FIR ( First information report)

Presentation by : Atin Kumar

16611, B com LLB 5 th Sem
What is FIR

 The term FIR is not defined anywhere in our law but Section 154 & 155 of CrPC talks
about the cognizance of any information related to cognizable offenses and non-
cognizable offenses respectively. The purpose of FIR is to bring the law into the action of
cognizance of any offence, and with the cognizance, it is the duty of the state to offer
redressal to the victim and protect the society from such offences. In, 
State of Haryana v/s Bhajan Lal it was held that in a condition where there is an
information and that information must disclose a cognizable offence. And if any such
information before an officer satisfies the requirements of Section 154(1), the said police
officer has no other option except to enter the substance thereof in the prescribed form.
Cognizable and Non-Cognizable Offence

The cognizable offence has been defined in Section 2(C) of the Code, wherein a Police
officer can arrest without warrant. The offence is of serious nature and is a public wrong,
where the prosecution is done at the discretion of the state. Punishment is given with
imprisonment of 3 years or more and with or without fine. Example – Dowry, Rape, Murder,
etc.

Non Cognizable offence and case have been defined in Section 2 (l) of the Code, wherein
the police cannot arrest without warrant. The offence is less serious in nature and the
prosecution is done at the initiative of the parties. Punishment may be given not exceeding 3
years of imprisonment. Example – Assault, Forgery, Defamation, etc.
Information to the Police Officer

Section 154 of the code talks about when information is given as a cognizable offence. The
information must be given by the informant to the officer in charge of a police station in
writing or must be reduced into writing by the officer in charge of the police station. The
written information has to be read over to the informant and be signed by him, which is called
“First Information Report.” 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.

 After the information has been received by the police officer, he shall start his
investigation, provided he has reasons to suspect that a cognizable offence has been
committed
Sending a Report to the Magistrate (Section
158)

A report is sent to the Magistrate which is called the police report. It is sent by the superior
police officer, so as to make the Magistrate aware that a particular case is being investigated
by a police officer. The main objective of sending a report is to enable the Magistrate to
control the investigation and give directions if required under Section 159 of the Code.

The report should be sent to the Magistrate without any delay. In Swati Ram v. State of
Rajasthan, it was held that mere delay in sending the report does not throw away the
prosecution case in its entirety.
Order of Investigation by the Magistrate

 The Magistrate, under Section 159, has been empowered, if he feels necessary, after
receiving the report to direct investigation, or to conduct himself or direct a subordinate
Magistrate to hold a preliminary inquiry. And as held by the Supreme Court, the
Magistrate has no power to stop the investigation after it has started
Is there time duration fixed for Filing an FIR?
 We have already emphasized this fact that as far as possible and practicable, every FIR should invariably be filed
promptly, expeditiously and without wasting any time. There may be circumstances where some concession of time
must be given in filing the FIR But there must be cogent reasons for reasonable delay in filing the FIR under the
compelling circumstances. Judges with lot of wisdom and experience can use their discretion judiciously and in the
interest of justice in each and every case. However, no possible duration of time can be fixed for applying the test of
reasonableness to the lodging of an FIR as we have already explained. It depends upon facts and circumstances of
each case. The delay in lodging the FIR as such is not fatal in law if the prosecution substantiated the factual
difficulties encountered by the persons lodging the report
Judicial Trend FIR attaches to itself special significance. It is the earliest version of the crime on the basis of which
investigation commences. As such, it is the contemporaneous record containing a spontaneous narration of the crime by
the maker thereof before his memory fades or before he has time and opportunity to embellish or to introduce facts as a
result of confabulation and reflection. That is why, where there is any undue delay in lodging the FIR, reasonable
explanation should be elicited from the informant and incorporated in the FIR. Unexplained delay deprives the report of
the advantage of spontaneity. Criminal courts attach great importance to the lodging of prompt FIR because the same
greatly diminishes the chances of false implication of accused as well as that of informant being tutored. Undue or
unreasonable delay also incurs the danger of the FIR being tainted with afterthought concoctions or being distorted with
coloured version, as a result of deliberation or consultation. Dealy in making the report is suspicious circumstance
which puts the court on its guard to scrutinize the evidence with great caution.
Delay in lodging FIR can be of three types:
(1) Delay in lodging First Information Report by informant;
(2) Delay in recording First Information Report by the officer-in-charge of the police
station; (discussed in detail below).
(3) Delay in dispatching the First Information Report to the Magistrate. As to what
constitutes delay in lodging of FIR is a question of fact depending upon the peculiar
circumstances of each case.
No hard and fast rule can be laid down to determine as to which information is prompt and
which report is delayed. Distance between a police station and the scene of occurrence is not
the only factor to be considered in determining thequestion. There are variety of
circumstances which a court has to keep in mind in order to decide on the question of
promptness or otherwise as to the lodging of the first report, viz., the condition of the injured,
distance between the police station and the place of occurrence, means of communication,
ignorance on account of rustic simplicity, fear of miscreants, etc
Evidentiary Value of First Information Report:

