FIRST INFORMATION REPORT

AND ITS
EVIDENTIARY VALUE
PRESENTED BY-
C.LALNUNSIAMI
R/N-2028LLB011
GOV’T MIZORAM LAW COLLEGE
 WHAT IS FIR?

• An FIR (First Information Report) is the earliest form and the first information of a cognizable
offence recorded by an officer-in-charge of a police station. The underlying reason for
documenting an FIR is to set criminal law into motion and not to express all the small details
therein.
• Though this term is not used in the Criminal Procedure Code however,’ An information given
under sub-section(1) of section 154 CrPC is commonly known as first information report.(FIR)
• The information given to the Police Officer for registration of a case must be authentic and
bona fide. It should be traceable to an individual who should be responsible for imparting
information and not be gossip. It may or may not be hearsay but the person who reports of the
said hearsay should take responsibility for it and mention the source of information.
WHO CAN LODGE A FIR?
• FIR can be filed by the following persons:
1. By a aggrieved person or somebody on his behalf.
2. Any person who is aware of the offence by being either
a)An eye witness and/or b)Hearsay account.
3. By the accused himself.
4. by the SHO on his own knowledge or information even when a cognizable offence is committed is view
of an officer in charge he can register a case himself however he is not bound to take down in writing
any information and even if the information is only by a medical certificate upon arrival of the injured,
then the SHO should enter it in daily dairy and go to hospital for recording detailed statement of injured.

WHERE FIR SHOULD BE FILED?

An FIR should be filed in the police station of the concerned area in whose jurisdiction the offence took
place. Though it is secondary. However it is an equally important object to obtain early information of an
alleged criminal activity and to record the circumstances before the trial, lest such circumstances are
forgotten or embellished.
 0BJECTIVE OF THE FIR-

• The objectives of filing an FIR are stated as below:

1) To reduce the substance of data given of a cognizable offence, whenever given
orally, into a composed written form.
2) To have it signed by the complainant if submitted in writing
3) To maintain a record of information of the cognizable offences committed.
4) To initiate investigation on receipt of information of commission of cognizable
offence.
5) To inform Magistrate regarding the nature of the information received.
 Evidentiary value of FIR

Substantive Aspect Procedural Aspect

• Conduct * Contradiction
• Admission * Corroborate
• Dying declaration
• Confession
 FIR & CONDUCT

• Provision for conduct is given under section 8 of Indian Evidence Act. Basically it is referred to show
the conduct of an accused or informant as to commission of an cognizable offence.
• Point to considered:
1. Time of giving information
2. Conduct of informant

Gulshan Kumar V. State, 1993(2) Crimes 239(Delhi), in which Court held that FIR can be used under
section 8 to show and establish the conduct of an informant..
FIR & ADMISSION
• Any FIR which is lodged by an accused can be used against him. Section 25 of the Evidence Act and
Section 162 of the Code of Criminal Procedure do not bar its admissibility. The report is an admission
by the accused of certain facts which have a bearing on the question to be determined by the courts
under Section 21 of the Evidence Act shall permit.
Paddi v. State of M.P. AIR 1964 SC. The Apex court held that Admission of an accused can be
proved against him under the provision of section 21 of IEA.
FIR & CONFESSION
• A non-confessional First Information Report lodged by the accused can be used against him to prove
his admissions in regard to certain facts under Section 21 of Evidence Act. (Nisar Ali v. State of U.P)
• Certain portion of confessional First Information Report Lodged by the accused can be used against
him if they lead to the discovery of a fact within the meaning of Section 27 of Evidence Act.
FIR & DYING DECLARATION
FIR can be used as substantive evidence on the death of the informant if it relates to the cause of
informant’s death or circumstances of the transaction resulting in informant’s death within the meaning
of section 32(1) of Evidence Act. In other case, it cannot be used as substantive evidence.
Munnu Raja V. State of Madhya Pradesh,
Munnu Raja and Chhuttan were tried by the sessions Judge, Chhatarpur on the charge that at about 10
am on April,30th 1969 they committed the murder of one Bahadur Singh. Two eye witnesses were turned
hostile and learned sessions judge thought that it was unsafe to rely on their testimony. Learned judge
was also not impressed by three dying declarations given by the deceased with the result, the appellants
were acquitted by the sessions court. The state preferred appeal in the High Court of Madhya Pradesh,
which was allowed by a division Bench. Thereafter the appellants preferred appeal to the Supreme Court.
FIR & SECTION 145, 157 0F INDIAN EVIDENCE ACT
It can be used to corroborate the maker under S.157 of IEA, but not to corroborate the other witnesses.
Apex court has gone so far to say that the prosecution case cannot be thrown out on the mere ground that
if the first information report an altogether different version was given by its maker. This position has
not, however been maintained in to subsequent cases of the apex court.
Section 145 talks about Cross-examination as to previous statement in writing F.I.R can be used to cross
examine the informant and for contradicting the maker of it, this is possible by relying on section 145.

Krishna Kumar V. State, it was held that when the F.I.R. is clouded with suspicion as it was product of
undue deliberation and consultation, then F.I.R loses its corroboration value.
CONCLUSION-

FIR is not a substantive piece of evidence. It can only be used to corroborate the statement of the maker
under Section 157, Evidence Act or to contradict it under section 145 of the Evidence Act.It can only be
used for corroboration or contradiction purposes that too when FIR was lodged by a person having direct
knowledge about the occurrence. The value of FIR must always depend on the facts and circumstances of
a given case.
REFERENCES-

 The Code of Criminal Procedure – R.N.Saxena ; Central Law Agency

 Evidentiary value of FIR | Legal Readings – 11:13 PM – 01/04/23
 Evidentiary Value of FIR – iPleaders – 11: 15 PM – 01/04/23
 What is the Evidentiary Value of FIR? (legalserviceindia.com) – 11:30
PM -01/04/23
THANK YOU 