses a cognizable offence, the police must register it without delay.
If Refusal Occurs
If the police refuse to register an FIR, the informant can approach a magistrate, who can order the police to register the FIR and investigate.
Investigation Commencement
Once the FIR is registered, the police will begin the investigation according to the procedures laid down in the BNS.
โ ๏ธ Why is Section 158 important?
It guarantees the right of citizens to have their complaints recorded.
Ensures the prompt start of investigation for serious offences.
Prevents arbitrary refusal by police to register FIRs.
Upholds transparency and accountability in police work.
โ Example
If a person approaches a police station and reports a robbery, the police officer must:
Write down the complaint as an FIR,
Provide a copy to the complainant,
Start investigating the case immediately.
If the police refuse to write the FIR, the complainant can go to the magistrate to get the FIR registered and the case investigated.
๐ Summary Table
| Aspect | Details |
|---|---|
| When to Register FIR | On receiving information about cognizable offence |
| Police Duty | Record info immediately and provide copy |
| Right of Informant | To have FIR registered and get a copy |
| Remedy in Case of Refusal | Approach magistrate to order registration |
| Purpose | To initiate police investigation |
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