First Information Report (FIR) under CrPC: A Comprehensive Guide with Case Laws

By Saumya Sudarshini

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Introduction

Meaning and Definition

Whenever we see any crime happening around us and we want to prevent or stop that crime, as responsible citizens and human beings it is our duty to inform the police authority, so that such crime(s) ceases or does not happen in the future. For this, we have to report that crime in the police station which involves registering a First Information Report (FIR).

The Code of Criminal Procedure (CrPC) does not define the term “First Information Report.” The term is mentioned in Section 207 of the CrPC, which mandates that the Magistrate must provide the accused a copy of the First Information Report recorded under Section 154(1) of the Code. The First Information Report containing information on the cognizable crime is the report that the police first records with respect to the commission of a cognizable offense.

FIR may be described as follows:

  1. It is information that was provided to the policeman.
  2. Information must be related to an offense that is cognizable.
  3. It is information that was initially reported at the appropriate time.
  4. The person who committed the cognizable offense, or someone acting on their behalf, informs the police and files a report.
  5. This material serves as the foundation for the investigation. The FIR needs to be written down.

In the case of State of Rajasthan v. Shiv Singh, the Rajasthan High Court defined a First Information Report as ‘the statement of the maker of the report at a police station before a police officer recorded in the manner provided by the provisions of the Code.’

In the case of T.T. Antony vs. State of Kerala & Ors, it was held that “Information given under sub-section (1) of Section 154 of CrPC, is commonly known as the First Information Report (FIR), though this term is not used in the Code….and as its nickname suggests, it is the earliest and the first information of a cognizable offense recorded by an officer in charge of a police station”.

Section 154 of CrPC, 1973 deals with provisions relating to FIR. The section states that –

  1. “Every information relating to the commission of a cognizable offense, if given orally to an officer in charge of a police station, shall be reduced to writing by him or under his direction, and be read Over to the informant; and every such information, whether given in writing or reduced to writing as aforesaid, shall be signed by the person giving it, and the substance thereof shall be entered in a book to be kept by such officer in such form as the State Government may prescribe in this behalf.
  2. A copy of the information as recorded under sub-section (1) shall be given forthwith, free of cost, to the informant.
  3. Any person aggrieved by a refusal on the part of an officer in charge of a police station to record the information referred to in subsection (1) may send the substance of such information, in writing and by post, to the Superintendent of Police concerned who, if satisfied that such information discloses the commission of a cognizable offense, shall either investigate the case himself or direct an investigation to be made by any police officer subordinate to him, in the manner provided by this Code, and such officer shall have all the powers of an officer in charge of the police station in relation to that offense.”

FIR is filed only when a cognizable offense is committed and the police conduct an investigation. In the case of a complaint, the police do not conduct an inquiry until and unless a competent authority directs them to.

FIR, therefore, serves as a crucial document in a case; in fact, it may be said to be the case’s primary piece of evidence as it gives an in-depth summary of the relevant facts and details. There have been many decisions made about FIRs, but in this paper, the researcher will frame some significant, innovative decisions that have raised the level of concern in that regard.

The police officers’ investigation journey formally commences with the submission of the FIR. The police officers investigate for evidence and potential eyewitnesses who could attest to the commission of the offense while undertaking their investigation. It is crucial that the person registering an FIR does not provide false information with the goal of diverting justice. An FIR is essential paperwork that initiates legal actions by giving important details about the offense done or the person who did it. It can be a crime, a public issue, or both. This document is essential in providing police officers the guidance they need to conduct the investigation appropriately. Both parties to the complaint must have access to this document.

Important elements of an FIR

  • It is information on the commission of a crime that is punishable by law;
  • The informant delivers it either orally or in writing;
  • If it is delivered orally, it should be changed to writing by the police officer in charge of the station or anyone acting under his supervision, and it is required to be signed by the person giving it if it is given in writing or reduced to writing;
  • The information’s substance must be recorded in a book using the format that the State Government may specify in this regard. ‘General Diary’ is the heading of this book.
  • There must be some kind of complaint or allegation regarding the commission of a cognizable offense for the information to qualify as an FIR.

The importance of FIR

The main goal of the F.I.R. is to stimulate the criminal justice system and gather data concerning alleged criminal activities so that suitable action can be taken to find and apprehend the guilty. Thus, Section 154 has three objectives, namely:

  1. To inform the District S. P. and the Magistrate, who are in charge of safeguarding district peace and safety, of the violations reported at the police station;
  2. To provide to the judicial officers who will ultimately hear the case the information provided immediately following the incident and the materials used to launch the inquiry,
  3. To protect the accused from further alterations or additions.

Who can file an FIR?

Any person who observed or knows of the commission of a cognizable offense may register an FIR.

Steps for Filling FIR

We must get in touch with the local police department as soon as a cognizable offense is committed or a suspect is taken into custody. There must be no delay in submitting the FIR; it must be done right away. If it is delayed due to some circumstance, we must offer a plausible explanation. 

