CrPC Section 154 — Information in cognizable cases

CHAPTER XII INFORMATION TO THE POLICE AND THEIR POWERS TO INVESTIGATE

General

Summary

Sub-section (1) says that information about a cognizable offence given orally to the officer in charge of a police station must be written down by that officer or under the officer’s direction, and read back to the person giving it. Whether given in writing or written down from an oral report, the information must be signed by that person, and its substance must be entered in a book kept in the form prescribed by the State Government.

The first proviso to sub-section (1) says that if a woman gives information alleging that an offence under sections 326A, 326B, 354, 354A, 354B, 354C, 354D, 376, 376A, 376AB, 376B, 376C, 376D, 376DA, 376DB, 376E or 509 of the Indian Penal Code has been committed or attempted against her, the information must be recorded by a woman police officer or another woman officer.

Under clause (a) of the second proviso to sub-section (1), if the person against whom an offence under sections 354, 354A, 354B, 354C, 354D, 376, 376A, 376AB, 376B, 376C, 376D, 376DA, 376DB, 376E or 509 of the Indian Penal Code is alleged to have been committed or attempted has a temporary or permanent mental or physical disability, a police officer must record the information at that person’s residence or another convenient place of their choice. An interpreter or special educator, as the case may be, must be present.

Under clause (b) of the second proviso to sub-section (1), the recording of the information described in that proviso must be video recorded.

Under clause (c) of the second proviso to sub-section (1), the police officer must arrange for the person’s statement to be recorded by a Judicial Magistrate under clause (a) of sub-section (5A) of section 164 as soon as possible.

Sub-section (2) requires a free copy of the information recorded under sub-section (1) to be given to the person who provided it, without delay.

Sub-section (3) says that a person aggrieved because the officer in charge of a police station refused to record the information may send its substance in writing by post to the Superintendent of Police concerned. If the Superintendent is satisfied that the information discloses a cognizable offence, the Superintendent must either investigate the case or direct a subordinate police officer to investigate it in the manner provided by the Code. That officer has, for that offence, all the powers of an officer in charge of the police station.

Official Text

(1) Every information relating to the commission of a cognizable offence, if given orally to an officer in charge of a police station, shall be reduced to writing by him or under his direction, and be read over to the informant; and every such information, whether given in writing or reduced to writing as aforesaid, shall be signed by the person giving it, and the substance thereof shall be entered in a book to be kept by such officer in such form as the State Government may prescribe in this behalf: 1[Provided that if the information is given by the woman against whom an offence under section 326A, section 326B, section 354, section 354A, section 354B, section 354C, section 354D, section 376, 2[section 376A, section 376AB, section 376B, section 376C, section 376D, section 376DA, section 376DB], section 376E or section 509 of the Indian Penal Code (45 of 1860) is alleged to have been committed or attempted, then such information shall be recorded, by a woman police officer or any woman officer:

Provided further that—

(a) in the event that the person against whom an offence under section 354, section 354A, section 354B, section 354C, section 354D, section 376, 1[section 376A, section 376AB, section 376B, section 376C, section 376D, section 376DA, section 376DB], section 376E or section 509 of the Indian Penal Code (45 of 1860) is alleged to have been committed or attempted, is temporarily or permanently mentally or physically disabled, then such information shall be recorded by a police officer, at the residence of the person seeking to report such offence or at a convenient place of such person’s choice, in the presence of an interpreter or a special educator, as the case may be;

(b) the recording of such information shall be video graphed;

(c) the police officer shall get the statement of the person recorded by a Judicial Magistrate under clause (a) of sub-section (5A) of section 164 as soon as possible.]

(2) A copy of the information as recorded under sub-section (1) shall be given forthwith, free of cost, to the informant.

(3) Any person aggrieved by a refusal on the part of an officer in charge of a police station to record the information referred to in sub-section (1) may send the substance of such information, in writing and by post, to the Superintendent of Police concerned who, if satisfied that such information discloses the commission of a cognizable offence, shall either investigate the case himself or direct an investigation to be made by any police officer subordinate to him, in the manner provided by this Code, and such officer shall have all the powers of an officer in charge of the police station in relation to that offence.

Sections referred to

Referred to by

Related Judgments

  • MOHAMMAD AFZAL MOHAMMAD SHARIF vs THE STATE OF MAHARASHTRA AND OTHERS — Supreme Court of India (2025)
  • PRADEEP RAM vs THE STATE OF JHARKHAND & ANR — Supreme Court of India (2019)
  • IMRAN PRATAPGADHI vs STATE OF GUJARAT AND ANR — Supreme Court of India (2025)
  • AMISH DEVGAN vs UNION OF INDIA AND OTHERS — Supreme Court of India (2020)
  • UMESH SINGH vs STATE OF BIHAR — Supreme Court of India (2013)
  • PARKASH SINGH BADAL AND ANR. vs STATE OF PUNJAB AND ORS — Supreme Court of India (2006)

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