As to first hand/ subsequent Information:
Section 154 deals with first information regarding commission of an offence while section 161 deals with any subsequent statement (supplementary statement).
As to object and purpose:
The object of section 154 is to set law in motion against the commission of an offence while the object of section 161 is to collect evidence regarding commission of any offence by examining the material witnesses.
As to signing the statement recorded:
Statement under section 154 is signed by the complainant while signing of statement under section 161 is prohibited under section 162.
As to discretion to record statement:
Under section 154, police officer is duty bond to record the statement relating to a cognizable offence while under section 161, it is prerogative of police officer to record the statement of a witness examined.
As to entry in prescribed register:
Statement under section 154 shall be entered in prescribed registered while no such requirement for recording statement under section 161.
Object and Purpose of Section 154
Purpose of F.I.R. is to set criminal law in motion and to obtain first hand spontaneous information of occurrence, in order to exclude possibility of fabrication of story or consultation or deliberation or complainant has time to devise or contrive anything to his advantage and to the disadvantage of others and to safeguard the accused of such like happenings occurrences in F.I.R. Spontaneity of F.I.R. is the guarantee of truth to a greater extent.
Object and Purpose of Section 161
Object and purpose of section 161 is to collect evidence regarding commission of an offence by examining and recording the statements of the witnesses material in respect of commission of the offence.
In the light of Case Laws of Superior Courts
2010 PCrLJ 1460:
Ss. 154 & 156—First Information Report—First Information Report was a document which was entered on the complaint of the informant into a book, maintained at the Police Station under S.154 , Cr. P. C. —First Information Report was signed/thumb-marked by the informant while the supplementary statement was recorded under S.161 , Cr. P. C. and was not signed—First Information Report would bring the law into motion, and the police would start investigation of the case under S.156 Cr.P.C.-Any statement or further statement of the first informant recorded during the investigation by police, would neither be aquated with First Information Report nor read as part of the same; at the most it could be treated like a statement of a witness recorded under S.161 , Cr.P.C.
2008 MLD 1007:
Ss. 154 , 156 & 161 —“First Information Report” and “‘supplementary statement”—Distinction—First Information Report was a document which was entered on the complaint of the informant into a book, maintained at the Police Station under S.154 Cr.P.C.—First Information Report was signed/thumb marked by the informant, while the supplementary statement was recorded under S.161 Cr.P.C. and was not signed—F.I.R. brings the law into motion, the police under S.156 Cr.P.C. starts investigation of the case—Any statement or further statement of the first informant recorded during the investigation by the police would neither be equated with First Information Report nor read as part of it; at the most it could be treated like a statement of a witness recorded under S.161 Cr.P.C.
2008 SCMR 1556:
Ss. 154 , 156 & 161 —“F.I.R.” and “supplementary statement” of complainant—Distinction—F.I.R. is the document which is entered into the book maintained at the police station at the complaint of the informant and brings the law into motion, whereby police starts investigation of the case under S.156, Cr.P.C.—Any statement or further statement of the first informant recorded during the investigation by police would neither be equipped with First Information Report nor read as a part of the same.
2008 SCMR 06
F.I.R. is the document, which is entered under section 154, Cr.P.C. into book maintained at the police station on the application of the complainant. It brings the law into motion. The police under section 156, Cr.P.C. starts investigation of the case. Any statement or further statement of the complainant recorded during investigation by the police would neither be equated with F.I.R. nor read as part of it, therefore, subsequent supplementary statement is also considered as statement recorded under section 161, Cr.P.C. which is not signed or thumb-marked.
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