The evidentiary value of FIR is very important than any other statements during the process of
cognizance of any offense or at the time of initiating the investigation about information recorded
as per Section 154 or 155 of CrPC. But at the same time the established principle of law that FIR
cannot be assumed as a substantive piece of evidence and can only be considered as an important
piece of evidence. The reason for which the FIR is regarded as an important piece of evidence is-
because of its nature that it is the first information of the cognizance of any offence, and it can be
of very important nature as it will help in the initiation of investigation about the offences.

 In, Pandurang Chandrakant Mhatre v. State of Maharashtra, it was seen that ‘it is fairly well
settled that FIR is not a substantive piece of evidence and it can be used only to impeach the
creditworthiness of the testimony recorded by the maker and it cannot be used for the purpose
of contradicting or discrediting the testimony of other witnesses’
The main reasons why FIR does not have any substantive evidentiary value:
Because the statements in the FIR are not made on oath.
Because the statements in the FIR are not made during the trial or at the time of proceedings.
Because the statements recorded in FIR has no cross-examination in the Court.
Because the statements recorded by the police officers are not admissible in court.

The reasons why FIR are treated as an important piece of evidence:

For corroborating the statements made by the person who recorded the FIR.
For cross-examination of the statements made by the person in the FIR.
For refreshing informer’s memory.
For impeaching the creditworthiness of the informer.
For the purpose of ascertaining the general facts like the identity of accused, witnesses, time of offenses
etc.
Certain exceptions, when an FIR can be used as a substantive piece of evidence
For the purpose of corroboration and contradiction the information of the
informant- Section 145 of Indian Evidence Act, talk about ‘A witness may be cross-examined as
to previous statements made by him for the purpose of contradicting him’. The scope of Section
145 is to deal with the methods of contradicting the information of the informer. Under Section
153(2) of the Evidence Act, a witness may be asked any question for the purpose of impeaching
his impartiality and permits oral statement to be used for contradiction. But the present Section
which is Section 145 of the Indian Evidence Act, only deals with the method of contradicting
previous statements of witness in writing by cross-examination. The rule will apply where a
witness is not a party to the suit and would not apply when a party to the suit is examining
himself as a witness.
Section 145 of Indian Evidence Act has basic principles which are- According to the first part- a
witness may be cross-examined as to the previous statement made by him in writing or is reduced
into writing without showing the writing to him or proving the same. And the second part is
intended to contradict him through cross-examination where the previous statement is in writing.
The main objective of this provision is either to test the memory of witness or to contradict him
by previous statements in writing.
In, Ram Chandra V. State of Haryana, the Supreme Court observed that the contents and
information of the FIR can only be used for the purpose of contradiction & corroboration the
facts stated by the informer or of any other witness.
Statements or information by the informant as dying declaration in FIR.
The word “Dying Declaration” means any statement is written or verbal of relevant facts
made by a person, who is dead or it is the statement of a person who had died explaining the
circumstances of his death.
The concept of dying declaration was evolved from a legal maxim, ‘nemo mariturus
presumuntur mentri’ i.e. a man will not meet his maker with a lie in his mouth. Although it
may sound impractical but our law has adopted this concept and functions accordingly.
Section 32(1) specifically deals with the concept of dying declaration in respect of a cause of
death and it is assumed that such statements are relevant even whether the person who made
them was not at the time when they were made.
In Uka Ram v. State of Rajasthan, the Apex Court defined dying declaration in a way that,
“when a statement is made by a person in the threat of his death or as to any circumstances
which cause threat or results into his death, and when the cause of his death comes in
question the statements made by him are admissible as evidence, such statement in law are
compendiously called dying declaration.”
Case study:
Lalita Kumari v/s Govt. of UP & Others, 2013

