TITLE:- FIR (FIRST INFORMATION REPORT)

Section 154 Cr.P.C defines FIR and explains its importance & efficacy.
Section 154 Cr.P.C deal with information regarding cognizable offences
and Section 156 Cr.P.C deal with the investigation in respect of cognizable
offences.

Every information relating to the commission of cognizable offence , if given

orally to an Officer in charge of a Police Station , Shall be reduced to
writing by him or her or under his discretion and to 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 and 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.

Any criminal case begins with a First Information Report which means the
first intimation of the incident of criminal nature to the Police. This is from
where the Police begins its investigation the case. It is also treated as
criminal complaints against the accused and contains the name of
accused, nature of crime, time and place of commission of crime, name of
complainant & date of crime. This is the report which gives the idea to the
investigating officer on the basis of which one start investigating the case.

There is prescribed format of FIR on which Officer in charge register the

complaint. The same is signed by the complainant & officer in charge. The
carbon copy with signed & sealed by officer in charge is given to the
complainant for their reference. The original is sent to the court. Once
police conclude the investigation, the investigation report is submitted to
the court and trial begins which end with conviction or acquittal of the
accused.

Delay in lodging the FIR quite often results in delaying the overall
investigation and it may give chance the accused to run away or washed
off the evidence. The information which is given immediately after
occurrence of the crime has its own importance. It is earliest possible
information to the police. The likelihood of creating stories is less.

It was pointed out in Nagireddi Vs State of AP{(1968) 1 An.W.R.178} that

FIR is valuable piece of evidence as it is earliest version that can be
compared with what is told during trial.

The basic purpose of the FIR is to put criminal law in motion. Sometimes
the police may refuse to lodge FIR. This can be both legal and illegal. In
case where they don’t have jurisdiction or is not in their legal capacity to
cognizance or the offence is non-cognizable in nature, it will be held legal.
But where Police refuses to file the complaint for blatant reason without any
substantial reason, it is contrary to law. As per Section 155(1) Cr.P.C, A
police office receives information about commission of non-cognizable
offence committed in the jurisdiction of the police station, he should enter
the substance of the case in station diary and refer the informant to
approach the concerned Magistrate.