First Information Report [F.I.R] is a written document prepared by the police
when they receive information about the commission of a cognizable
offence (cognizable offence is an offence in which the police may arrest a person
without warrant). It is a report of information that reaches the police first
in point of time and that is why it is called the First Information Report.
It is generally a complaint lodged with the police by the victim of a cognizable
offence or by someone on his or her behalf.
Anyone can report the commission of a cognizable offence either orally or in
writing to the police. Even a telephonic message can be treated as an F.I.R.
First Information Report (F.I.R.) - Object
The primary object is to set the criminal law into motion and it may not be
possible to give every minute detail with unmistakable precision in the FIR. FIR
itself is not the proof of a case, but it is a piece of evidence which could be
used for corroborating the case of the prosecution.
FIR need not be an
encyclopedia of all the facts and circumstances on which the prosecution
relies. It only has to state the basic case; Jitender Kumar v. State of Haryana
AIR 2012 SC 2488: (2012) 6 SCC 204: 2012 (5) JT 397: 2012 (5) SCALE 606: 2012 Cr
L J 3085.
Section 154 of the code of criminal procedure, 1973
Information in Cognizable Cases:
- 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 State Government 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 376, section 376A, section 376AB, section
376B, section 376C, section 376D, section 376DA, section 376DB, section 376E or
section 509 of the Indian Penal Code (45 of 1860) is alleged to have been
committed or attempted, then such information shall be recorded, by a woman
police officer or any woman officer:
Provided further that-
- In the event that the person against whom an offence under section 354,
section 354A, section 354B, section 354C, section 354D, section 376, section
376A, section 376AB, section 376B, section 376C, section 376D, section
376DA, section 376DB, section 376E or section 509 of the Indian Penal Code
(45 of 1860) is alleged to have been committed or attempted, is 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 person�s choice, in the
presence of an interpreter or a special educator, as the case may be;
- The recording of such information shall be videographed;
- The police officer shall get the statement of the person recorded by a
Judicial Magistrate under clause (a) of sub-section (5A) of section 164 as
soon as possible.
- A copy of the information as recorded under sub-section (1) shall be
given forthwith, free of cost, to the informant.
- 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 send the substance of such information, in writing and by post, 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 powers of an officer in charge of the police station in
relation to that offence.
- FIR prima facie disclosing commission of alleged offences against
accused persons cannot be quashed in part by High Court going into minutest
details of case; Dineshbhai Chandubhai Patel v. State of Gujarat,
AIR 2018 SC 314.
- Filing of second FIR against same accused and in respect of same
incident as mentioned in first FIR is permissible, when second FIR is filed
as counter-complaint by different person based on different allegations;
P. Sreekumar v. State of Kerala, AIR 2018 SC 1482.
- Absence of names of accused persons in FIR cannot be a ground to raise
doubts about prosecution case; Mukesh v. State of NCT of Delhi,
AIR 2017 SC 2161
- The word shall used in section 154 leaves no discretion in police
officer to hold preliminary inquiry before recording FIR. Use of expression information without any qualification also denotes that police has to
record information despite it being unsatisfied by its reasonableness or
credibility; Lalita Kumari v. Government of Uttar Pradesh, AIR 2014 SC 187.
- F.I.R. under section 154 of the Code is not a substantive
piece of evidence. Its only use is to contradict or corroborate the matter
thereof; Shambhu Dass v. State of Assam, AIR 2010 SC 3300: (2010) 10 SCC 374: JT
2010 (9) SC 470: (2010) 9 SCALE 558.
- In order for a message or communication to be qualified to be a F.I.R., there must be something in the nature of a complaint or accusation
or at least some information of the crime given with the object of setting the
police or criminal law in motion. It is true that a First Information Report
need not contain the minutest details as to how the offence had taken place nor
it is required to contain the names of the offenders or witnesses.
But it must
at least contain some information about the crime committed as also some
information about the manner in which the cognizable offence has been committed.
A cryptic message recording an occurrence cannot be termed as F.I.R.; Patai
alias Krishna Kumar v. State of Uttar Pradesh, AIR 2010 SC 2254.
- A mere information received on phone by a Police Officer without any
details as regards the identity of the accused or the nature of injuries
caused by the victims as well as the name of the culprits may not be treated
as FIR; Ravishwar Manjhi v. State of Jharkhand, AIR 2009 SC 1262.
- Mere delay in lodging the FIR is not necessarily fatal to the case of
the prosecution. However, the fact that the report was lodged belatedly is a
relevant factor of which the court must take notice; Ramdas v. State of
Maharashtra, AIR 2007 SC 155.
- The answer to the question whether the F.I.R. in a given
case has been lodged belatedly or not is always a question of fact and has to be
answered bearing in mind the facts of the case in question and also the
explanation furnished by the prosecution in case there is some delay in its
being lodged. There can be no mathematical computation of the time taken in the
lodging of the F.I.R. what the court has to examine is whether the delay is
inordinate and whether any cogent explanation is forthcoming in case it is so,
some delay in the lodging of the F.I.R. is only natural and would not detract
from the value to be attached to it. A little delay is sometimes bound to be
there; State of Maharashtra v. Joseph Mingal Koli, (1997) 2 Crime 228 (Bom).
- It is well settled that delay simpliciter in the lodging of
a F.I.R. in a case of rape is not material; State of Maharashtra v. Suresh Nivrutti Bhusare, (1997) 2 Crimes 257 (Bom).
F.I.R. Is a very important document which is irreplaceable in criminal law
procedure. It will set the criminal law into motion. If any person does not get
their F.I.R. Registered under section 154 or section 154 (3) CrPC then that
person can move to the magistrate to register F.I.R. Under section 156 (3) CrPC.
They can also move to the High Court to register their F.I.R by filing a writ
petition under article 226 of the constitution of India, 1950.
falsely implicate others into cases to disturb their peaceful life by filing
false FIR. In that situation they can move to the high court by a petition that
is to say quashing of fir under section 482 of criminal procedure code, 1973. It
is necessary for the every person to know about the basic details and rights
about the F.I.R as it plays very prominent role in criminal law procedure.
The law is hard, but
it is the law.
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