Understanding purpose of articles of law

Articles of Law by BHAG SINGH

Documents are often used for sensationalism.

A variety of documents are encountered and referred to in everyday life. These documents serve a useful
purpose and help in the administration of, and securing, justice. However, they are sometimes resorted to for
sensationalism.

Two such documents are police reports and statutory declarations. Lately, when something happens, the
reaction is to lodge a police report as if doing so establishes a wrong and promotes the image of the person
making the report.

A person may also make a statutory declaration. This document generally attracts less attention and is not as
sensational.

But what purpose do these documents serve?

Police report

The purpose of a police report is primarily to notify the relevant authority of the commission of an offence or
a possible offence. Such initial notifications are called a first information report. Once the report is made, it
serves to trigger off investigations.

It is an expectation of the law that the commission of an offence is promptly reported. As said by S.N. Misra
in The Code Of Criminal Procedure: “The object of insisting upon prompt lodging of the report to the police
in respect of commission of an offences is to obtain early information regarding the circumstances in which
the crime was committed.”

Delay results in embellishment and the report is bereft of the advantage of spontaneity. There is also danger of
introducing a coloured version, exaggerated account or concocted story as a result of deliberation and
consultation.

Thus the evidentiary value of a first information report is far greater than that of any other statement recorded
by the police during the course of their investigations.

Therefore, the question of whether a statement is first information report or is one made after the receipt of
that report assumes importance.

A person does not have to be a witness to what he saw to make such a report. As long as he has come to know
about it or has reason to believe that such an event has occurred, it is within his right and is even his
obligation to make a report.
Thereafter, pursuant to investigations, it is for the authorities to decide whether an offence is disclosed. If a
prosecution follows thereafter, it would vindicate the report made. However, there are instances where there
may be no further developments.

This can happen on the basis that it is the view of the officer concerned that there is no offence whatsoever
disclosed. However, there are also occasions where an offence may clearly be disclosed and yet no further
action is seen to be taken.

This may be due to the fact that because of limited resources, there are other more serious offences or which
for policy or other administrative reason, require priority. There may also be other reasons.

Unnecessary reports

Notwithstanding the need for a police report, part or all of it is sometimes a useless exercise. One instance is
where there is a dispute which involves a mere contractual breach devoid of any criminal element. Here, a
report may be received and recorded but serves little purpose.

There are also numerous reports made about a statement made in public or private by politicians, for example.
Such reports would make sense if the statement were made by the same person at 40 different events.

In such a case, it could be said that 40 different offences were committed even though one individual made
the different statements, or perhaps 40 different people made the same statement.

However, when one person makes a statement on one occasion and 40 people make separate reports on the
same matter, then it serves little or no purpose. It only becomes a media event in which the focus then shifts to
the number of people who lodged the report and who they are rather than the basis of the complaint.

It is also a waste of valuable police time taking and recording such reports.

It would not be wrong to say that such occasions are the result of a desire to generate political capital rather
than a real desire to ensure law and order. In other cases, those involved may not even appreciate what they
are doing but merely following the crowd.

Statutory declarations

Statutory declarations constitute a different breed of document as it is a declaration made under oath before a
person designated to administer oaths, which would include a magistrate or sessions court judge. In real life,
however, this is more often done before a commissioner of oaths.

The subject is governed by the Statutory Declaration Act 1960, which is an act to provide for the making and
taking of statutory declaration. The Act also provides a format in which a statutory declaration ought to be
drawn up. A fee is provided to be payable.

To make a false declaration is an offence.

Thus, Section 199 of the Penal Code provides that: “Whoever, in any declaration made or subscribed by him,
which declaration any Court, or any public servant or other person, is bound or authorized by law to receive as
evidence of any fact, makes any statement which is false ...”
Similarly, it is an offence if a person makes use of or relies on a statutory declaration if he knows or has
reason to believe that it is untrue or false.

Finally, in comparison to an affidavit, the feature as well as consequences in case of being false are the same
except that affidavits are used in the context of pending proceedings while a statutory declaration is more
broadly used.