This article has been written by Mr. Vivek Toppo, a 3rd year BALLB Student from NATIONAL LAW UNIVERSITY ODISHA.

INTRODUCTION

The First Information Report (FIR) is a crucial legal document in India that sets the criminal justice system in motion. It is a written complaint or report lodged with the police by the victim, informant, or any other person with knowledge of the commission of a cognizable offense. The FIR is the first step in the process of criminal investigation and plays a crucial role in determining the course of the investigation and subsequent trial.  Further, It is a written complaint or a report lodged with the police by the victim, informant, or any other person with knowledge of the commission of a cognizable offense. The FIR is the first step in the process of criminal investigation and plays a crucial role in determining the course of the investigation and subsequent trial.

Objectives:-

• To understand the concept and importance of FIR in India
• To analyze the legal provisions related to FIR in India
• To identify the limitations and challenges of FIR in India
• To study the landmark case laws related to FIR in India

Importance and legal provisions related to FIR:-

The history of FIR can be traced back to the British era in India, when the British rulers introduced the Criminal Procedure Code (CPC) in 1861. The CPC prescribed the format of the FIR and laid down the procedure for its registration. The FIR was seen as a means of maintaining law and order in a country with diverse communities and cultures.

The FIR serves several purposes, including recording the details of the offense, identifying the accused, and initiating the investigation. It is a legal document that serves as evidence in the court of law and is admissible as evidence under Section 157 of the Indian Evidence Act, 1872.

According to Section 157, “when a witness is called for examination in a legal proceeding, any previous statement made by them relating to the same fact, or relevant fact, which is in writing and signed by the witness, or by someone on their behalf, at the time when the statement was made, or very soon afterwards, can be used to corroborate or contradict their testimony”.

 The FIR also helps in protecting the victim and witnesses from any harassment or coercion by the accused or their associates.

The registration of an FIR is mandatory under Section 154 of the Code of Criminal Procedure (CrPC) for cognizable offenses.

According to Section 154, “any person who has knowledge of the commission of a cognizable offence can give information about it to an officer in charge of a police station. The officer is required to reduce the information to writing and read it back to the informant. The written document is then required to be signed by the informant, and a copy of the document must be given to the informant free of cost”.

 Cognizable offenses are those offenses in which the police can arrest the accused without a warrant and start the investigation without the permission of the court. Non-cognizable offenses, on the other hand, are those offenses in which the police cannot arrest the accused without a warrant and require the permission of the court to initiate the investigation.

The purpose of Section 154 is to ensure that a person who has knowledge of the commission of a cognizable offence can easily approach the police and report it. This provision is crucial to ensure that criminal cases are promptly registered, investigated and the offenders are brought to justice.

The section also specifies that the information given to the police should be recorded in the book maintained by the police station for that purpose. This book is commonly known as the FIR register, and it is maintained to record information about all cognizable offences reported to the police.

Section 155 of CrPC: This section states that when the information relates to a non-cognizable offence, the police officer can only record the information and cannot investigate the case without the permission of the magistrate.

Section 156 of CrPC: This section empowers the police officer to investigate the case after the registration of the FIR.

Section 158 of CrPC: This section deals with the power of the police officer to investigate cases where no FIR has been registered, but there is information or knowledge of the commission of a cognizable offence.

Section 200 of CrPC: This section provides for the procedure to be followed by the magistrate on receiving a complaint of an offence.

Section 201 of CrPC: This section empowers the magistrate to dismiss a complaint or take cognizance of the offence and issue process against the accused.

Section 202 of CrPC: This section provides for the inquiry by the magistrate before issuing process in cases where the offence is punishable with imprisonment for seven years or more.

Section 203 of CrPC: This section deals with the power of the magistrate to dismiss a complaint without issuing process.

