Need for Amendment of Section 157 Of Cr. P. C. in Respect of Sending of "Report" Thereunder to the Magistrate Concerned
By
Shyamal Kumar Sinha Ray
Section 157 Cr. P. C. provides that in cognizable cases, it is the duty of the officer-in-charge of a police station to send "a report" to the Magistrate having jurisdiction and then proceed to investigation. This report is known as "occurrence report". The section does not speak of sending FIR (either original or copy thereof) by the officer-in-charge of the police station to the Magistrate. There is no whisper about sending of FIR to the Magistrate even in S. 154 which deals with the recording of first information report in resepct of a congizable offence. But generally FIR recorded under S. 154, Cr. P. C. is regarded as synonym of 'report' under S. 157, Cr. P. C.
Importance of sending of FIR to the Magistrate without delay is not over emphasised. Extraordinary delay in sending FIR is a circumstance providing a legitimate basis for suspecting that the FIR was recorded much later affording sufficient time to introduce improvements and embellishments and ....