FIR (FIRST INFORMATION REPORT)

Introduction

Imagine you saw a crime happening or anticipated that a crime was going to be committed by
a person. You feel panicked and wish to inform the police authorities to stop or prevent the
crime from happening. As a responsible citizen and a human being, you feel that you must
report the crime and seek legal remedy for it. It could be anyone at this spot. As we have seen
in various television series and movies, it only takes an FIR to get registered if you want to
report a crime or an apprehension of the same. But it’s not that straightforward and easy;
there lies a quantum of requirements that should be fulfilled before going down the path of
filing an FIR. This article will unravel the rights, requirements, and responsibilities and the
path thereafter to successfully deliver justice in society.

Meaning

The term ‘First Information Report’ has not been defined in the Code of Criminal Procedure.
Rather the term has not been used except in section 207 which requires the Magistrate to
furnish to the accused a copy of the First Information Report recorded under section 173 (1)
of the Code. The report first recorded by the police relating to the commission of a
cognizable case is the First Information Report giving information on the cognizable crime.

It may be defined as follows:

1. It is a piece of information given to the police officer.

2. The information must relate to a cognizable offence.

3. It is a piece of information reported first in point of time.

4. The victim of the cognizable offence or someone on his/her behalf gives information
and lodges a complaint with the police.

This is the information on the basis of which investigation begins. The FIR must be in
writing.

In the State of Rajasthan v. Shiv Singh, the Rajasthan High Court defined a First Information
Report as ‘the statement of the maker of the report at a police station before a police officer
recorded in the manner provided by the provisions of the Code.’

The FIR marks the beginning of the journey of investigation that is to be performed by the
police officers. The police officers, during the process of investigation, look for evidence and
possible witnesses who could testify for the commission of the offence or the offence for
which the FIR is filed. It is essential that the person filing an FIR not give false information
with malicious intentions to hamper justice. An FIR is a fundamental document that initiates
legal proceedings by providing significant information about the offence committed or the
apprehension of the same. It can be a criminal offence, a public concern, or both. This
document plays a major role in providing direction to police officers as to in which direction
they need to proceed with the investigation. This document is essential for both parties to the
case.
A brief overview of all the sections dealing with FIR

Section 2(1)(g) of the BNSS

Section 2(1)(g) of the BNSS defines the cognizable offences for which an FIR can be lodged.
These offences are listed in Schedule I of the Code. These offences fall under this category
and are allowed for filing/lodging an FIR.

Cognizable offences are those for which the police officer is allowed to arrest the accused
without a warrant or magistrate’s permission. These offences are more heinous and serious in
nature. For example, murder, rape, kidnapping, abduction, etc. These crimes have the
capability of harming the peace and harmony of a society. They are mostly public offences.
Usually, the punishment given for cognizable offences is more than 3 years and may extend
to life imprisonment or the death penalty.

Schedule I of the BNSS

Schedule I of the BNSS enlists the offences that are classified as cognizable offences, for
example, murder, robbery, etc. These offences require immediate police attention, and
preventive measures are needed to be taken by them. These offences are generally more
severe and graver in nature and act against the public interest at large.

Section 173(1) of the BNSS

Section 173(1) of the BNSS talks about the procedure for recording an FIR. Cognizable
offences that are reported orally or in writing must be written down by the police officer.
They should be re-read by the officer for the person lodging the FIR and signed by him
thereafter. A copy of the report must be given to the person lodging the FIR, i.e., the
informant, free of cost.

This Section lays out a brief outline of the process by which an FIR must be recorded,
documented, and acted upon by the police officer.

Section 173(3) of the BNSS

Section 173(3) of the BNSS talks about the actions to be taken if a police officer denies
recording the FIR. In such cases, the informant can go to the Superintendent of Police (also
known as the Deputy Commissioner in a Police Department). On satisfaction that the crime
committed is cognizable, he should either investigate the case himself or direct a subordinate
to take the required measures. This Section provides for a remedy or legal recourse that may
be taken by the informant if he feels that his complaint is not being entertained by the police
officer.

Object
The main objective of filing F.I.R. is to set the criminal law in motion. And also to enable the
police officer to start the investigation of the crime committed and collect all the possible
pieces of evidence as soon as possible.

The various objects of recording F.I.R. are:

· To inform the District Magistrate and the District Superintendent of Police, who are
responsible for the peace and safety of the district, of the offence, reported at the police
station.

· To make known to the judiciary and judicial officers before whom the case has to be
ultimately tried, about the facts and scenario which came out after the immediate occurrence
of the crime.

· To safeguard and protect the accused against subsequent additions or variations.

Essential Conditions of F.I.R.

