No FIRs under Section 107 of CrPC, says HC
TNN | Updated: Oct 17, 2017, 23:37 IST
Chennai: Making it clear that Section 107 (security for keeping peace) of the CrPC can only be used to issue a warning, the Madras high court has held that no first information report (FIR) can be registered for any offence under the section.
"A FIR register is meant for recording information of cognizable offence. The likelihood of commission of an offence is not to be entered therein. Such information which necessitates action by an executive magistrate under Sections 107 to 110 of CrPC shall be entered in a separate register," Justice C T Selvam has said.
The judge has also directed the director general of police (DGP) to issue appropriate directions to the police force not to enter the information of likelihood of commission of an offence under such sections of CrPC in the FIR register.
Justice Selvam passed the direction while allowing a petition moved by Rajkumar of Tirupur district, seeking to quash an FIR registered against him by the Inspector of Police, Dharapuram police station.
Representing the petitioner, advocate G Karthikeyan submitted that information of likelihood of a breach of peace had been registered as a crime under section 107 of CrPC. "Information of such nature ought not to be registered as a crime. Such erroneous approach was adopted at many a police stations," he said.
Concurring with the submission, the judge said, "First Information Report book is meant for recording information of cognizable offence in accordance with section 154 of the CrPC. The likelihood of commission of offence is not to be entered therein. It would be appropriate that whenever police receive information which might necessitate action by an executive magistrate under section 107 to 110 CrPC, the same be entered in a separate register and requisition for action thereupon be made to the magistrate concerned."
Chennai: Making it clear that Section 107 (security for keeping peace) of the CrPC can only be used to issue a warning, the Madras high court has held that no first information report (FIR) can be registered for any offence under the section.
"A FIR register is meant for recording information of cognizable offence. The likelihood of commission of an offence is not to be entered therein. Such information which necessitates action by an executive magistrate under Sections 107 to 110 of CrPC shall be entered in a separate register," Justice C T Selvam has said.
The judge has also directed the director general of police (DGP) to issue appropriate directions to the police force not to enter the information of likelihood of commission of an offence under such sections of CrPC in the FIR register.
Justice Selvam passed the direction while allowing a petition moved by Rajkumar of Tirupur district, seeking to quash an FIR registered against him by the Inspector of Police, Dharapuram police station.
Representing the petitioner, advocate G Karthikeyan submitted that information of likelihood of a breach of peace had been registered as a crime under section 107 of CrPC. "Information of such nature ought not to be registered as a crime. Such erroneous approach was adopted at many a police stations," he said.
Concurring with the submission, the judge said, "First Information Report book is meant for recording information of cognizable offence in accordance with section 154 of the CrPC. The likelihood of commission of offence is not to be entered therein. It would be appropriate that whenever police receive information which might necessitate action by an executive magistrate under section 107 to 110 CrPC, the same be entered in a separate register and requisition for action thereupon be made to the magistrate concerned."
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