Question
Download Solution PDFThe 'officer-in-charge of a police station' is defined in which of the following?
Answer (Detailed Solution Below)
Detailed Solution
Download Solution PDFThe correct answer is The Code of Criminal Procedure, 1973.
Key Points
- The term 'officer-in-charge of a police station' is defined under Section 2(s) of the Code of Criminal Procedure, 1973, which governs the procedural aspects of criminal law in India.
- An officer-in-charge of a police station refers to the police officer in command of a police station or any officer authorized to act in that capacity.
- The Code of Criminal Procedure, 1973, provides the framework for investigation, inquiry, trial, and prevention of crimes by police authorities and other agencies.
- The officer-in-charge plays a pivotal role in registering FIRs (First Information Reports) and overseeing investigations within the jurisdiction of the police station.
- This definition ensures clarity in the chain of command and responsibility within police stations across India.
Additional Information
- Code of Criminal Procedure, 1973 (CrPC):
- The CrPC is the main legislation governing criminal procedural law in India.
- It was enacted to consolidate and amend the laws relating to the procedure for the administration of criminal justice.
- It consists of 37 chapters and 484 sections that cover investigation, trial, and appeals related to criminal offenses.
- First Information Report (FIR):
- An FIR is a written document prepared by the police when they receive information about the commission of a cognizable offense.
- It is filed under Section 154 of the CrPC and marks the beginning of a criminal investigation.
- Cognizable vs Non-Cognizable Offenses:
- Cognizable offenses are serious crimes (e.g., murder, theft) where police have the authority to register an FIR and investigate without prior approval from a magistrate.
- Non-cognizable offenses are less serious crimes (e.g., defamation, public nuisance) requiring prior approval from a magistrate before investigation.
- Role of Police in Criminal Justice:
- The police are responsible for maintaining law and order, preventing crimes, and investigating criminal offenses.
- Under the CrPC, police officers act as investigators, arrest offenders, and present cases before the judiciary for trial.
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