In Moni Mohan v. Emperor, it was decided that the essential conditions of F.I.R. are:

· It must be a piece of information.

· It must be in writing. If given in writing, should be reduced into writing by the

concerned police officer.

· The main act or crime should be cognizable in nature, not the ones subsequent to the
main act.

The F.I.R. must be in the nature of complaint or accusation with the object of getting the law
in motion.

Information in Cognizable Cases [S.173]

Since the information received u/s 173 is termed as FIR, it is important to know the
provisions relating to the procedure for recording information in respect of cognizable cases
u/s/ 173.

· If the information is given orally to an officer in charge of a police station, it has to be

reduced in writing by the concerned police officer. It should be then read over to the
informant, and then signed by him. The information thus received has to be recorded in a
book authorized by the state government regarding the same.

· A copy of the information recorded is to be given to the informant, free of cost.

· If the officer in charge refuses to record the information, the person may send such
information, the aggrieved person may send, the substance of such information to the
Superintendent of Police and the Superintendent of Police if satisfied about the commission
of the cognizable offence, shall either investigate the case himself or direct an investigation to
be made by the subordinate police officer. Such police officer shall exercise all the powers of
an officer in charge of the police station in the concerning offence.

What Kind of Information is Considered in an F.I.R?

Only information relating to the commission of a cognizable offence can be termed as an

FIR. It is not necessary that the information must set out every detail of the case. It need not
state the name of the accused also. What is necessary is that it must disclose information
regarding the commission of a cognizable offence.

Information received in the following cases is not considered as FIR:

1. Information received after commencement of the investigation.

2. Telephonic information, unless it has been given by a known person who discloses his
identity and the message contains all the necessary facts which constitute an offence and such
a message is reduced to writing by S.H.O.

3. Information of mere assemblage of some persons.

4. Indefinite, Vague and unauthorized information.

Evidentiary Value of F.I.R.

An FIR is not a substantive piece of evidence. That is, it cannot be considered as evidence of
facts stated therein. However, FIR may be used for the following purposes:

1. It can be used to corroborate an informant witness u/s 157 of Evidence Act. But it
cannot be used to contradict or discredit other witnesses.

2. It can be used to contradict an informant witness u/s 145 of Evidence Act.

3. FIR can be used by the defence to impeach the credit of the maker under sec. 155(3) of
the Evidence Act.

4. A non-confessional FIR given by an accused can be used as an admission against him

u/s 21 of Evidence Act.

5. FIR can be used as a dying declaration as substantive evidence If it relates to the cause
or occasion or circumstances and facts which resulted in the informant’s death. within the
meaning of section 32(1) of the Evidence Act.

If the accused himself lodges the FIR, it cannot be used for corroboration or contradiction
because the accused cannot be a prosecution witness, and he would very rarely offer himself
to be a defence witness u/s 315 of the Code.

Delay in Filing FIR

The object of early filing of F.I.R. to the police as soon as possible, in respect of the
commission of the offence is to obtain and receive fresh information regarding the
circumstances and facts which tend to result in the commission of the offence. The FIR shall
have better corroborative value if it is recorded and taken before the informant’s memory
fades and before he starts to forget the facts. Thus, if there is a delay in lodging FIR and the
delay is unreasonable and unexplained, it is likely to create scope for suspicion or
introduction of a concocted story by the prosecution. It is the duty of the prosecution to
explain the delay in lodging FIR. If satisfactorily explained, it does not lose its evidentiary
value. However, mere delay in lodging FIR is not fatal to the prosecution case.

In Raghbir Singh v. The State of Haryana, It was held that going to the hospital due to the
condition of the victim for saving his life instead of going to the police station first was a
reasonable and valid explanation for the delay in filing F.I.R.

Delay in Filing FIR in Case of Rape

In cases of rape and other sexual offences, the case is not only related to the victim but also
with the family of the victim. Many times due to shame and honour they do not contact the
police immediately. Therefore the courts have consistently ruled that delay in a case of sexual
assault cannot be equated with the case involving other offences.

In Harpal Singh v. State of Himachal Pradesh, It was held that ‘delay of 10 days in
lodging the first information report stands reasonably explained when the prosecution stated
that as the honour of the family was involved, the members needed time to decide whether
the matter should be taken to the court or not.

Relevant Provision qua FIR

1. Under section 157 of the Indian Evidence Act, any former statement relating to the
same fact may be proved. The former statement may be written or oral. The account book of
a witness may also be included. The object of this section is to admit the statements made at a
time when the mind of the witness is still so connected with the event as to make it
reasonably probable that the description given by him is or would be accurate or correct.

