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State of Jammu-Kashmir - Section

Section 154 in The Code of Criminal Procedure, 1989 (1933 A. D.)

154. Information in cognizable cases.

- [(1) Every information relating to the commission of a cognizable offence if given orally to an officer-in charge of a 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 Government] [Section 154 numbered as sub-section (1) and sub-sections (2) and (3) inserted by Act XXXVII of 1978, Section 26.]may prescribe in this behalf] .[Provided that if the information is given by the woman against whom an offence under section 326A, section 326B, section 354, section 354A, section 354B, section 354C, section 354D, section 375, section 376, [section 376A, section 376AB, section 376B, section 376C, section 376D, section 376DA, section 376DB] [Inserted by Jammu and Kashmir Act No. 11 of 2014, dated 22.3.2014.] section 376E or section 509 of the Ranbir Penal Code is alleged to have been committed or attempted, then such information shall be recorded, by a woman police officer or any woman officer and such woman shall be provided legal assistance and also the assistance of a healthcare worker or women's organisation or both:Provided further that-(a)in the event of such woman being temporarily or permanently mentally or physically disabled, then such information shall be recorded by a police officer, at the residence of the person seeking to report such offence or at a convenient place of such woman's choice, in the presence of a special educator or an interpreter or a medical officer, as the case may be;(b)the recording of such information may, as far as practicable, be videographed.]
(2)[ A copy of the information as recorded under sub-section (1) shall be given forthwith, free of cost, to the informant against a proper receipt.
(3)Any person aggrieved by a refusal on the part of an officer-in-charge of a Police Station to record the information referred to in sub-section (1) may deliver personally or cause to be delivered or send by post the substance of such information, in writing to the Superintendent of Police concerned who, if satisfied that such information discloses the commission of a cognizable offence, shall either investigate the case himself or direct an investigation to be made by any police officer subordinate to him, in the manner provided by this Code, and such officer shall have all the posers of an officer incharge of the police station in relation to that offence.] [Section 154 numbered as sub-section (1) and sub-sections (2) and (3) inserted by Act XXXVII of 1978, Section 26.]