Criminal Procedure Code

First Information Report

 First Information Report ( FIR )

The basic purpose of filing FIR is to set the criminal law into motion and not to
state all the minute details therein.
 This is the information on the basis of which investigation begins. The FIR must
be in writing.
 is a written document prepared by a Police officer based on information about the
commission of a cognizable offense. As the name suggests, First Information
Report is the first information that reaches the Police after an offense is
committed. In common terms, it is a complaint lodged with the Police by an
aggrieved of a cognizable offense or any other person who has information about
the commission of the Offense.
IMPORTANCE OF FIR

 The main goal of an FIR is to set the criminal law in motion and to gather information
regarding alleged illegal behavior so that appropriate steps can be taken to track down and
prosecute the perpetrators. As a result, Sec. 154 has three objectives:

 To notify the Magistrate and the District S. P., who are in charge of the district's peace and
safety, of the crimes recorded at the police station;

 To inform the judicial officers who will ultimately hear the case what information was
released immediately after the occurrence and what documents were used to begin the
inquiry,

 To protect the accused from future modifications or any other additions.

 It is an information which is given to the police
officer.

 Information must relate to a cognizable offence.

 It is an information first in point of time.

 It is on the basis of this information that the

investigation into the offence commences.
 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 orally, 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.
 Specific Provision

 Sec.154 of CrPC
 Information in Cognizable Cases [S.154]

Since the information received u/s 154 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/ 154.

 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.

 When the information is given by a woman against whom any of the

offences under sections 326 – A, 326-B, 354, 354-A to 354-D, 376,

376-A to 376-E or 509 IPC is alleged to have been committed or

attempted, such statement shall be recorded by a woman police officer

or any woman officer.

What 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. Indefinite, Vague and unauthorized information.