2. Section 145 of the Evidence Act provides for one of the matters in which credit of a
witness may be impeached. The object is either to test the memory of the witness or to
contradict him by the previous statement in writing. The statement in FIR made by the
witness can be used for this purpose but a witness can be contradicted only by his own
previous statement and not the statement of any other.

3. Section 8 of the Evidence Act provides the guilty mind begets guilty conduct. Conduct
of any person against whom the offence was committed is always relevant and it is shown in
illustration (j) and (k) of section 8. Conduct here includes the conduct of both i.e. accused as
well as the victim. Conduct of accused which is of non-confessional nature may be brought
within section 8 and it will be admissible also under section 21 of the Evidence Act.

4. The FIR can also be used for cross-examination of informants and for contradicting
him. But it cannot be used for the purpose of corroborating or contradicting any witness other
than the one lodging the FIR.
Who can lodge an FIR?

An FIR may be filed by any person who either witnessed or has knowledge of the
commission of a cognizable offence. The police officer is under the obligation to file such an
FIR for the cognizable offence. The person against whom an FIR is being filed can be the
person who either committed an offence, has knowledge of the commission of an offence,
witnessed the offence, or abetted in such an offence. The informant doesn’t need to have
first-hand information about the offence. Even an anonymous notice to the police that
contains information about such an offence can be treated as a formal complaint. The police
officer can also lodge an FIR himself if he has knowledge that a cognizable offence has been
committed. In Hallu v. State of MP (1974), it was held that Section 154 of the CrPC talks
about the information that an informant holds relating to the cognizable offence given to the
officer in charge; thus it is not necessary for the informant to have personal knowledge of
such an offence.

Duration for filing an FIR

It has been seen that an FIR should be filed promptly and expeditiously without wasting any
time. However, there might be certain circumstances where some amount of concession must
be given on reasonable grounds. This shall only be allowed in the interest of justice. Judges
have to judiciously decide using their wisdom whether to grant such a concession or not.
There is no fixed duration of time that can be granted to apply the test of reasonableness. It is
purely dependent on the facts and circumstances of the case and the gravity of the offence.

Steps for filing an FIR

The procedure to get an FIR lodged is fairly simple:

1. The moment a cognizable offence is committed or is apprehended, you need to contact

your nearest police station. The FIR must be filed immediately, and there shall be no delay in
filing the FIR. If, for some reason, it gets delayed, then you need to provide reasonable
justification for the delay.

2. The informant has to tell the police officer the exact things and circumstances that he
knew or witnessed. You can describe the incident either orally or in writing. However, it is
the duty of the police officer to reduce it in writing.

3. The report must be read back to the informant and signed by him. Before signing the
report, you must ensure its accuracy. You should sign the report only after it has been
carefully read and verified by you.

4. It is the duty of the police officer to serve you with a free copy of the FIR.

5. The following things must be mentioned in the FIR-

· Name,

· Address;

· Date, time and location of the incident,

· FIR number,

· Name of the police station,

· Facts of the incident,

· Name and descriptions of the persons involved in the incident,

· Witnesses (if any).

Rights of a person lodging FIR

There are certain rights and protections given to the person who is lodging an FIR in the
interest of justice, and those are:

1. The informant has the right to receive copies of the FIR and related documents as soon
as they are filled out by the police officer in charge, as per Section 173(2).

2. The informant has the right to receive the information in case the police officer does not
conduct an investigation on insufficient grounds. This right is vested with us under Section
176(2).

3. The police officer must deliver a copy of the report submitted by him for the inquiry by
the magistrate. As per Section 193(2)(i) and (ii), the informant must have knowledge of the
actions taken by the police officer.

4. If the magistrate issues the process, then the informant must be given notice and a fair
chance of getting heard by the magistrate.

Reports and statements that do not amount to FIR

· A report or a statement that is recorded after the commencement of the investigation

under Sections 181 and 182 of the BNSS.

· Information not about the occurrence of a cognizable offence but only a cryptic
message in the form of an appeal for immediate help.

· Information to the Magistrate or police officer is given via phone or any electronic
device.

· Reports were recorded after several days of development of facts and circumstances.

· Information received at the police station prior to the lodging of an FIR.

· Reports not recorded immediately but after questioning of witnesses.

· Complaint to the Magistrate.

It was held in Damodar v. State of Rajasthan (2011) that if the information was conveyed to
police by telephone and a DO entry was made, it would not constitute an FIR even if the
information disclosed the commission of the cognizable offence. The Supreme Court has
given Directions to be followed in regard to the registration of an FIR. These directions are as
follows-

· The registration of an FIR is mandatory under Section 154 of the CrPC. It is mandatory
only under the circumstances where there is the commission of a cognizable offence or no
preliminary inquiry is allowed in such a situation

· A preliminary inquiry can be conducted in cases where it is not clear whether a

cognizable offence was committed or not.

