First Information Report and Its Scope
First Information Report and Its Scope
First Information Report and Its Scope
SCOPE
INTRODUCTION
FIR is the abbreviated form of the First Information Report.
The word First Information Report has not been defined in the
Code of Criminal Procedure. It is the information which is given
to the police relating to the commission of a cognizable offence
and Section 154 of the Code provides for the manner in which
such information is to be recorded. The principal object of the
FIR is to set the criminal law in motion. Cognizable offence
means the offence in which the Police may arrest a person
without a warrant. They are authorized to start investigation
suo motto into cognizable cases and do not require any
investigations from the Court as required in non- cognizable
offences.1F.I.R is a very valuable document. It is of utmost legal
importance, both from the point of view of the prosecution and
the defence. It constitutes the foundation of the case in the
first instance and whole of the case is built on it. If the
foundation is weak, the prosecution case will tumble down.
OBJECT OF FIR
The principal object of the first information report from the
point of view of the informant is to set the criminal law in
motion and from the point of view of the investigating
authorities is to obtain information about the alleged criminal
To set the law in motion FIR is lodged with a view to setting the
investigative process in motion and not for the purpose of
setting down on paper all known facts and circumstances about
the incident.4 It does not constitute substantive evidence it can,
however, be used as a previous statement for the purpose of
corroboration or contradiction of its maker under Section 157 or
Section 145 of the Indian Evidence Act. It can be no means be
utilized or discrediting other witnesses. FIR is not a condition
precedent for setting up the criminal law in motion. The
statement of the wife of the deceased was taken as an FIR in
the case.5
3 Rattanlal and Dhirajlal, The code of criminal Procedure, Pg. No. 474.
5 Sadre Alam Mullick Appellant v. State Respondent, 1977 CrLJ 2441 (2442).
4
10 Kelkar 129
12 (2014) 2 SCC 1.
6
The mere fact that the FIR was scribed by another person and
signed by the victim as grievously injured, he was admitted in
the hospital and having treatment as in-patient, would not lead
the Court to hold that the informant had not lodged FIR. 20
19 (2014) 2 SCC I.
The legal position is that there can be no two FIRs against the
same accused in respect of the same offence. But if there are
revival versions of the incident of two FIRs, then two FIRs are to
be recorded and the investigation in respect of those FIRs can
be undertaken.24
But the two FIRs on the same incident is not prohibited by the
code and the police is not justified in refusing to record the
second FIR. In such a case, the Magistrate can direct the police
to investigate also the second FIR.25
25 Upkar Singh v. Ved Prakash, AIR 2004 SC 4320: (2004) 13 SCC 292: 2005 SCC
(Cri) 211: 2004 CrLJ 4219.
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the crime should file an F.I.R. Any police officer who comes to
know about the commission of the cognizable offence can file
an F.I.R. himself or herself. In other words, any person can file a
F.I.R:-
Hence, it is evident that FIR can come from any quarter. Even
an anonymous letter sent reporting a cognizable offence may
be treated as FIR. It need not be lodged by the eye-witness
alone and it is not necessary that the informant had personal
knowledge of the crime.26
FIR by accused
26 S C Sarkar : The Law of Criminal Procedure (Allahabad law agency) pg. 880.
When the informer who has written the FIR or read it, fails
to recall memory those facts but is, sure that the facts
were correctly represented in FIR at the time he wrote it or
read it.
DELAY IN F.I.R.
It is well settled that the delay in giving the FIR by itself cannot
be a ground to doubt the prosecution case. Knowing the Indian
conditions as they are, it is not wise to expect from villagers
that they would rush to the police station immediately after the
occurrence. Human nature as it is, the kith and kin who have
witnessed the occurrence cannot be expected to act
mechanically with all the promptitude in giving the report to the
police. At times being grief-stricken because of the calamity it
may not immediately occur to them that they should give a
report. After all it is bit natural in these circumstances for them
to take some time to go to the police station for giving the
report. Unless there are indications of fabrication, the Court
cannot reject the prosecution version as given in the FIR and
later substantiated by the evidence merely on the ground of
delay.34In view of the series of clashes which took place on that
day, it could not be held that there was undue and unexplained
delay in giving the FIR.
Law has not fixed any time for filing FIR, as such a delayed FIR
is not illegal. A mere delay in lodging of FIR cannot be a ground
by itself for throwing the entire prosecution case abroad. The
Court has to seek an explanation for delay and test the
truthfulness and plausibility of the reason assigned. If the delay
is explained to the satisfaction of the Court, it cannot be
counted against the prosecution. Where eye-witnesses are
reliable and trustworthy, mere delay in filing FIR would be no
ground to discard the entire prosecution case. Mere delay in
lodging the FIR would not be fatal in the case where
substantive evidence of PWS regarding the involvement of the
accused persons in the commission of the crime is otherwise
reliable and convincing.
CONCLUSION
BIBLIOGRAPHY
Bare Act: The Code of Criminal Procedure, 1973.
Durg Das Basu: Criminal Procedure Code (in 2 volumes),
4th Edition, 2010.
N.D. Basu: Commentary on Criminal Procedure, 9 th Edition,
2001.
K.N. Chandrasekharan Pillai: R.V. Kelkars Criminal
Procedure, Eastern Book Company, Lucknow, 2014.
Ratanlal and Dhirajlal: Criminal Procedure Code, Wadhwa
and Co. Nagpur, 19th Edition 2014
S C Sarkar : The Law of Criminal Procedure, Dwivedi Law
Agency,2nd (Reprint), 2010,
Woodroffe: Commentaries on Code of Criminal Procedure,
2 vols. 3rd Ed., 2009.
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