Mirza Mohammad Rifat.:First Information Report (FIR).

Introduction

Essentially both FIR and complaint are means of receiving the information of the crime. FIR and complaint are the most essential and beginning points of the jurisprudence of the criminal justice of administration.

First Information Report

The provisions regarding the first information report are contained in the chapter (6) U/S 154 of the code. This chapter deals with information to the police and their powers to investigate.

FIR is basically an abbreviation for First Information Report. It is a written document recorded or registered by the police when they receive any sort of information about the commission of a cognizable offence. Anyone can report the commission of a cognizable offence either orally or in writing to the police. Even a telephonic message can be treated as an FIR. An FIR is lodged to set the process of criminal justice in motion.

Who can file the FIR.

The following persons may file an FIR

1.   The victim or any person on behalf of the victim;

2.   Any person who is a witness to the crime or has heard of the crime;

3.   An officer in-charge of a police station.

So even if you have heard about the commission of a crime then - you can directly approach a police station and file a FIR, mentioning the source from where you heard of the crime. You may either give a written statement or make an oral statement to the officer in-charge who will then write it down in FIR register

FIR is important document in criminal cases

It is the earliest record of the alleged offence. F.I.R. is a very valuable document. It is of utmost legal importance, both from the point of view of the prosecution and the defense. F.I.R. constitutes the “foundation” of the case. FIR is not in the nature of a formal charge. It is just information in point of time about the commission of a cognizable offence. So FIR can not use as a substantive evidence and no judgment can not be passed on the basis of it.  

What is recorded in the FIR?

FIR in a cognizable offence has to be registered by a Sub-Inspector and in his absence by the senior most official in the police station. The following details are recorded:

1.  The date and hour of occurrence of offence - (or approximate time and dates)
2.  Date and hour when reported
3.  Place of occurrence, its distance from police station
4.  Name and address of the complainant
5.  Name and address of the accused
6.  A brief description of the actual offence
7.  Details of property stolen in case of theft
8.  Section of law which applies to the offence
9.  Signature of the complainant on all pages
10.  What traces were left by the accused?

What is the procedure of filling FIR?

The procedure of filing an FIR is prescribed in Section 154 of the Code of Criminal Procedure, 1898. It is as follows:

1.          When information about the commission of a cognizable offence is given   orally, the police must write it down.

2.          It is your right as a person giving information or making a complaint to demand that the information recorded by the police is read over to you.

3.          Once the police have recorded the information in the FIR Register, the person giving the information must sign it.

4.          You should sign the report only after verifying that the information recorded by the police is as per the details given by you.

5.          People who cannot read or write must put their left thumb impression on the document after being satisfied that it is a correct record.

6.          Always ask for a copy of the FIR, if the police do not give it to you.

7.          It is your right to get a copy of FIR free of cost.

Essential or Ingredients of an  F.I.R.

First information report containing information about the commission of a cognizable offence. It is a very important document in a Criminal case but it is not referred to as such in the Criminal Procedure Code. The important characteristic requirements of an F.I.R. are-

(a) That the information should be the first in point of time;

(b) It should be an information definite and responsible and not merely rumor or village gossip or hearsay of an indefinite variety;

(c) It must have been given to an officer-in-charge of a Police Station.

(d) It should relate to the commission of a cognizable offence.

(e) It should be the information which set the Police on their investigation in the particular case.

(f) It should be given in writing or should be reduced to writing.

(g) It should have been read over to the person who made it and it should be signed by such person;

(h) It should be entered in a book kept for the purpose.

Duties of the Police officer regarding FIR.

The officer in charge of a police station is statutorily bound to register a case on the basis of an FIR with regard to cognizable offence and then to proceed with investigation if he has reason to suspect the commission of an offence. This is the mandate of section 154(1) and he can not embark upon an inquiry as to whether the information laid by the informant is genuine and reliable. If the officer in charge of a police station refuses to register a case on the basis of an FIR, the aggrieved person has a right to complain to the Superintendent of police.

For violation of any statutory duty by any police officer complained can be lodged U/S 42 of the Police Act 1861. Penalty for violation of any of the statutory or regulatory duty by any police officer is 3 month imprisonment in the maximum.

According to Section 154 of the Cr.pc 1898

Every information relating to the commission of an cognizable offence if given orally to an officer in charge of a police station shall be reduce in writing by him.

According to Section 155 of the Cr.pc 1898

When information relating to the commission of a non cognizable offence is given to an officer in charge of a police station with in the limits of such station, he shall enter in a book and refer the informant to the Magistrate. If any police officer receiving order from a Magistrate of first or second class may exercise the same powers  in respect of investigation as officer in charge of a police station.

                                                                                       

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