· An FIR must be registered if it is clear from the inquiry conducted that a cognizable
offence was committed.

· If the inquiry is closed with a complaint, then the informant must be informed about it
along with the reasons in writing within 1 week of such closure.

· The officers cannot refuse to register the FIR if a cognizable offence is committed. If
any officer denies, action must be taken against him.

· A preliminary inquiry is conducted just to know if a cognizable offence was committed

or not.

· Cases in which preliminary inquiry is conducted are as follows (the mentioned list is
not exhaustive but is merely illustrations)-

· Matrimonial disputes

· Family disputes

· Commercial offences

· Medical negligence cases

· Corruption cases

· Cases where there’s a delay in the initiation of proceedings

· The preliminary inquiry must be time bound and should not exceed 7 days. The general
diary entry must contain the facts and reasons for the delay.

· The diary in which all the information relating to a cognizable offence is recorded must
reflect the reason for conducting a preliminary inquiry.

Evidentiary value of FIR

The FIR is not a substantive piece of evidence but can be considered evidence in the following
situations:
1. As per Section 173 of the BNSS, the FIR marks the beginning of the investigation proceedings,
and on the basis of this investigation, the charge sheet is made under Section 193 of the BNSS

2. Though the FIR is not a substantive piece of evidence, it helps in corroborating the facts and
statements made by the informant and cross-examining him thereafter.

3. As per Section 8 of the Indian Evidence Act (1872), the FIR can be used as proof of the actions
of the informant.

4. As per Section 32(1) of the Indian Evidence Act (1872), if the informant dies and the statement
recorded by the police in the FIR includes the reason for his death or about the events that might
lead to his death, then it can act as substantial proof to validate the reasons for his death. This acts
as a dying declaration, wherein the person testifies about the circumstances leading to his death.

5. As per Section 145 of the Indian Evidence Act (1872), the FIR may be used to refute the
informant’s testimony. This Section allows the contradiction of witnesses during the cross-
examination.

6. As per Section 157 of the Indian Evidence Act (1872), the FIR may be used in support of a
witness but cannot be used to refute or undermine the testimony of other witnesses.

7. If the accused himself lodges the FIR, it cannot be used for corroboration or contradiction
because the accused cannot be a prosecution witness, and he would very rarely offer himself to be a
defense witness as per Section 353 of the BNSS 2023.

Difference Between F.I.R and Complaint

While in common parlance the terms FIR and complaint are often used interchangeably, both terms
have different legal meanings and implications. The primary difference between a complaint and FIR
is that while FIR is lodged with the police, a complaint is made to the magistrate.

The major points of difference are:

F.I.R COMPLAINT

Complaint is defined u/s 2(1) of the Code as “any allegation made

FIR is not defined under the code. orally or in writing to a Magistrate, with a view to his taking action under
this Code, that some person, whether known or unknown, has
committed an offence, but does not include a police report.[1]

FIR is lodged with an officer in charge of a

Complaint is filed with the Magistrate.
police station.

FIR relates to information as to the It may relate to the commission of any offence, whether cognizable or
commission of a cognizable offence. non-cognizable.

The magistrate cannot take into cognizance The magistrate is empowered u/s 210 of BNSS. to take cognizance of an
of an offence. offence upon a private complaint.

It is not a substantive piece of evidence. The complaint itself is substantial evidence.

The FIR once lodged with the police station In a summons case, a complainant can withdraw a complaint against all
cannot be withdrawn by the informant. or any of the accused, at any time before a final order is passed.
The informant is not bound to take an oath
The Complainant must take an oath before the Magistrate.
before the police officer while lodging FIR.

The informant would not be liable

for malicious prosecution if the The complainant is liable for malicious prosecution if the complaint is
information furnished by him is found to be found to be false.
incorrect or false.

Case laws

Sidhartha Vashisht @ Manu Sharma v. State (NCT of Delhi), 2010 (famously known as Jessica Lal’s
murder case)

Facts of the case

In this case, model Jessica Lal was found shot dead in a restaurant in Delhi. Jessica Lal refused to
serve more drinks to the petitioner, as a result of which the petitioner shot her, which led to her
death. Manu Sharma managed to escape from the scene but later on, he was called upon for the
offence he committed. The offence took place at Qutub Colonnade, and there were several witnesses
who testified to the presence of Manu Sharma at the crime scene. The prosecution relied on the
telephonic/wireless message that was received by the Mehrauli Police Station. The communication
was relied on as evidence. Manu Sharma was acquitted in the initial trial, but later on, the decision
was overturned by the Delhi High Court who found him guilty of the offences. As a result of which he
appealed for conviction in the Supreme Court.

