BASIC CONCEPT OF FIRST INFORMATION

REPORT
A First Information Report (FIR) is a written document prepared by police authority when they
receive information about the commission of a cognizable offence. It is generally a complaint
lodged with the police by the victim of a cognizable offense or by someone on his or her behalf,
but anyone can make such a report either orally or in writing to the police..

FIR is an important document because it sets the process of criminal justice in motion. It is only
after the FIR is registered in the police station that the police take up investigation of the case.
Anyone who knows about the commission of a cognizable offence, including police officers, can
file an FIR.

Section 154 of Criminal procedural code deals with the provisions relating to the Procedure for
filling FIR, though this section does not define the word as “First” it simply states Information
Report. 

SALIENT FEATURES OF FIRST INFORMATON REPORT

 Information can be given about any cognizable offence by any person at the Police
station that holds a jurisdiction to entertain such information’s
 FIR must be filled immediately, without delay and in case there is any delay the reason of
delay shall be mentioned in the form and shall be explained duly to the concerned police
of that jurisdiction.Besides, F.I.R is outside the ambit of Section 162 of the CRPC it is
still not considered as a substantive piece of evidence;
 Police officer shall reduce such information in writing.
 Informant's signature must be obtained.
 The contents of such information should be read over to Informant.
 Such information must be entered in record by the police officer
 Police officer shall give a copy of such information to the informant forthwith.
 Original F.I.R must be sent to the Magistrate forthwith;

ESSENTIAL DETAILS OF FIRST INFORMATION REPORT

 Name and Address:

 Date and time and location of incident;
 Details on the incident;
 Proper chain of facts;
 Witnesses (if Any)

ZERO FIR: THE CONCEPT

As per the concept, Zero FIR is a FIR that can be filed in any police station regardless of the
place of incidence or jurisdiction.   The same is later transferred to the Police Station having
competent jurisdiction after investigation and filing with a magistrate. What  distinguishes Zero

BASIC CONCEPT OF FIR By Tarunjyoti Tewari

Advocate, High Court, Calcutta.
Email: tjt4002@yahoo.co.in
FIR from Ordinary FIR is that in the latter, FIR is registered by a serial number in police station
but in the former one an FIR is instituted at any Police Station other than the jurisdictional Police
Station concerned, that is the place where incident took place, and such an FIR is registered but
not numbered. Such unnumbered FIR is forwarded to the concerned Police Station where it gets
numbered and further acted upon. Hence those FIR’s are known to be Zero FIR’s. For instance
an Offence is committed within the jurisdictional limit of ‘A’ police station & FIR is lodge at ‘B’
police station. Then by the procedure, if it is revealed that the offence is committed within the
jurisdiction limit of the other police station the FIR will be channelize to that police station as
ZERO number FIR. The Police Station registering the Zero number FIR is required to make
some prelude investigation into the case before directing it to the concerned Police Station.

REMEDIES AVIALABLE IF POLICE REFUSES TO ACCEPT THE COMPLAINT.

* If the concerned Police Officer or the in-charge denies or resist to file an FIR in such  instance
you can meet the Superintendent of Police or other higher officers like Deputy Inspector General
of Police & Inspector General of Police and bring your complaint to their notice.

* You can send your complaint in writing and by post to the Superintendent of Police concerned.
If the Superintendent of Police is satisfied with your complaint, he shall either investigate the
case himself or order an investigation to be made.

* If police does not start a case then you can lodge a complaint before the magistrate having
jurisdiction with a prayer to direct the police to treat the complaint as FIR and investigate.

DO’S AND DON’TS TO KEEP IN MIND WHILE FILING A POLICE

COMPLAINT/F.I.R

If you are a victim or witness of a crime give clear descriptions of all that you experienced, saw
or remember. If you are filing an FIR for a crime that you have second hand knowledge of, then
report exactly what you were told or what you heard. Information should never be exaggerated or
false. Important details to include are the date, time, location and a description of the culprits or
people involved. The sequence of events that occurred and details of what each person did or
said. Never file a false complaint or give wrong information to the police. You can be prosecuted
under law for giving wrong information or for misleading the police.—[Section 203, Indian
Penal Code 1860].Never exaggerate or distort facts.. Never make vague or unclear statements.

ONE THING YOU MUST REMEMBER. FIR NEED NOT BE AN ENCYCLOPEDIA BUT IT
MUST CONTAIN THE ELEMENTS OF COGNIZABLE OFFENECE AND DETAILS
ABOUT SUCH OFFENCE.

DELAY IN LODGING AN F.I.R.

As per the law, the first information report is to be registered as soon as possible so that no time
is wasted and the culprit is caught timely and no danger is present to others. But sometimes,
there is a delay in lodging the F.I.R. Though the law itself has not prescribed any time for
lodging F.I.R., it is an accepted rule that it should be filed promptly. If a delay is caused
explanation for the delay should be given in the F.I.R.

BASIC CONCEPT OF FIR By Tarunjyoti Tewari

Advocate, High Court, Calcutta.
Email: tjt4002@yahoo.co.in
EVIDENTIARY VALUE OF FIR.

FIR is not a piece of substantive evidence. It can be used only for limited purposes, like
corroborating under section 157 of the Evidence Act or contradicting (cross-examination under
section 145 of Evidence Act) the maker thereof, or to show that the implication of the accused
was not an after-thought. It can also be used under section 8 and section 11 of the Evidence Act.
Obviously, the FIR cannot be used for the purposes of corroborating or contradicting or
discrediting any witness other than the one lodging the FIR. It cannot be used for corroborating
the statement of a third party. If the FIR is of a confessional nature it cannot be proved against
the accused-informant, because according to section 25 of the Evidence Act, no confession made
to a police officer can be proved as against a person accused of any offence. But it might become
relevant under section 8 of the Evidence Act.

IF POLICE DOES NOT TAKE STEPS INSPITE OF SPECIFIC COMPALINTS:

If police do not take step even after specific complaints then one can file an application under
article 226 of the constitution of India before Hon’ble High Court of that state and pray for a
mandamus directing the police authority to take steps on the basis of complaint and/or
investigate the case properly and/or any other directions.

BASIC CONCEPT OF FIR By Tarunjyoti Tewari

Advocate, High Court, Calcutta.
Email: tjt4002@yahoo.co.in