This article has been written by Adv. Aniket P. Kamtam, a 2nd Year MBA-LAW Student from SVKM’s NMIMS SBM College, Vile Parle West. 

 

What is F.I.R? 

No were in the statute there is the mention of First Information Report (F.I.R). But in general it is common Pronunciation for the First or Earliest information about the Cognizable offence committed by whomsoever known or unknown by name or by identity. As per P. Ramanatha Aiyar’s Concise Dictionary F.I.R means First report of the alleged offence lodged with the police. 

Now were does this word derive its sprit under statute! It derives from Section- 154 of CrPC.

What is Section 154 of CrPC?

154. Information in cognizable cases.

1. Every information relating to the commission of a cognizable offence, 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 (Daily Diary Report) 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 offence, 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 offence.

(Above mentioned Section has excluded the latest amendment of 2013 & 2018 for the simple explanation)

Now let’s breakdown this section in one line statements. 

(a). The commission of offence shall be cognizable then only the Information can be termed as FIR. 

(b). It has to be given to the Police officer, orally and he shall reduce that in writing as verbatim. And it has to be readout to the informant/victim. If information is given in writing then it has to be again reduced to writing verbatim. Police officer includes above the post of Constable/Head Constable/ Naib Constable and below the post of superintendent/assistant- superintendent / deputy- superintendent. That means any officer posted in the rank of Inspector.   

(c). All the information reduced in writing by officer shall be signed by the informant. And also record the writing in the Daily Diary Report/Record of the Concerned Police station.  

The information can be given in any police station throughout India irrelevant of the Crime spot or victims Residence. But it has to be as Zero FIR. That means you FIR doesn’t has its Alpha-Numerical Identity but it has to be carried to the right police station having jurisdiction for implementing it.

(d). In India the National Crime Record Bureau (NCRB) has made a standard form of FIR proforma for throughout India. But it can be amended by addition and not Exclusion of any item in that proforma, by the state police as per the local needs, like translate it in local language. NCRB website has the Downloads Tab in its footnote were we can get the Proforma of FIR in Option of Integrated Investigation Report. (i) https://ncrb.gov.in/en/downloads-0  (ii) https://ncrb.gov.in/sites/default/files/IIF.pdf  under this Integrated Investigation Form (IIF) till page 14 (IIF 1 to IIF-4) everything is termed as part of FIR by police in the day to day Practice. This Integrated form gives you the complete exhaustive items to be the element of FIR. 

(e). It is the Fundamental Right of every Informant to receive the copy of F.I.R for free of Cost.

(f). If any police officer denies the informant to record the information to reduce in writing then, that informant can send by post or record the information before the superintendent. And then he can himself investigate the cognizable offence or direct any Inspector to do so. 

 

First Information Report (FIR) – Object and Contents Thereof: 

Primary object is to set the criminal law into motion and it may not be possible to give every minute detail with unmistakable precision in the F.I.R. F.I.R itself is not the proof of a case, but it is a piece of evidence which could be used for corroborating the case of the prosecution. FIR need not be an encyclopedia of all the facts and circumstances on which the prosecution relies. It only has to state the basic case. [1]

Elements of F.I.R

FIRST INFORMATION REPORT (Under Section 154 Cr.P.C.)

1. District………………….…… P.S. …………………..……… Year…….……… FIR No. (Can be Zero F.I.R) ………………….. Date…………..…….
2. (i) Act ……………………………………………………. Sections.…………………………………………………………………………. 

(ii) Act ………………………………………………..…… Sections……………………………………………………………..……….

(iii) Act ………………………………………………..…… Sections …………………………………………………………….…. (iv) Other Acts & Sections ………………………………………………………………………………………………………..… 

3. (a) Occurrence of offence: Day……………….. Date from………..……….. Date to………………….………                         Time Period………………… Time from………………….. Time to……………………….…

(b) Information received at P.S.: Date…………………………… Time…………………………….. 

(c) General Diary Reference: Entry No. ………………………………..……… Time …………………………… 

4. Type of Information:                                                     Written / Oral
5. Place of Occurrence: 

(a) Direction and distance from P.S (Police Station) ……………………………. Beat No. ……………………………………

(b) Address…………………………………………………………………………………………………………………..………………… 

(c) In case, outside the limit of this Police Station, then Name of P.S……………………. District………………….. 

6. Complainant / Informant:

(a) Name………………… 

(b) Father’s/Husband’s Name…………………….. 