Issues involved in the case

Along with the main issue of whether or not Manu was present at the murder scene, there was one
more issue, i.e., the reliability of the wireless message as evidence.

Judgement of the Court

The Supreme Court in this case held that telecommunication or wireless communication, i.e., phone
calls that are made immediately after the offence, will be eligible to be considered an FIR only when
it is established that they were not vague or cryptic. However, the calls that are made to police
officers to merely get them to the crime scene do not necessarily qualify as an FIR. Hence, the
Supreme Court upheld the decision of the Delhi High Court.

Tehal Singh and Ors. v. State of Punjab, 1978

Facts of the case

In this case, telephonic communication was received by the police officer in charge, and the court
examined the circumstances that are to be considered for such information to be considered an FIR
under Section 154 of the CrPC. There was a chain of events involved, for which Tehal Singh was
accused of attacking and killing Pirthi Singh. They claimed that they were provoked by Pirthi Singh,
but it was not considered part of the same transaction. Tehal Singh contended that he and his
companions were falsely involved in this case and that whatever he did was in self-defence.

Issues involved in the case

Whether the telephonic conversation meets the criteria of an FIR or not?

Judgement of the Court

The High Court of Punjab and Haryana held that there are certain conditions that must be met to
consider telephonic communication an FIR. The Court emphasised the fact that the information
given by the informant must be reduced to writing to be considered an FIR as per Section 154 of the
CrPC. Further, an appeal was filed in the Supreme Court. The Supreme Court also confirmed the
decision given by the High Court and dismissed the appeal. The Supreme Court didn’t find any flaw in
the session court’s judgement, which was then confirmed by the High Court.

Lalita Kumari v. Government of UP, 2013

Facts of the case

In this case, a writ petition in the Supreme Court was filed by Lalita Kumari’s father, Bhola Kamat,
under Article 32 of the Constitution of India. Lalita Kumari was the minor daughter of Bhola Kamat.
She was kidnapped, and her father lodged an FIR at the nearest police station. The police officers did
not take any action to find Lalita Kumari, even after registering the FIR. The case was heard by a five-
judge Constitution Bench. The Supreme Court examined the mandatory requirements for filing an FIR
under Section 154(1) of the Code. The Court attempted to distinguish between cognizable and non-
cognizable offences and laid down guidelines for the procedure related to FIR registration.

Issues involved in the case

The main issues were the scope, applicability, and obligation of the police while registering an FIR.

Judgement of the Court

The Supreme Court held that the conditions under Section 154(1) of the Code must be strictly
adhered to. The police must conduct a preliminary investigation to determine if the nature of the
offence is cognizable or non-cognizable. The informant must be told within seven days after the
preliminary inquiry is concluded, whether or not the FIR should be filed. If not, then the reasoning
must be provided.

Conclusion

The FIR is the stepping stone of the whole justice delivery system. It is a very crucial document for
every criminal case. It marks the beginning of the criminal prosecution. An FIR can be registered in
simple steps and is still a significant document for the investigation to begin. As rightly observed in
the case of Mohan Lal v. State of Uttar Pradesh (1988), an FIR is the Bible of the case initiated on the
public record. Hence, it is vital for every citizen to understand their rights related to an FIR. These are
very helpful in understanding how an individual should proceed if he wishes to report a crime or
raise his voice against public offences.

Introduction

Imagine you saw a crime happening or anticipated that a crime was going to be committed by a
person. You feel panicked and wish to inform the police authorities to stop or prevent the crime from
happening. As a responsible citizen and a human being, you feel that you must report the crime and
seek legal remedy for it. It could be anyone at this spot. As we have seen in various television series
and movies, it only takes an FIR to get registered if you want to report a crime or an apprehension of
the same. But it’s not that straightforward and easy; there lies a quantum of requirements that
should be fulfilled before going down the path of filing an FIR. This article will unravel the rights,
requirements, and responsibilities and the path thereafter to successfully deliver justice in society.

Meaning

The term ‘First Information Report’ has not been defined in the Code of Criminal Procedure. Rather
the term has not been used except in section 207 which requires the Magistrate to furnish to the
accused a copy of the First Information Report recorded under section 173 (1) of the Code. The
report first recorded by the police relating to the commission of a cognizable case is the First
Information Report giving information on the cognizable crime.

