Before going to the case of Sushant Singh Rajput where Mumbai Police did not follow proper procedure mentioned in Sec. 154 CrPC, let’s talk about Sec. 154 CrPC; We will discuss only the clause (1) of sec. 154 CrPC and then we will compare it with the Sushant’s case.
As per clause (1) of Sec. 154 CrPC, “Every information relating to the commission of a cognizable offence, of given orally to an officer in charge of Police Station, shall be reduced to writing by him or under his direction, and be read over to the informant; and every such information, whether given in writing or reduced to writing as aforesaid, shall be signed by the person giving it, and the substance thereof shall be entered in a book to be kept by such officer in such form as the state Government may prescribed in this behalf.“
In this clause of this section, it is mentioned here that “every information relating to the commision of cognizable offence, of given orally to an officer in charge of Police Station” it means that information can be any information but related to cognizable offence. What is Cognizable offence? “Cognizable offence is an offence in which police can arrest without waarant.” So here police doesnt need any kind of written application here. If information recieved by the police orally, it is the duty of Officer in charge of Police Station to reduced into writing.
But what about the information via whatsapp chat given by the Sushant’s father on 25th February to Bandra Police that Sushant has threat to life Rhea Chakraborty? Even Bandra Police respond over that message, it means that day information recieved by the police. If we go through the section, we can inform via electronic means to the police. This section implies that information must be reached by any means and police has to reduce into writing. But in the case of Sushant, information was recieved by Bandra Police and it was sufficient for police to reduce into writing, here police didn’t act as per clause (1) of Sec 154 CrPC. We will further discuss the loopholes of Mumbai Police in the SUSHANT SINGH RAJPUT case.
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