Section 154 and Section 161 of the Code of Criminal Procedure in Pakistan serve distinct purposes within the legal process. Here are the key differences between the two sections:
1. First-hand vs. Subsequent Information:
Section 154 deals with the First Information Report (FIR), which is the initial report provided by a complainant or informant about the commission of an offense. It is the first-hand account of the incident.
Section 161, on the other hand, deals with subsequent statements or supplementary statements recorded during the course of the police investigation. These statements are collected from material witnesses or persons involved in the case after the FIR has been registered.
2. Object and Purpose:
The primary objective of Section 154 is to set the criminal law in motion by reporting the commission of an offense. It aims to obtain spontaneous and unaltered information to ensure the accuracy of the initial account.
Section 161, on the other hand, serves the purpose of collecting evidence related to the commission of an offense by examining and recording statements from witnesses during the investigation.
3. Signing of Statements:
Statements recorded under Section 154 (FIR) are typically signed by the complainant or informant, affirming the accuracy of the information provided.
In contrast, Section 162 of the Code of Criminal Procedure prohibits the signing of statements recorded under Section 161 (supplementary statements).
4. Discretion to Record Statements:
Under Section 154, a police officer is duty-bound to record the statement when a cognizable offense is reported.
In Section 161, it is at the discretion of the police officer to record the statements of witnesses and individuals involved in the case during the investigation.
5. Entry in Prescribed Register:
Statements recorded under Section 154 (FIR) are required to be entered in a prescribed register at the police station.
There is no such requirement for recording statements under Section 161.
Object and Purpose of Section 154:
The purpose of an FIR is to initiate the legal process by reporting an offense and to obtain the first-hand, spontaneous information about the incident. This helps prevent the fabrication of stories and ensures the accuracy of the initial account.
Object and Purpose of Section 161:
Section 161 aims to collect evidence during the investigation by recording statements from witnesses and individuals involved in the offense. It serves to build a case and gather additional information beyond the initial FIR.
Case Law References:
The case laws you provided emphasize the distinction between FIR (Section 154) and supplementary statements (Section 161). They clarify that the FIR is a document that sets the law in motion, while statements recorded under Section 161 are not equated with the FIR and are considered separate pieces of evidence in the investigation.
Summary:
In summary, Section 154 deals with the initial report of an offense (FIR) and serves to set the law in motion, while Section 161 deals with subsequent statements recorded during the investigation to collect evidence. The signing of statements, discretion to record them, and the entry in prescribed registers differ between the two sections.