The First Information Report (FIR) stands as the bedrock upon which criminal investigations are built in India. It's the initial account of an alleged offense, a formal recording that sets the machinery of law in motion. Given its paramount importance, the question of whether an FIR can be edited or altered is one that frequently arises, carrying significant implications for both the complainant and the accused.

Drawing upon legal principles and practical procedures, the answer to whether an FIR can be edited in the traditional sense is largely no. However, this doesn't mean that inaccuracies cannot be addressed or that further information cannot be added. Let's delve into a comprehensive understanding of this crucial aspect of criminal law.

The Immutable Nature of the Initial Record:

The FIR, by its very definition, captures the first information received by the police regarding a cognizable offense. It's a snapshot of the complainant's initial narration, taken at a crucial juncture. Allowing for substantive alterations to this primary document would open the door to potential manipulation, fabrication, and a serious undermining of its evidentiary value. The judiciary in India, including the Supreme Court and various High Courts, has consistently emphasized the sanctity of the original FIR. Permitting changes to the core content could lead to investigations that deviate from the initial complaint, potentially prejudicing the accused and hindering the pursuit of a fair trial. The focus remains on the information as it was first reported, ensuring a clear starting point for the investigative process.

Mechanisms for Addressing Errors and Adding Information:

While the original FIR generally remains unaltered in its core substance, the legal framework provides several legitimate avenues to address inaccuracies or incorporate additional details that may emerge later:

• Rectification of Minor Errors: Police officers are typically authorized to correct minor clerical or typographical errors within their case diaries. This ensures that inconsequential mistakes, such as spelling errors or incorrect addresses, do not impede the investigation. As highlighted previously, you can approach the police with a written request for such corrections, and they will usually make a note in their records rather than altering the original FIR itself.
• Supplementary Statements (Section 180 BNSS): If the complainant recalls further details, identifies additional suspects, or new facts come to light during the investigation, they can provide supplementary statements to the police under Section 180 of the Bharatiya Nagarik Suraksha Sanhita, 2023. These statements are crucial for a comprehensive investigation and are recorded separately, forming part of the case diary but not altering the original FIR.
• Further Investigation (Section 193(9) of BNSS): The police are empowered to conduct a thorough investigation, which may uncover new evidence, identify more accused individuals, or reveal different aspects of the crime. The findings of this further investigation are documented in the case diary and ultimately presented to the court in the form of a charge sheet or a supplementary charge sheet, without requiring any changes to the initial FIR.
• Alteration Memo: In situations where the investigation reveals that a more serious offense has been committed than initially reported, the police can file an "alteration memo" with the Magistrate. This memo informs the court about the change in the legal provisions applicable to the case based on the evidence collected. It's an update on the direction of the investigation, not an alteration of the original factual account in the FIR.
   

The Serious Implications of Unauthorized Alterations:

Any tampering with the FIR by unauthorized individuals, including police officers acting beyond their purview, is a grave matter with significant legal consequences. Such actions can lead to:

• Loss of Evidentiary Value: An altered FIR loses its credibility and can be deemed inadmissible in court.
• Legal Challenges: The accused can effectively challenge the admissibility and reliability of a tampered FIR during the trial.
• Disciplinary Action: Police officers found guilty of unauthorized alterations can face severe disciplinary proceedings.
• Criminal Liability: Depending on the intent and the nature of the alteration, individuals involved in tampering with an FIR could face criminal charges related to the fabrication of evidence or other offenses.
   

Ensuring Accuracy and Maintaining Transparency:

The principle against altering the core content of an FIR underscores the critical importance of providing accurate and complete information at the time of filing the complaint. Complainants should take due diligence to ensure all known facts are included in their initial report. Simultaneously, the police bear the responsibility of accurately recording the information provided and conducting a fair and impartial investigation based on the initial account and subsequent findings.

Conclusion: Amendment Through Due Process, Not Direct Editing:
In conclusion, while the original FIR, once registered, cannot be substantively edited or altered, the legal framework provides robust mechanisms to address inaccuracies, incorporate additional information, and adapt the course of the investigation as new facts emerge. Minor errors can be rectified through case diary entries, and further details are added through supplementary statements and continued investigation. The "alteration memo" serves to update the legal provisions based on the evolving understanding of the offense.

This system ensures that the initial record remains a transparent and reliable account, while still allowing for the dynamic nature of criminal investigations. The emphasis is on maintaining the integrity of the first information while providing avenues for a comprehensive and just pursuit of the truth.

Written By: Md.Imran Wahab, IPS, IGP, Provisioning, West Bengal
Email: imranwahab216@gmail.com, Ph no: 9836576565