LalitaKumari v/s Govt. of UP & Others, 2013, was delivered by a five-judge bench of the Honourable Apex Court on
12th November 2013. In the present appeal, before the Supreme Court, the appellant Lalita Kumari has appealed against the
Government of UP through a writ petition under Article 32 of Indian Constitution.
Brief Facts
The present writ petition has been filed by Lalita Kumari through her father for the issuance of a writ of Habeas Corpus or
directions of like nature against the respondents herein for the protection of his daughter who has been kidnapped. The grievance
of the petitioner is that on 11.05.2008, a written report was submitted by the petitioner before the officer-in-charge of the police
station but the said officials did not take any action. Thereafter, when the Superintendent of Police was approached an FIR was
registered. But no course has been taken by the police authorities to apprehend the accused or recover the kidnapped daughter.
Issue before the Court
Whether a police officer is bound to register an FIR upon receiving any information relating to the commission of a cognizable
offence under section 154 of the Code of Criminal Procedure, 1973 or the police officer has the power to conduct a preliminary
inquiry in order to test the veracity of such information before registering the same?
Judgment

The following directions were issued by the Court-

(1)
Registration of FIR is mandatory under Section 154 of the Code if the information discloses
commission of a cognizable offence and no preliminary inquiry is permissible in such a situation
(2) If the information received does not disclose a cognizable offence but indicates the necessity for an
inquiry, a preliminary inquiry may be conducted only to ascertain whether cognizable offence is
disclosed or not
(3) If the inquiry discloses the commission of a cognizable offence, the FIR must be registered. In
cases where preliminary inquiry ends in closing the complaint, a copy of the entry of such closure must
be supplied to the first informant forthwith and not later than one week. It must disclose reasons in brief
for closing the complaint and not proceeding further.
(4) The police officer cannot avoid his duty of registering offence if the cognizable offence is
disclosed. Action must be taken against erring officers who do not register the FIR if the information
received by him discloses a cognizable offence.
(5) The scope of preliminary inquiry is not to verify the veracity or otherwise of the information
received but only to ascertain whether the information reveals any cognizable offence.
(6) As to what type and in which cases preliminary inquiry is to be conducted will depend on the facts and
circumstances of each case. The categories of cases in which preliminary inquiry may be made are as under:
Matrimonial disputes/ family disputes
Commercial offences
Medical negligence cases
Corruption cases
Cases where there is abnormal delay/laches in initiating criminal prosecution, for example, over 3 months
delay in reporting the matter without satisfactorily explaining the reasons for the delay.
(7) While ensuring and protecting the rights of the accused and the complainant, a preliminary inquiry
should be made time bound and in any case, it should not exceed 7 days. The fact of such delay and the
causes of it must be reflected in the General Diary entry.
(8) Since the General Diary/Station Diary/Daily Diary is the record of all information received in a police
station, we direct that all information relating to cognizable offences, whether resulting in registration of FIR
or leading to an inquiry, must be mandatorily and meticulously reflected in the said Diary and the decision to
conduct a preliminary inquiry must also be reflected, as mentioned above.