Chapter 4 - Police investigation

Question 1

First Information Report

Answer 1

Pathmanabhan a/l Nalliannen v PP
- commonly used to refer to the info given under s107(1) of CPC

Question 2

Emperor v Khwaja Nazir Ahmad

Answer 2

FIR is no a CP to commence police investigation

Question 3

PP v Foong Chee Cheong

Answer 3

the fact that no FIR is made was not itself a ground for throwing out the case

Question 4

Indira Gandhi a/p Muthu v Ketua Polis Negara

Answer 4

S107(1) imposes a duty on the officer in charge of a police station to reduce to writing every info relating to the commission of an offence if given orally to him

Question 5

Balachandran v PP

Answer 5

• FIR serves as a complaint to the police to set the criminal law in motion; the other reports i.e. arrest report relates to steps taken by the police subsequently
• the distinction btween both reports is the purpose they serve.
• any changes in the law relating to their admissibility cannot alter their character
• only FIR is admissible under s108A in addition to ss145 and 157 EA while the other reports are admissible only under the latter provisions of law.

Question 6

Who can lodge a FIR?

Answer 6

Sarvana @ KD Sarvana v State of Karnataka
- any person can lodge FIR

Question 7

PP v DSAI (No3)

Answer 7

S107 merely to activate the investigative function of the police,
it does not mean the person who makes the report cannot be charged

Question 8

Tan Cheng Kooi & Anor v PP

Answer 8

• where the evidence of complainant is the only evidence against the accused, the failure to produce complainant’s report at the trial raises a presumption under s 114 illustration (g) of EA - if produced, it would have been unfavorable to prosecution’s case, which would be fatal to prosecution’s case

see also: Chin Khing Siong v PP and Teo Thin Chan & Anor v PP

Question 9

Balachandran v PP

Answer 9

-Adverse inference cannot be drawn against the prosecution for failure to tender in evidence a FIR
- strength of the p’s case has be assessed as it stands