It may be defined as follows:

1. It is a piece of information given to the police officer.

2. The information must relate to a cognizable offence.

3. It is a piece of information reported first in point of time.

4. The victim of the cognizable offence or someone on his/her behalf gives information and lodges
a complaint with the police.

This is the information on the basis of which investigation begins. The FIR must be in writing.

In the State of Rajasthan v. Shiv Singh, the Rajasthan High Court defined a First Information Report
as ‘the statement of the maker of the report at a police station before a police officer recorded in the
manner provided by the provisions of the Code.’

The FIR marks the beginning of the journey of investigation that is to be performed by the police
officers. The police officers, during the process of investigation, look for evidence and possible
witnesses who could testify for the commission of the offence or the offence for which the FIR is
filed. It is essential that the person filing an FIR not give false information with malicious intentions to
hamper justice. An FIR is a fundamental document that initiates legal proceedings by providing
significant information about the offence committed or the apprehension of the same. It can be a
criminal offence, a public concern, or both. This document plays a major role in providing direction to
police officers as to in which direction they need to proceed with the investigation. This document is
essential for both parties to the case.

A brief overview of all the sections dealing with FIR

Section 2(1)(g) of the BNSS

Section 2(1)(g) of the BNSS defines the cognizable offences for which an FIR can be lodged. These
offences are listed in Schedule I of the Code. These offences fall under this category and are allowed
for filing/lodging an FIR.
Cognizable offences are those for which the police officer is allowed to arrest the accused without a
warrant or magistrate’s permission. These offences are more heinous and serious in nature. For
example, murder, rape, kidnapping, abduction, etc. These crimes have the capability of harming the
peace and harmony of a society. They are mostly public offences. Usually, the punishment given for
cognizable offences is more than 3 years and may extend to life imprisonment or the death penalty.

Schedule I of the BNSS

Schedule I of the BNSS enlists the offences that are classified as cognizable offences, for example,
murder, robbery, etc. These offences require immediate police attention, and preventive measures
are needed to be taken by them. These offences are generally more severe and graver in nature and
act against the public interest at large.

Section 173(1) of the BNSS

Section 173(1) of the BNSS talks about the procedure for recording an FIR. Cognizable offences that
are reported orally or in writing must be written down by the police officer. They should be re-read
by the officer for the person lodging the FIR and signed by him thereafter. A copy of the report must
be given to the person lodging the FIR, i.e., the informant, free of cost.

This Section lays out a brief outline of the process by which an FIR must be recorded, documented,
and acted upon by the police officer.

Section 173(3) of the BNSS

Section 173(3) of the BNSS talks about the actions to be taken if a police officer denies recording the
FIR. In such cases, the informant can go to the Superintendent of Police (also known as the Deputy
Commissioner in a Police Department). On satisfaction that the crime committed is cognizable, he
should either investigate the case himself or direct a subordinate to take the required measures. This
Section provides for a remedy or legal recourse that may be taken by the informant if he feels that
his complaint is not being entertained by the police officer.

Object

The main objective of filing F.I.R. is to set the criminal law in motion. And also to enable the police
officer to start the investigation of the crime committed and collect all the possible pieces of
evidence as soon as possible.

The various objects of recording F.I.R. are:

· To inform the District Magistrate and the District Superintendent of Police, who are responsible
for the peace and safety of the district, of the offence, reported at the police station.

· To make known to the judiciary and judicial officers before whom the case has to be ultimately
tried, about the facts and scenario which came out after the immediate occurrence of the crime.

· To safeguard and protect the accused against subsequent additions or variations.

Essential Conditions of F.I.R.

In Moni Mohan v. Emperor, it was decided that the essential conditions of F.I.R. are:

· It must be a piece of information.

· It must be in writing. If given in writing, should be reduced into writing by the concerned police
officer.

· The main act or crime should be cognizable in nature, not the ones subsequent to the main act.

The F.I.R. must be in the nature of complaint or accusation with the object of getting the law in
motion.

Information in Cognizable Cases [S.173]

Since the information received u/s 173 is termed as FIR, it is important to know the provisions
relating to the procedure for recording information in respect of cognizable cases u/s/ 173.

· If the information is given orally to an officer in charge of a police station, it has to be reduced
in writing by the concerned police officer. It should be then read over to the informant, and then
signed by him. The information thus received has to be recorded in a book authorized by the state
government regarding the same.

· A copy of the information recorded is to be given to the informant, free of cost.

· If the officer in charge refuses to record the information, the person may send such
information, the aggrieved person may send, the substance of such information to the
Superintendent of Police and the Superintendent of Police if satisfied about the commission of the
cognizable offence, shall either investigate the case himself or direct an investigation to be made by
the subordinate police officer. Such police officer shall exercise all the powers of an officer in charge
of the police station in the concerning offence.

