First Information Report | Criminal Law - CLAT PG PDF Download

First Information Report (FIR)

Definition and Purpose of FIR

• An FIR is the initial report recorded by the police regarding the commission of a cognizable offense. It serves as the basis for initiating an investigation into the alleged crime.
• The primary objective of filing an FIR is to set the criminal law in motion and enable the police to commence their investigation promptly. The FIR is a vital tool for gathering evidence and establishing the facts surrounding the alleged offense.

Essential Conditions of FIR 

• According to the case of Moni Mohan v. Emperor AIR 1931 Cal, certain essential conditions must be met for an FIR to be considered valid:
• Piece of Information:  The FIR must constitute a piece of information regarding the alleged offense.
• Written Format:  The FIR should be in writing. If the information is provided orally, it should be reduced to writing by the concerned police officer.
• Cognizable Nature:  The main act or crime reported in the FIR must be cognizable in nature. Subsequent acts or crimes are not the focus of the FIR.
• Complaint or Accusation:  The FIR should be in the form of a complaint or accusation, with the intention of triggering legal action.

Procedure for Recording FIR in Cognizable Cases 

• When information is received under Section 154 of the CrPC, it is termed as an FIR. The procedure for recording information in cognizable cases under this section is as follows:
• If the information is given orally to the officer in charge of a police station, the concerned police officer must reduce it to writing. The written information should then be read over to the informant and signed by them.
• The recorded information must be entered into a book authorized by the state government for this purpose.
• A copy of the recorded information should be provided to the informant free of charge.
• If the officer in charge refuses to record the information, the aggrieved person has the right to send the substance of the information to the Superintendent of Police. If the Superintendent of Police is satisfied about the commission of a cognizable offense, they may either investigate the case themselves or direct a subordinate police officer to do so.
• When the information is provided by a woman regarding offenses specified under certain sections of the Indian Penal Code (IPC), such as 326-A, 326-B, 354, 376, etc., the statement must be recorded by a woman police officer or any woman officer.

What Constitutes Information in an FIR? 

• Information considered in an FIR must pertain to the commission of a cognizable offense. It is not necessary for the information to include every detail of the case or even the name of the accused. What is essential is that the information discloses the commission of a cognizable offense.
• Information received in the following scenarios does not qualify as an FIR:
• Information received after the investigation has already commenced.
• Telephonic information, unless provided by a known person who identifies themselves and includes all necessary facts constituting an offense, and such information is documented by the Station House Officer (S.H.O).
• Information regarding a mere gathering of individuals without any specific offense.
• Indefinite, vague, or unauthorized information.

Evidentiary Value of FIR 

• An FIR is not considered a substantive piece of evidence, meaning it cannot be taken as evidence of the facts stated within it. However, an FIR can be utilized for various purposes, such as:
• Corroborating an informant witness under Section 157 of the Evidence Act, but not for contradicting or discrediting other witnesses.
• Contradicting an informant witness under Section 145 of the Evidence Act.
• Impeaching the credit of the maker under Section 155(3) of the Evidence Act.
• A non-confessional FIR made by an accused can be used as an admission against them under Section 21 of the Evidence Act.
• An FIR can be treated as a dying declaration as substantive evidence if it relates to the cause, occasion, circumstances, and facts leading to the informant's death, as per Section 32(1) of the Evidence Act.
• If the accused themselves lodge the FIR, it cannot be used for corroboration or contradiction, as the accused cannot be a prosecution witness and rarely offers themselves as a defense witness under Section 315 of the Code.

 Delay in Filing FIR 

• Timely filing of FIR is crucial to gather fresh information about the circumstances and facts surrounding the commission of the offense. Prompt recording of FIR enhances its corroborative value and prevents memory lapses of the informant.
• Delay in lodging FIR, if unreasonable and unexplained, may raise suspicion or suggest concoction by the prosecution. It is the prosecution's responsibility to explain any delay in lodging FIR. If satisfactorily explained, the FIR retains its evidentiary value. However, mere delay in lodging FIR is not detrimental to the prosecution's case.