First Information Report (FIR)

Introduction

The information given under Section 154 of the Criminal Procedure Code, 1973 (CrPC) is commonly known as the First Information Report (FIR), though this term is not used in the Code. As its nickname suggests, it is the earliest and the first information of a cognizable offence recorded by an officer in charge of a police station.

Lodging of FIR

• The general rule is that ordinarily the information about the offence committed is given to the police station having territorial jurisdiction where the offence has been committed. But this does not mean that it cannot be lodged elsewhere.
• FIR need not be lodged by the victim or by the eyewitness alone. Every citizen has a right to set machinery of criminal law in motion.
• It is not necessary that the information has personal knowledge of the incident. Even an anonymous letter sent reporting a cognizable offence may be treated as FIR.

Objectives of FIR

• The main objective of the FIR is to set the criminal law in motion and to obtain information about the alleged criminal activity and to obtain true or nearly true versions of the events connected with a crime.
• It provides a check on the undesirable tendency on the part of the prosecution to fill the gaps on their own.
• To safeguard the accused against subsequent variations or additions.

Essentials of FIR

• It is an information relating to the commission of a cognizable offence.
• It is given by the informant either orally or in writing.
• If given oral, it should be reduced to writing by the officer in charge of a police station or under his direction and if given in writing or reduced to writing shall be signed by the person giving it.
• The information reduced in writing must be read out to the informant and a copy thereof should be given to the informant forthwith free of cost.
• The substance of the information shall be entered in a book in such form as the State Government may prescribe in this behalf. This book is called General Diary.

Contents of FIR

• It need not contain each and every minute incident that occurred.
• It requires only the substance of information received to be mentioned and the same cannot be said to be the repository of every factum.

Evidentiary Value of FIR

• The established principle of law that FIR cannot be assumed as a substantive piece of evidence and can only be considered as an important piece of evidence.
• It can neither be used against the maker at the trial if he himself becomes an accused nor to corroborate or contradict other witnesses.
• It can only be used for certain limited purposes such as:
  • FIR is proved by the prosecution for the purpose of corroborating the statement of the maker. It can also be used to contradict the first informant.
  • It can be used to show that the implication of the accused in the case was not an afterthought.
  • Where FIR can be tendered in evidence as a part of the conduct of the informant, it can be used as substantive evidence.
  • It the informant dies, and the FIR contains a statement as to the cause of his death or the circumstances relating to his death, it may be used as substantive evidence.

Exceptions to the Rule of Registering an FIR

• In certain cases, a preliminary inquiry may be necessary before registering an FIR. These cases are:
  • Matrimonial/family disputes
  • Commercial offences
  • Medical negligence cases
  • Corruption cases
  • Cases where there is abnormal delay/laches in initiating criminal prosecution, for example, over 3 months delay in reporting the matter without satisfactorily explaining the reasons for delay.
  • The preliminary inquiry must be completed within 7 days.

Refusal to Register an FIR

• Under Section 154(3) of CrPC, if any person is aggrieved by the refusal on the part of the officer in charge of a police station to register an FIR, she can send the complaint to the Superintendent of Police/DCP concerned.
• Who, if satisfied that such information discloses the commission of a cognizable offence, will either investigate the case, or direct an investigation by a subordinate police officer.
• If no FIR is registered, the aggrieved persons can file a complaint under Section 156(3) CrPC before a concerned court which, if satisfied that a cognizable offence is made out from the complaint, will direct the police to register an FIR and conduct an investigation.

Zero FIR

• When a police station receives a complaint regarding an alleged offence that has been committed in the jurisdiction of another police station, it registers an FIR, and then transfers it to the concerned police station for further investigation. This is called a Zero FIR.
• No regular FIR number is given. After receiving the Zero FIR, the concerned police station registers a fresh FIR and starts the investigation.

Case Laws.

• In Lalita Kumari v. Govt. of UP & Ors. (2014), the Supreme Court held that filing of FIR is necessary if the information of a cognizable offence has been given. No preliminary investigation before the filing of FIR is to be done.
• In Youth Bar Association of India v. Union of India & Ors. (2014), the Supreme Court laid down the following guidelines pertaining to the FIR:
  • The accused should be furnished with a copy of an FIR before the charge sheet is filed by the police.
  • A Certified copy of the FIR should be given to the accused at his request.
  • The FIR should be uploaded on the website of the police or the state website.