(c) Date/Year of Birth……………. 

(d) Nationality………………… 

(e) Passport No. …………………. Date of Issue …………..….. Place of Issue ………………………………………………….

(f) Occupation………………………………………………………………………………………………………………………………. (g) Address……………………………………………………………………………………………………………………………………

7. Details of known/suspected/unknown accused with full particulars: (Attach separate sheet, if necessary) 

(1) …………………………………………………………………………………………………………………………………………..…..

(2)………………………………………………………………………………………………………………………………………………..

(3)……………………………………………………………………………………………………………………………….……………….. 

8. Reasons for delay in reporting by the complainant /informant …………………………………………………………….
9. Particulars of properties stolen (Attach separate sheet, if necessary ……………………………………………………………………………………………………………………………………………………
10. Total value of property stolen…………………………………………………………………………………………………..
11. Inquest Report / U.D. case No., if any………………………………………………………………………………………….. 
12. First Information contents (Attach separate sheet, if required): 

Read Over and Affirmed to be Correct

13. Action taken: Since the above information reveals commission of offence(s) u/s as mentioned at Item No. 2. : (1) Registered the case and took up the investigation Or

(2) Directed (Name of I.O.) ………………………………. Rank ………………..……… No. ………… to take up the

Investigation Or

(3) Refused investigation due to ……………………………………………………………………………. Or

(4) Transferred to P.S. ……………………………..……… District …………………………… on point of jurisdiction.

F.I.R. read over to the complainant / informant, admitted to be correctly recorded and a copy given to the complainant /informant, free of cost.

 

                             R.O.A.C.                                                                                                                                                                     (Read Over and Affirmed to be Correct)

                    Signature of Officer in charge, Police Station

   Name.…..………………………..…………………………

Rank…………………………..……. No. ……………..

 

14. Signature / Thumb impression of the complainant / informant.

 

15. Date and time of dispatch to the court ……………………………

*Note: This Element of FIR can defer from state to state, but it will include all this element and extra add-ons along with the regional or local language translation. 

Example:

 

Precedential Interpretation:

1. F.I.R. under section 154 of the Code is not a substantive piece of evidence. Its only use is to contradict or corroborate the matter thereof. [2]
2. In order for a message or communication to be qualified to be a F.I.R., there must be something in the nature of a complaint or accusation or at least some information of the crime given with the object of setting the police or criminal law in motion. It is true that a First Information Report need not contain the minutest details as to how the offence had taken place nor it is required to contain the names of the offenders or witnesses. But it must at least contain some information about the crime committed as also some information about the manner in which the cognizable offence has been committed. A cryptic message recording an occurrence cannot be termed as F.I.R. [3]
3. A mere information received on phone by a Police Officer without any details as regards the identity of the accused or the nature of injuries caused by the victims as well as the name of the culprits may not be treated as FIR.[4]
4. Mere delay in lodging the FIR is not necessarily fatal to the case of the prosecution. However, the fact that the report was lodged belatedly is a relevant factor of which the court must take notice. [5]
5. The answer to the question whether the F.I.R. in a given case has been lodged belatedly or not is always a question of fact and has to be answered bearing in mind the facts of the case in question and also the explanation furnished by the prosecution in case there is some delay in its being lodged. There can be no mathematical computation of the time taken in the lodging of the F.I.R. What the court has to examine is whether the delay is inordinate and whether any cogent explanation is forthcoming in case it is so, some delay in the lodging of the F.I.R. is only natural and would not detract from the value to be attached to it. A little delay is sometimes bound to be there. [6]
6. It is well settled that delay simpliciter in the lodging of a F.I.R. in a case of rape is not material. [7]

 

Case Laws: 

1. Jitender Kumar v. State of Haryana, AIR 2012 SC 2488.
2. Shambhu Dass v. State of Assam, AIR 2010 SC 3300.
3. Patai alias Krishna Kumar v. State of Uttar Pradesh, AIR 2010 SC 2254.
4. Ravishwar Manjhi v. State of Jharkhand, AIR 2009 SC 1262.
5. Ramdas v. State of Maharashtra, AIR 2007 SC 155.
6. State of Maharashtra v. Joseph Mingal Koli, (1997) 2 Crime 228 (Bom).
7. State of Maharashtra v. Suresh Nivrutti Bhusare, (1997) 2 Crimes 257 (Bom).