FIR and Police Powers Explained: What Police Can and Cannot Do

After an FIR is registered, many citizens panic about police powers. This blog explains what police can legally do and cannot do, with CrPC/IPC statutory references.

What is an FIR?

• FIR is a report of a cognizable offence (CrPC Section 154)

• Police must register FIR if the offence is cognizable (CrPC Section 157)

Real-Life Example:

A neighbor alleges assault (IPC Section 323). Police must investigate before framing charges.

Police Powers After FIR

• Investigate offences (CrPC Sections 156–157)

• Record statements of accused & witnesses (CrPC Sections 161, 164)

• Collect evidence, search premises (CrPC Sections 102, 165)

Police cannot:

• Force confession (Evidence Act Section 25)

• Detain beyond 24 hours without Magistrate (CrPC Section 57)

• Harass or threaten citizen

Arrest Rules Under CrPC

• Arrest only if necessary (CrPC Section 41)

• Bailable offences: Bail granted immediately (CrPC Sections 436–437)

• Non-bailable offences: Bail requires Magistrate approval (CrPC Section 437)

• Women & minors have special protections (CrPC Sections 46, 51A)

Example:

Property dispute FIR does not automatically mean arrest. Police may call for enquiry (CrPC Section 160) before deciding.

Rights of Citizens During Police Investigation

• Right to legal counsel (CrPC Sections 303, 41D)

• Right against self-incrimination (Article 20(3), Evidence Act Section 25)

• Right to be informed of reason of arrest (CrPC Section 50)

• Right to be produced before Magistrate (CrPC Section 57)

Example:

A woman called to police station at night can refuse and request presence of female officer (CrPC Section 160(1A)).

Remedies for Illegal Police Action

• Complaint to senior police officers (CrPC Section 166)

• Writ petition / High Court intervention

• Anticipatory bail (CrPC Section 438)

• Quashing FIR (High Court power under CrPC Section 482)

Conclusion

Police powers are legally defined under CrPC. Knowing your rights and remedies can prevent harassment and protect your liberty.Early consultation with a criminal lawyer ensures legal procedure is followed, and rights are protected.

(This article is for general public awareness only and does not constitute legal advice.)