Limitations and Challenges of FIR in India:-

• Non-cognizable Offences: One of the significant limitations of the FIR system in India is that it only applies to cognizable offences. Non-cognizable offences, such as defamation or breach of contract, cannot be reported through an FIR. This means that individuals have to pursue other legal remedies to seek redressal for such offences.
• Delay in Registering FIRs: Another limitation of the FIR system is the delay in registering FIRs. In many cases, the police may not register an FIR immediately, which can lead to loss of crucial evidence and can also delay the investigation.
• False FIRs: One of the significant challenges of the FIR system in India is the filing of false FIRs. In some cases, individuals may file false FIRs with the intent of harassing the accused or settling personal scores. Such false FIRs can be a significant drain on police resources and can also lead to wrongful arrests.
• Lack of Standardization: The FIR system in India lacks standardization. The format of the FIR may vary from state to state, and even from police station to police station. This can lead to confusion and make it difficult for individuals to file FIRs.
• Language Barrier: In a country with diverse linguistic backgrounds, the language barrier is a significant challenge when filing an FIR. Many individuals may not be able to communicate effectively in the language used by the police, which can lead to a delay in filing an FIR.
• Police Attitude: In some cases, the police may not take the FIR seriously, or they may try to dissuade the victim from filing an FIR. This can lead to underreporting of crimes and a lack of faith in the criminal justice system.
• Lack of Awareness: Finally, lack of awareness about the FIR system is another significant challenge. Many people may not know about the FIR system or may not understand the process of filing an FIR. This can lead to underreporting of crimes and can also make it difficult for the police to investigate crimes effectively.

Landmark Case laws of FIR:-

1. Lalita Kumari v. Govt. of U.P.: In this case, the Supreme Court of India reiterated the importance of registering an FIR in cognizable offences. The court held that in cases of serious offences, such as murder or rape, the police are duty-bound to register an FIR and start the investigation immediately, without any delay.

1. State of Haryana v. Bhajan Lal (1992): In this case, the Supreme Court of India laid down the guidelines for registering FIRs in cases of non-cognizable offences. The court held that in cases of non-cognizable offences, the police can only investigate the matter with the permission of the court, and that an FIR can be registered only if the police officer has reason to believe that a cognizable offence has been committed.

1. Joginder Kumar v. State of U.P. (1994): In this case, the Supreme Court of India laid down the guidelines for the arrest of an accused person. The court held that an arrest can be made only if the police officer has reasons to believe that the accused has committed a cognizable offence, and that the arrest is necessary to prevent the accused from committing further offences or to ensure the attendance of the accused at the trial.

1. State of Rajasthan v. Jaggu (2010): In this case, the Supreme Court of India held that the failure to register an FIR in cases of cognizable offences is a serious dereliction of duty on the part of the police officer. The court held that the police must register an FIR promptly and without delay, and that failure to do so can be considered a violation of the fundamental rights of the victim.

1. State of U.P. v. Deoman Upadhyaya (1960): In this case, the Supreme Court of India held that the FIR can be treated as substantive evidence in a criminal trial. The court held that the FIR can be used to corroborate the oral evidence of the informant, and that it is not necessary to call the informant as a witness to prove the contents of the FIR.

CONCLUSION:-

In conclusion, the FIR is an important legal document that sets the criminal justice system in motion. It serves several purposes, including recording the details of the offense, identifying the accused, and initiating the investigation.

Futhermore,the FIR system in India is an essential part of the criminal justice system, but it has its limitations and challenges. It is essential to address these challenges and improve the system to ensure that individuals can report crimes effectively, and the criminal justice system can function efficiently. Some steps that can be taken include increasing awareness about the FIR system, standardizing the format of FIRs, and improving police training to ensure that they take every FIR seriously.

REFRENCES:-

Table of Statute:

1. The code of Criminal Procedure Code, 1973.
2. The Indian Evidence Act of 1872.

Table of Cases:-

1. Lalita Kumari v Govt. of U.P. [2013] INSC 68; (2013) 1 SCC 58. 
2. State of Haryana v. Bhajan Lal (1992); AIR 1992 SC 604.
3. Joginder Kumar v. State of U.P. (1994); (1994) 4 SCC 260. 
4. State of Rajasthan v. Jaggu (2010); (2010) 10 SCC 675. 
5. State of U.P. v. Deoman Upadhyaya (1960); AIR 1961 SC 53.