Under 'Section 157' of Cr.P.C, the original copy of the F.I.R. must be sent without delay to the __________.

The correct answer is 'Magistrate having jurisdiction'

Key Points

• Section 157 of the Code of Criminal Procedure (Cr.P.C):
  • Under Section 157 of the Cr.P.C, when an officer in charge of a police station receives information indicating that a cognizable offense has been committed, they are required to send a report (commonly referred to as the First Information Report or F.I.R.) to the Magistrate having jurisdiction.
  • The purpose of forwarding the F.I.R. to the Magistrate is to ensure judicial oversight over police investigations and safeguard the rights of individuals involved in the case.
  • The report must be sent “forthwith,” meaning without unnecessary delay, to maintain transparency and enable the Magistrate to take appropriate actions, such as issuing warrants or monitoring the investigation.
  • This procedure reflects the checks and balances embedded in the criminal justice system to ensure accountability in police investigations.

Additional Information

• Incorrect options explained:
  • Option 1: Commissioner of Police:
    • The Commissioner of Police is a senior police officer responsible for overseeing police operations within a city or region. However, the law does not mandate sending the original copy of the F.I.R. to the Commissioner of Police under Section 157 of the Cr.P.C.
    • The Commissioner may receive copies of the F.I.R. for administrative purposes, but judicial oversight is the priority, which is why the Magistrate receives the original copy.
  • Option 2: Chief Secretary:
    • The Chief Secretary is the highest-ranking officer in the state administrative hierarchy and deals primarily with governance and policy implementation. They have no direct role in criminal investigations or the handling of F.I.R.s.
    • Sending the F.I.R. to the Chief Secretary would not serve the purpose of judicial oversight as intended by Section 157.
  • Option 3: Additional Director General of Police:
    • The Additional Director General of Police (ADGP) is a high-ranking officer in the police force responsible for supervising police operations and strategy. While they may oversee investigations indirectly, Section 157 does not require the F.I.R. to be sent to them.
    • Sending the F.I.R. to the ADGP would not fulfill the legal requirement of providing judicial oversight through the Magistrate.