A voluntarily causes hurt to B. B goes to the police station to lodge F.I.R (First Information Report). Should the police officer record the F.I.R.? Give reasons for your answer?

Question: ‘A’ voluntarily causes hurt to ‘B’. ‘B’ goes to the police station to lodge F.I.R (First Information Report). Should the police officer record the F.I.R.? Give reasons for your answer?

Find the answer to the mains question only on Legal Bites.[A voluntarily causes hurt to B. B goes to the police station to lodge F.I.R (First Information Report). Should the police officer record the F.I.R.? Give reasons for your answer?]

Answer

As per the facts adduced by ‘A’ since he is being aggrieved by the criminal act of causing hurt committed by ‘B’ against ‘A’. ‘A’ has the right to present his grievance before the Police and lodge his grievance against ‘B’ before the Police Officer but not in the form of an FIR rather in the form of an NCR i.e. his grievance will be recorded by the Police Officer in the Non-Cognizable Report diary as it is a non-cognizable case.

On a report of FIR which is lodged before the PO in cases of commission of a cognizable offense where he has a right to investigate the case without the permission of the Magistrate. But here since the offense of Hurt is a non-cognizable offense therefore the Police officer cannot investigate the case without the prior permission of the Magistrate under Section 155 CrPC.

Information given by ‘A’ will be entered in the NCR diary and the Police officer will refer the same to the Magistrate who has the power to try the case or power to commit the case for trial.

---

Important Mains/Long Questions for Judiciary, APO & University Exams

1. CRPC Mains Questions Series Part I: Important Questions
2. CRPC Mains Questions Series Part II: Important Questions
3. CRPC Mains Questions Series Part III: Important Questions
4. CRPC Mains Questions Series Part IV: Important Questions
5. CRPC Mains Questions Series Part V: Important Questions
6. CRPC Mains Questions Series Part VI: Important Questions
7. CRPC Mains Questions Series Part VII: Important Questions
8. CRPC Mains Questions Series Part VIII: Important Questions
9. CRPC Mains Questions Series Part IX: Important Questio
10. CRPC Mains Questions Series Part X: Important Questions
11. CRPC Mains Questions Series Part XI: Important Questions