CrPC Section 152

CrPC Section 152 requires police officers to register a First Information Report (FIR) when they receive information about the commission of a cognizable offence. This step is crucial as it initiates the criminal investigation process and safeguards the complainant's rights. Understanding this section helps citizens know their rights and the police's duties in the early stages of criminal proceedings.

The section ensures that police cannot refuse to record information about serious crimes. It also lays down the procedural foundation for transparent and accountable law enforcement, preventing arbitrary denial of complaint registration.

CrPC Section 152 – Exact Provision

This section mandates police officers to formally record any information about cognizable offences. It requires the officer to write down the complaint, read it back to the informant for confirmation, and have the informant sign it. The FIR must be entered in the prescribed register and promptly reported to the Magistrate authorized to take cognizance. This process ensures transparency and accountability in initiating criminal investigations.

• Police must record FIR on receiving information about cognizable offences.

• Informant's signature on the recorded information is mandatory.

• FIR must be entered in the prescribed register.

• Police must report the FIR to the Magistrate immediately.

Explanation of CrPC Section 152

Section 152 simply means that when police hear about a serious crime, they must write it down as an FIR. This document starts the legal process and protects the complainant's rights.

• The section says police must record information about cognizable offences.

• It affects police officers and complainants.

• Triggering event is receiving information about a cognizable offence.

• Police must write, read, and get the informant's signature on the FIR.

• Police cannot refuse to register such information.

Purpose and Rationale of CrPC Section 152

This section exists to ensure that serious crimes are officially recorded and investigated. It protects citizens by mandating police accountability and prevents denial of complaints, thus upholding the rule of law and justice.

• Protects complainant's right to have their information recorded.

• Ensures police follow proper procedure in registering FIRs.

• Balances police duty with citizen rights.

• Prevents abuse or refusal to register complaints.

When CrPC Section 152 Applies

Section 152 applies whenever police receive information about a cognizable offence. The police officer in charge must act promptly to record and report the FIR without delay.

• Information must relate to a cognizable offence.

• Officer in charge of police station has authority.

• Report must be sent to Magistrate empowered to take cognizance.

• No time limit for receiving information, but prompt action is required.

• Exceptions do not apply to cognizable offences.

Cognizance under CrPC Section 152

Cognizance is taken when the Magistrate receives the FIR report from the police. The Magistrate then decides whether to proceed with investigation or trial. The FIR serves as the basis for initiating criminal proceedings.

• Police send FIR report to Magistrate immediately.

• Magistrate takes cognizance based on FIR.

• Further investigation or trial begins after cognizance.

Bailability under CrPC Section 152

Section 152 itself does not specify bailability but relates to cognizable offences which can be bailable or non-bailable depending on the offence. The FIR registration does not affect bail rights but starts the process leading to arrest or investigation.

• Bailability depends on the offence recorded in FIR.

• Filing FIR does not mean automatic arrest.

• Police must follow legal procedures for arrest and bail.

Triable By (Court Jurisdiction for CrPC Section 152)

The offences reported under Section 152 are triable by courts according to the nature of the offence. The Magistrate who receives the FIR report has jurisdiction to take cognizance and conduct trial or refer the case to appropriate courts.

• Magistrate empowered to take cognizance handles initial proceedings.

• Sessions Court may try serious offences after committal.

• Trial jurisdiction depends on offence severity.

Appeal and Revision Path under CrPC Section 152

Decisions following FIR registration can be appealed or revised according to general CrPC provisions. Complainants or accused can approach higher courts against Magistrate orders or police action related to the FIR.

• Appeal lies to Sessions Court or High Court depending on case.

• Revision petitions can be filed against Magistrate orders.

• Timelines vary by court and nature of order.

Example of CrPC Section 152 in Practical Use

Person X witnesses a theft and informs the police station. The officer records the information as an FIR, reads it back to X, and obtains X's signature. The FIR is entered in the register and sent to the Magistrate. This initiates the investigation and protects X's right to have the complaint officially recorded.

• Section 152 ensured FIR registration and investigation start.

• Key takeaway: Police cannot refuse to record cognizable offence information.

Historical Relevance of CrPC Section 152

Section 152 has been a fundamental part of the CrPC since its inception, ensuring police accountability in registering complaints. Amendments have clarified procedures and reinforced complainant protections over time.

• Originally established to formalize FIR registration.

• Amendments improved complainant safeguards.

• Procedural clarity enhanced through judicial interpretation.

Modern Relevance of CrPC Section 152

In 2026, Section 152 remains vital for transparent policing and upholding citizens' rights. Digital FIR systems and stricter accountability measures have modernized its application, ensuring faster and fairer complaint registration.

• Supports digital FIR registration initiatives.

• Ensures police accountability in complaint handling.

• Protects citizen rights in the criminal justice process.

Related Sections to CrPC Section 152

• Section 154 – Information in cognizable cases

• Section 156 – Police power to investigate cognizable cases

• Section 157 – Procedure for investigation

• Section 190 – Cognizance of offences by Magistrate

• Section 41 – Arrest without warrant

Case References under CrPC Section 152

1. Lalita Kumari v. Govt. of UP (2014, 2 SCC 1)

   – Supreme Court ruled mandatory registration of FIR on information about cognizable offences.

2. State of Haryana v. Bhajan Lal (1992, Supp 1 SCC 335)

   – Guidelines on police investigation and FIR registration to prevent abuse.

3. Gurbaksh Singh Sibbia v. State of Punjab (1980, 2 SCC 565)

   – Emphasized police duty to record FIR without delay.

Key Facts Summary for CrPC Section 152

• Section:

  152

• Title:

  Registration of FIR by Police

• Nature:

  Procedural

• Applies To:

  Police, Informant

• Cognizance:

  Taken by Magistrate upon FIR report

• Bailability:

  Depends on offence

• Triable By:

  Magistrate/Sessions Court

Conclusion on CrPC Section 152

CrPC Section 152 is a cornerstone of criminal procedure, ensuring that police officers record information about cognizable offences promptly and accurately. This protects citizens by initiating official investigations and preventing denial of complaints.

By mandating the registration of FIRs, the section balances police authority with public rights, fostering transparency and accountability in law enforcement. Understanding this section empowers individuals to seek justice and hold police accountable.

FAQs on CrPC Section 152

What is the main purpose of CrPC Section 152?

Its main purpose is to require police officers to register an FIR when they receive information about a cognizable offence, starting the criminal investigation process.

Can police refuse to register an FIR under Section 152?

No, police must record the information about cognizable offences and cannot refuse to register an FIR under this section.

Who signs the FIR recorded under Section 152?

The informant who provides the information must sign the FIR after the police officer reads it back to them for confirmation.

Does Section 152 apply to non-cognizable offences?

No, Section 152 specifically applies to cognizable offences, which are more serious crimes requiring police investigation.

What happens after the FIR is registered under Section 152?

The FIR is sent to the Magistrate who takes cognizance, and the police begin investigation based on the FIR details.