This article has been written by Bidisha Banerjee, a 2nd year BA LLB student of Jogesh Chandra Chaudhuri Law College, University of Calcutta.
Introduction
First Information Report (FIR) is a written document prepared by the police on receiving information about the commission of a cognizable offence(an offence in which the police can make an arrest without warrant or the court’s prior permission). The expression, First Information or First Information Report is not defined in the Criminal Procedure Code(CrPC), 1973 but is meant to refer to the information recorded under Section 154(1) of CrPC. It forms the base of the case and sets the criminal law in motion. It is a report of information that reaches the police so that they can start their investigation.
Objects of FIR
Firstly, to inform the Magistrate of the District and the District Superintendent of Police, who are responsible for the peace and safety of the District, of the offence reported at the Station.
Secondly, to make known to the Judicial Officers, before whom the case is to be ultimately tried, what facts are given out immediately after the occurrence and on what materials the investigation commenced.
Thirdly, to safeguard the accused against subsequent variations or additions.
Fourthly, the object of the information report is to set the criminal law in motion. This is from the point of view of the informant.
Fifthly, the object is to obtain information about the alleged criminal activity so as to be able to take suitable steps for tracing and bringing to book the guilty party, this is from the point of view of the investigating officer.
In Emperor vs Khwaja Nazir Ahmed(1945), it was held that an FIR is to obtain early information of alleged criminal activity, to record the circumstances before there is time for them to be forgotten and embellished.
The 11 Ws of FIR
FIR is not an encyclopaedia but must have as much information as is available at the time of recording it. It need not contain every minor detail but while recording, the following 11Ws must be kept in mind
- W – What information has to be conveyed
The informant may report the offence committed to the Officer In charge of the Police Station, who has to see whether all the ingredients are covered in the information given by the informant. - W – In what capacity
The information about the commission of cognizable offence can be given by any person knowing about the commission of such offence and not necessarily by an eye witness. Therefore, while giving the information the following facts should be mentioned in the report.- whether the informant saw the occurrence himself or
- whether he himself is a victim, or
- whether he heard the information from someone.
- W – Who committed crime
The information should mention the names of persons who committed the crime, if the culprit is a known person. If the culprit is not a known person, the information must contain the descriptive particulars of the offender (Eg. Defect in walking or deformity of any part of the body or special marks, like, smallpox, scars, etc.).
If the offender is a known person, the information should give his name, parentage and address.
If the informant suspects someone, the reasons for such suspicion may be stated in the report. - W – Whom against crime committed
The informant shall mention the name of the person against whom the crime was committed OR who is the victim of the offence.The informant need not be a victim. The information can be given by anybody. Any person knowing about the commission of cognizable offence can also lodge information with the police. Sometimes, the accused may also lodge the information. - W – When
Time of the occurrence of the crime may be given. If the informant is illiterate, he should mention how he calculated the time. If there is any delay in lodging an FIR by the informant, the reasons for the delay should be recorded in the FIR. - W – Where
The place of occurrence is an essential fact to be mentioned in the information. Depending upon the place of offence, the jurisdiction of the police station will be decided. The place of offence is also helpful in assessing the time spent in the journey from place of offence to police station. - W – Why
The reason and motive behind the offence may be given in the report. - W – Which may (how)
A detailed description of the act or acts committed by the offender may be given as far as possible.
If any weapon(s) or arm(s) are used, the descriptive of the arms) or weapon(s) used in the commission of the crime will be mentioned.
How the offender came to the spot or left the scene of offence should be mentioned. If any vehicle is used the details of the vehicle should be mentioned.
The injuries received by the victim may be mentioned in the report.
- W – Witnesses
The details of the witnesses, who saw the commission of offence, should be given in the report. The persons, who reached the scene of offence just after the commission of offence, must be mentioned. If any witnesses tried to rescue the victims, their name should be mentioned in the report. If they sustained injuries, the details of such injuries may also be mentioned. If the incident occurred during the night, the source of light should be mentioned in the report. - W – What was taken away
After the commission of offence, the offenders may take certain property with them especially while committing thef.
The complete description of the stolen property with particular identification marks should be given. If such details are not available, how they are going to identify the property will be given in the report. - W – What traces were left by the accused.
After commission of the crime, the accused will leave certain traces at the scene of offence, such as shoes, clothes, chappals, handkerchiefs, etc., If any such traces are available, those particulars should be mentioned.
Conditions for filing an FIR
The following requirements are to be satisfied to constitute a information as “First Information Report” within the meaning of Section 154 of CrPC;
Firstly, it must be an information regarding to the commission of a cognizable offence;
Secondly, it must be given to an Officer-in-charge of a Police Station;
Thirdly, it must be reduced into writing either by the informant (complainant) himself and it should be signed by the Informant;
Fourthly, if it is oral, it must be taken down in writing and read over to the Informant, who should sign it and it should be recorded according to the direction of the Informant.
Fifthly, the substance of information should be entered in the prescribed registrar, daily diary, General Diary, otherwise known Station Diary or Station House Register.
Conclusion
FIR is the first step of Criminal Procedure that leads to the trial and punishment of a criminal. It is also the most important supportive evidence on which the entire structure of the prosecution case is built-up. The main objective of the FIR is to enable the Police officer-in-charge of the Police Station to initiate the investigation on the crime and to collect evidence as soon as possible. It is the first report of the crime and so it is a valuable document that throws much light on the crime. It is also important because it is a statement which is made soon after the occurrence of the crime without fabrication and any prosecution case that may be subsequently made-up can be checked in the light of the first report.
FIR is an important document. FIR is not a substantive piece of evidence but at times it affects the prosecution case. Therefore, correct recording of FIR is required. FIR should contain as much information as is available at the time of recording it.
References
- First Information Report by Mangari Rajender
- https://www.humanrightsinitiative.org/publications/police/fir.pdf
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