How Long Does an F.I.R. Remain in a Police Station if the Accused Is Not Arrested?

In the context of Indian criminal law, the First Information Report (F.I.R.) plays a pivotal role in the investigation and prosecution of crimes. Often, individuals file an F.I.R. at a police station when a cognizable offense is committed. But what happens if the police do not arrest the accused, and how long does the F.I.R. remain in the police station? This article will explore the legal framework and answer these questions.

Understanding the F.I.R. Process

An F.I.R. is lodged or registered under Section 154 of the Criminal Procedure Code (CrPc) of 1973. It is specifically registered in cases of cognizable offenses, which are those where the police have the authority to conduct an investigation without prior permission from a magistrate under Section 156 of the CrPc.

Investigation and Reporting

According to Section 157 of the CrPc, the officer in charge of a police station must forthwith send a report of the same to a magistrate empowered to take cognizance of such offence (Section 156 CrPc). This means that the police must inform the magistrate about any cognizable offense as soon as reasonably practicable, typically within 24 hours, as interpreted by the Supreme Court and High Courts.

Procedure for Investigation

According to Section 157, the police officer in charge of the police station is required to investigate the facts and circumstances of the case. If necessary, they may also take measures to arrest the offender. However, the arrest of the accused is not a prerequisite for the police to proceed with the investigation and send the report to the magistrate.

Delegation of Investigation

For a serious case, the investigating officer usually proceeds in person or deputes a subordinate officer to investigate. However, for less serious cases, the officer in charge of the police station is not required to investigate, but must still report to the magistrate if the information is given against a person by name.

Non-Investigation and Reporting Requirements

If the police find no sufficient grounds for an investigation, they should state their reasons in the report and notify the informant (if any) as per state government regulations. However, even if no investigation is conducted, it must be reported to the magistrate, as per the interpretation of the Supreme Court.

Conclusion

An F.I.R. must be reported to the court within 24 hours, regardless of whether the accused is arrested or not. The police are required to forward the original FIR or a copy of it to the appointing magistrate. The main factor that prolongs the F.I.R. process is the need for a proper investigation, as outlined in the CrPc.

Keywords

- F.I.R. - Police Investigation - CrPc - Magistrate