What Kind of Information is Considered in an F.I.R?

Only information relating to the commission of a cognizable offence can be termed as an FIR. It is not
necessary that the information must set out every detail of the case. It need not state the name of
the accused also. What is necessary is that it must disclose information regarding the commission of
a cognizable offence.

Information received in the following cases is not considered as FIR:

1. Information received after commencement of the investigation.

2. Telephonic information, unless it has been given by a known person who discloses his identity
and the message contains all the necessary facts which constitute an offence and such a message is
reduced to writing by S.H.O.

3. Information of mere assemblage of some persons.

4. Indefinite, Vague and unauthorized information.

Evidentiary Value of F.I.R.

An FIR is not a substantive piece of evidence. That is, it cannot be considered as evidence of facts
stated therein. However, FIR may be used for the following purposes:

1. It can be used to corroborate an informant witness u/s 157 of Evidence Act. But it cannot be
used to contradict or discredit other witnesses.
2. It can be used to contradict an informant witness u/s 145 of Evidence Act.

3. FIR can be used by the defence to impeach the credit of the maker under sec. 155(3) of the
Evidence Act.

4. A non-confessional FIR given by an accused can be used as an admission against him u/s 21 of
Evidence Act.

5. FIR can be used as a dying declaration as substantive evidence If it relates to the cause or
occasion or circumstances and facts which resulted in the informant’s death. within the meaning of
section 32(1) of the Evidence Act.

If the accused himself lodges the FIR, it cannot be used for corroboration or contradiction because
the accused cannot be a prosecution witness, and he would very rarely offer himself to be a defence
witness u/s 315 of the Code.

Delay in Filing FIR

The object of early filing of F.I.R. to the police as soon as possible, in respect of the commission of
the offence is to obtain and receive fresh information regarding the circumstances and facts which
tend to result in the commission of the offence. The FIR shall have better corroborative value if it is
recorded and taken before the informant’s memory fades and before he starts to forget the facts.
Thus, if there is a delay in lodging FIR and the delay is unreasonable and unexplained, it is likely to
create scope for suspicion or introduction of a concocted story by the prosecution. It is the duty of
the prosecution to explain the delay in lodging FIR. If satisfactorily explained, it does not lose its
evidentiary value. However, mere delay in lodging FIR is not fatal to the prosecution case.

In Raghbir Singh v. The State of Haryana, It was held that going to the hospital due to the condition of
the victim for saving his life instead of going to the police station first was a reasonable and valid
explanation for the delay in filing F.I.R.

Delay in Filing FIR in Case of Rape

In cases of rape and other sexual offences, the case is not only related to the victim but also with the
family of the victim. Many times due to shame and honour they do not contact the police
immediately. Therefore the courts have consistently ruled that delay in a case of sexual assault
cannot be equated with the case involving other offences.

In Harpal Singh v. State of Himachal Pradesh, It was held that ‘delay of 10 days in lodging the first
information report stands reasonably explained when the prosecution stated that as the honour of
the family was involved, the members needed time to decide whether the matter should be taken to
the court or not.

Relevant Provision qua FIR

1. Under section 157 of the Indian Evidence Act, any former statement relating to the same fact
may be proved. The former statement may be written or oral. The account book of a witness may
also be included. The object of this section is to admit the statements made at a time when the mind
of the witness is still so connected with the event as to make it reasonably probable that the
description given by him is or would be accurate or correct.
2. Section 145 of the Evidence Act provides for one of the matters in which credit of a witness may
be impeached. The object is either to test the memory of the witness or to contradict him by the
previous statement in writing. The statement in FIR made by the witness can be used for this
purpose but a witness can be contradicted only by his own previous statement and not the
statement of any other.

3. Section 8 of the Evidence Act provides the guilty mind begets guilty conduct. Conduct of any
person against whom the offence was committed is always relevant and it is shown in illustration (j)
and (k) of section 8. Conduct here includes the conduct of both i.e. accused as well as the victim.
Conduct of accused which is of non-confessional nature may be brought within section 8 and it will
be admissible also under section 21 of the Evidence Act.

4. The FIR can also be used for cross-examination of informants and for contradicting him. But it
cannot be used for the purpose of corroborating or contradicting any witness other than the one
lodging the FIR.

Who can lodge an FIR?