The police officer must be informed in detail of what the informant knows or sees. We have the option of speaking or writing about the occurrence. However, the police officer is required to decrease it in writing.

The informant must hear the report again before signing it. We must verify the report’s veracity before we sign it.

Types of FIR

  1. False FIR

Any false information given by someone with ill intention to defame another or harm another’s reputation is punishable.

  1. Second FIR

The second FIR is a consecutive FIR filed after the information on the commission of a cognizable offense has also been given to the police officer under Section 154 CrPC.

  1. Zero FIR

A zero FIR can be registered in cases of cognizable offenses that require the immediate action of the police. It can be registered at any police station, irrespective of jurisdiction.

  1. Cross FIR

A cross FIR is filed by the parties to a case against one another for the same incident.

Case Laws Highlighting the Importance of FIRs

  1. Lalita Kumari v. Government of UP, 2013

Brief Facts

Bhola Kamat, the father of Lalita Kumari, filed a writ petition in this case with the Supreme Court in compliance with Article 32 of the Indian Constitution. The minor daughter of Bhola Kamat was Lalita Kumari. Her father filed a FIR at the closest police station after she was kidnapped. Even after filing the FIR, the police did nothing to try to track down Lalita Kumari. A five-judge Constitution Bench heard the matter. The Supreme Court looked at the conditions that must be met in order to file a FIR in accordance with Section 154(1) of the Code. The Court established standards for the process associated with the registration of FIRs and made an effort to differentiate between cognizable and non-cognizable offenses.

  • Issues involved in the case

The main issues were the scope, applicability, and obligation of the police while registering an FIR.

  • Judgment

The Supreme Court held that the provisions of Section 154(1) of the Code must be rigorously followed. To decide whether the nature of the offense is cognizable or not, the police must first undertake an investigation. Upon completion of the preliminary investigation, the informant must be informed within seven days whether or not the FIR should be filed. If not, an explanation must be given.

  • Siddharth Vashish @ Manu Sharma V. State NCT Delhi, 2010

Brief Facts

In this case, Delhi restaurant visitor Jessica Lal, a model, was discovered shot to death. Jessica Lal was shot by the petitioner after she declined to give him additional liquor; she died as a result. Manu Sharma was able to get away from the situation, but he later came under investigation for the crime he committed. There were numerous witnesses who attested to Manu Sharma’s presence at the crime site, which happened at Qutub Colonnade. The Mehrauli Police Station’s receipt of the telephonic/wireless message served as the basis for the prosecution’s case. The communication was used as support. In the initial trial, Manu Sharma was declared not guilty, but the Delhi High Court later reversed that ruling and found him guilty of the offenses. He then appealed his conviction to the Supreme Court as a result.

  • Issues Raised
  • Whether the prosecution was successful in proving all of the defendants’ convictions beyond a reasonable doubt.
  • How justified was it for the trial court to clear everyone who had been charged?
  • Was the High Court’s order enforceable?

Judgment

The Supreme Court decided in this case that phone conversations made immediately following the offense that qualifies as telecommunication or wireless communication—i.e., an FIR—must be proven to be clear and unambiguous. The calls made to police to merely get them to the crime scene, however, may not always constitute an FIR. As a result, the Supreme Court upheld the Delhi High Court’s judgment.

  • Tehal Singh and Ors. v. State of Punjab, 1978

Brief Facts

In this case, the police officer received a telephone contact, and the court reviewed the factors that must be taken into account for this information to be considered an FIR under Section 154 of the CrPC. Tehal Singh was charged with attacking and killing Pirthi Singh as a result of a series of circumstances. Pirthi Singh, they alleged, had provoked them, but that was not seen as a part of the same exchange. Tehal Singh said that he and his friends were unjustly accused of being involved in this crime and that all of his actions were motivated by self-defense.

  • Issue Raised

Whether the telephonic conversation meets the criteria of an FIR or not?

  • Judgment

According to the Punjab and Haryana High Court, telephonic contact cannot be considered a FIR unless certain requirements are completed. The Court emphasized that in order for the information provided by the informant to constitute an FIR under Section 154 of the CrPC, it must be put into writing. Furthermore, a Supreme Court appeal was submitted. The High Court’s ruling was upheld by the Supreme Court, which also rejected the appeal. The decision of the session court was upheld by the High Court after the Supreme Court found no errors in it.

Conclusion

The FIR serves as the foundation for the entire justice delivery system. It is a very important document in any criminal case. The criminal investigation has officially begun. An FIR is a crucial document for the start of the inquiry and can be registered in a few easy steps. An FIR is the Bible of the case initiated on the public record, as was correctly noted in the Mohan Lal v. State of Uttar Pradesh (1988) case. Every citizen must therefore be aware of their rights in relation to an FIR.

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