All about First Information Report (FIR)

 

All about First Information Report (FIR)

The First Information Report commonly known as FIR, this is basically the first stage to bring criminal law into motion that is to say if you have to report any crime the first information of such crime is to be given to the police in-charge of the nearest police station, here it is recorded, this FIR lodged is said to be the tool on which the officer-in-charge of the police station can base and start the investigation.

Section 154[1] of the Criminal Procedure Code,1973 (hereinafter referred to as CrPC),  makes it clear that an FIR can be registered in cognizable offenses only.

What are cognizable offenses?   

Cognizable crimes are those offenses in which a police officer can arrest an accused without a warrant. Due to the nature of gravity involved in the offences, police authorities can arrest without a warrant under CrPC. The classification of cognizable and non-cognizable offences is furnished under the first schedule of CrPC.

So, if a crime is of non-cognizable in nature, we cannot report it to the police officer?

No, even if the crime is of non-cognizable nature, we can go it to report to the police officer-in-charge of the police station and that crime is to be recorded in a separate book/diary and this is called as “Non-Cognizable Report (NCR)”. It is the duty of respective officer to identify the nature of the crime and record as FIR or NCR as the case may be.

Who can lodge/file FIR?

In Hallu & Ors. vs. the State of M.P, it was held that “Section 154 does not require that the Report must be given by a person who has personal knowledge of the incident reported.

For more clarity following persons can lodge an FIR:

1) By an 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 in 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 diary and go to hospital for recording detailed statement of injured.

Where FIR should be filed?

Normally, FIR should be filed in the police station of the concerned area in whose jurisdiction the offence took place.

But let’s assume accused somehow managed to run away to save himself from the crime, so is it needed to go back to the police station of the concerned area to lodge the FIR?

The Answer is no, FIR can also be lodged at any police station, it need not be the police station of the area where the actual crime was committed, and the Officer-in-charge of the police station is bound to register the FIR and then the FIR can be transferred to the police station of the respective area where the investigation is to be taken place.

How to lodge an FIR?

The process of filing an FIR is very simple. It is as simple as narrating a story to the police. The informant has to visit the police station (ideally near the crime scene) and furnish all the information he/she has pertaining to the commission of an offence. Section 154 of the CrPC gives a choice to the informant to furnish information orally or in writing. If the information is disclosed orally then, the report must be reduced to writing by the police officer himself or under his direction. The report must be read out to the informant. Every report whether reduced to writing or submitted in written form, shall be signed by the informant.

Procedure of filing FIR

Section 154 of the Criminal Procedure Code, 1973 lays down the procedure for lodging an FIR-

Written Form: the information about the commission of a cognizable offence is narrated orally and the police is duty bound to write it down.

Read Over: the person giving the information or making a complaint, should be read over that the information recorded by the police.

Verification: one should sign the report only after verifying that the information recorded by the police is as per the details narrated.

Signature: once the information has been recorded by the police, it must be signed by the person giving it, in case the people who are unable to read or write are expected to put their left thumb impression on the document after being satisfied that it is recorded correctly.

Copy of   FIR: person filing a   FIR has the right of getting a copy of FIR  free  of   cost.

 

Objective of FIR: 

The objectives of filing an FIR are stated as below:

(1) To reduce the substance of data given of a cognizable offense ,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. 

Essentials of FIR: 

The essential conditions to be known while reporting/recording information are:
1. What information needs to be conveyed?

2. In what capacity the crime happened?

3. Who committed the crime?

4. Against whom the crime was committed?

5. When was the crime initiated?

6. Where did the crime take place?

7. What was the motive behind?

8. The way of occurrence, if any

9. Witnesses, if any.

10. If anything was taken away?

11. What traces were left by the accused?

 12. Any causality, if at all.

What is the EVIDENTIARY Value of FIR

FIR is not a substantive piece of evidence (with few exceptions), but can be used for:

1. Corroboration

2. Contradicting the evidence of person giving the information

3. As an admission against the informer.

4. To refresh memory.

5. Impeaching the credit of an informer.

6. Proving the informer’s conduct.

7. Establishing identity of accused, witnesses & for fixing spot time as relevant facts.

FIR as a Substantive piece of Evidence

1.When in form of dying declaration- that is when a person deposing about the cause of his death had died. 