An FIR may be filed by any person who either witnessed or has knowledge of the commission of a
cognizable offence. The police officer is under the obligation to file such an FIR for the cognizable
offence. The person against whom an FIR is being filed can be the person who either committed an
offence, has knowledge of the commission of an offence, witnessed the offence, or abetted in such
an offence. The informant doesn’t need to have first-hand information about the offence. Even an
anonymous notice to the police that contains information about such an offence can be treated as a
formal complaint. The police officer can also lodge an FIR himself if he has knowledge that a
cognizable offence has been committed. In Hallu v. State of MP (1974), it was held that Section
154 of the CrPC talks about the information that an informant holds relating to the cognizable
offence given to the officer in charge; thus it is not necessary for the informant to have personal
knowledge of such an offence.

Duration for filing an FIR

It has been seen that an FIR should be filed promptly and expeditiously without wasting any time.
However, there might be certain circumstances where some amount of concession must be given on
reasonable grounds. This shall only be allowed in the interest of justice. Judges have to judiciously
decide using their wisdom whether to grant such a concession or not. There is no fixed duration of
time that can be granted to apply the test of reasonableness. It is purely dependent on the facts and
circumstances of the case and the gravity of the offence.

Steps for filing an FIR

The procedure to get an FIR lodged is fairly simple:

1. The moment a cognizable offence is committed or is apprehended, you need to contact your
nearest police station. The FIR must be filed immediately, and there shall be no delay in filing the FIR.
If, for some reason, it gets delayed, then you need to provide reasonable justification for the delay.

2. The informant has to tell the police officer the exact things and circumstances that he knew or
witnessed. You can describe the incident either orally or in writing. However, it is the duty of the
police officer to reduce it in writing.
3. The report must be read back to the informant and signed by him. Before signing the report,
you must ensure its accuracy. You should sign the report only after it has been carefully read and
verified by you.

4. It is the duty of the police officer to serve you with a free copy of the FIR.

5. The following things must be mentioned in the FIR-

· Name,

· Address;

· Date, time and location of the incident,

· FIR number,

· Name of the police station,

· Facts of the incident,

· Name and descriptions of the persons involved in the incident,

· Witnesses (if any).

Rights of a person lodging FIR

There are certain rights and protections given to the person who is lodging an FIR in the interest of
justice, and those are:

1. The informant has the right to receive copies of the FIR and related documents as soon as they
are filled out by the police officer in charge, as per Section 173(2).

2. The informant has the right to receive the information in case the police officer does not
conduct an investigation on insufficient grounds. This right is vested with us under Section 176(2).

3. The police officer must deliver a copy of the report submitted by him for the inquiry by the
magistrate. As per Section 193(2)(i) and (ii), the informant must have knowledge of the actions taken
by the police officer.

4. If the magistrate issues the process, then the informant must be given notice and a fair chance
of getting heard by the magistrate.

Reports and statements that do not amount to FIR

· A report or a statement that is recorded after the commencement of the investigation under
Sections 181 and 182 of the BNSS.

· Information not about the occurrence of a cognizable offence but only a cryptic message in the
form of an appeal for immediate help.

· Information to the Magistrate or police officer is given via phone or any electronic device.

· Reports were recorded after several days of development of facts and circumstances.

· Information received at the police station prior to the lodging of an FIR.

· Reports not recorded immediately but after questioning of witnesses.

· Complaint to the Magistrate.

It was held in Damodar v. State of Rajasthan (2011) that if the information was conveyed to police by
telephone and a DO entry was made, it would not constitute an FIR even if the information disclosed
the commission of the cognizable offence. The Supreme Court has given Directions to be followed in
regard to the registration of an FIR. These directions are as follows-

· The registration of an FIR is mandatory under Section 154 of the CrPC. It is mandatory only
under the circumstances where there is the commission of a cognizable offence or no preliminary
inquiry is allowed in such a situation

· A preliminary inquiry can be conducted in cases where it is not clear whether a cognizable
offence was committed or not.

· An FIR must be registered if it is clear from the inquiry conducted that a cognizable offence was
committed.

· If the inquiry is closed with a complaint, then the informant must be informed about it along
with the reasons in writing within 1 week of such closure.

· The officers cannot refuse to register the FIR if a cognizable offence is committed. If any officer
denies, action must be taken against him.

· A preliminary inquiry is conducted just to know if a cognizable offence was committed or not.

· Cases in which preliminary inquiry is conducted are as follows (the mentioned list is not
exhaustive but is merely illustrations)-

· Matrimonial disputes

· Family disputes

· Commercial offences

· Medical negligence cases

· Corruption cases

· Cases where there’s a delay in the initiation of proceedings

· The preliminary inquiry must be time bound and should not exceed 7 days. The general diary
entry must contain the facts and reasons for the delay.

· The diary in which all the information relating to a cognizable offence is recorded must reflect
the reason for conducting a preliminary inquiry.