2.When the injured makes a statement to the SHO saying that accused was injuring him or/and when the injuries are being caused in the SHO’s presence.

3.When it becomes difficult for the informer who has written the FIR or read it ,to recall those facts but is however, sure that the facts were correctly represented in FIR at the time he wrote it or read it.

Information given through a telephone, would constitute a valid Fir or not?

The Hon’ble Supreme Court of India in Manu Sharma vs State (NCT of Delhi) held that “Phone calls made immediately after an incident to the police constitutes an FIR only when they are not vague and cryptic.

But it is not straight jacket formula, because also it has been held by the various Hon’ble Courts that a telephonic conversation is generally made with an intention to gather police at the crime scene. In such case, the telephonic information given by the informant to the police officer would not amount to registration of an FIR.

What if, the police refuses to lodge FIR?

Sometimes the refusal to lodge an FIR is legitimate and justified, it depends upon the reason because of which the police officer refuses to lodge the FIR. If the police officer refuses because the case deals with an information which is non-cognizable in nature or it is outside their legal capacity to take cognizance of such an offense,

But if an FIR cannot refused on the ground of jurisdiction, it is mandatory for the police officer to record information about the commission of a cognizable offense and forward the same to the police station having proper jurisdiction. Otherwise, it would amount to dereliction of duty.

Statutory Remedy

1.    Under section 154(3) CrPC – When an informant’s right to register an FIR is refused, he/she can approach the Superintendent of Police and submit the substance of such information in writing by post. If the Superintendent of Police is satisfied that such information discloses the commission of a cognizable offense then, he might investigate the case himself or direct an investigation to be made by any police officer subordinate to him.

2. Under section 156(3), read with section 190 CrPC – If an informant remains unsatisfied even after pursuing the remedy under section 154(3), he/she can further pursue the remedy mentioned under section 156(3) read with section 190 CrPC.
3. Under section 200 CrPC – A complaint can be submitted to the magistrate orally or in writing under section 200 of the CrPC. After the submission of a complaint, the magistrate will conduct a hearing, deciding upon the issue of cognizance. In this channel, the complainant and the witnesses thereof are examined on oath in front of the magistrate.

Judicial Remedy

Mandamus is one of the prerogative writs issued by the superior Courts (High Court or Supreme Court), which is in the form of a command to the State, its instrumentality or its functionaries as the case may be,  to compel them to perform their constitutional/statutory/public duty. Hence, a writ of mandamus can be filed under Article 226 or Article 32 of the Constitution of India, directing the police officials to perform their duty and register an FIR. 

Going through Judicial Remedy before the Statutory Remedy, is it just

It is an alternative remedy and it is nowhere expressly mentioned that a writ petition cannot be filed if there exists an alternative remedy.

Although, the practice settled in various High Court’s and Supreme Court’s decisions, is to determine for substantive remedies initially and then if police officers do not take the desired actions then it is advisable to opt for the judicial remedy, this reduces unnecessary burden of pendency of suit in the courts.

Following are some cases for reference

• Sakiri Vasu Vs. State of U.P
• Mamta Prajapati v. State of Madhya Pradesh 
• Aleque Padamsee and others Vs. Union of India and others,
• Sudhir Bhaskar Rao Tambe Vs. Hemant Yashwant Dhage and Ors

 

Conclusively, First Information Report is the first right available to the victim or the informant to report any crime at its initial stage, so that any alien intrusion into your fundamental right of living a dignified life can be stopped at the initial stage and any crime can be reported and barred at very first sight. Also the citizens should have full knowledge about the right of lodging FIR available to them.

Because “ignorantia juris non-excusat – it means, ignorance of law is no excuse, in other words every citizen is expected to know about the law of land”