This article has been written by Ms. Leezer Kaur, a 3rd-year student at the Army Institute of Law, Mohali.

INTRODUCTION

The abbreviation F.I.R. is used to refer to the ’First Information Report’ which is a written document prepared by the police on the commission of a cognizable offense. The information may be given orally or in writing by the victim or by someone who had witnessed the offense. This concept is prevalent in Myanmar and Bangladesh as well. This term is nowhere defined under the Indian Penal Code of 1860; Code of Criminal Procedure of 1973 or any other Indian legislation. But, Sections 154 to 176 of the Cr.P.C. of 1973 deal with ‘Information to Police and their power to investigate’. The information recorded under Section 154 of the Code of Criminal Procedure of 1973 is considered a First Information Report, according to the police rules and regulations. It is considered to be the first step in setting in motion the process of criminal justice. It also acts as a source of information for the police officers who are responsible for maintaining peace and security in their areas. Further, it protects the victim against any such subsequent offense.

The following are the key points to be complied with while filing FIR:

1. It is mainly for a cognizable offense under Section 154 of the Code of Criminal Procedure, 1973. A cognizable offense is one where the police have to authority to arrest without any warrant. They can initiate the investigations on their own and there is no need for orders from the court. In case of a non-cognizable offense, FIR is filed under Section 155 of the Code of Criminal Procedure, 1973.
2. It may be given in oral or written format by the informant to the police officer.
3. The information may be provided by the victim or by someone who had witnessed the offense.
4. It must be signed by the informant and the informant cannot refuse to sign it.
5. On completion, the police officer may read it for the informant to ensure that all the details are correct.
6. A copy of the registered FIR has to be provided to the informant free of cost.
7. Key points related to it may be recorded in a daily diary of the police station.

PARTICULARS TO BE PROVIDED IN FIR                 

It may provide the following details:

• The name and details of the informant.
• Date, time, and place where the offense took place.
• The facts related to the incidence.
• Details of the witnesses of the incidents.
• Identity and details of those who were engaged in the offense.
• A unique FIR number.
• The applicable provisions of the law.

On filing an FIR, a unique FIR number is issued to the informant, and the police are legally obliged to begin its investigation. The police start their investigation by collecting evidence, and statements of the witnesses and conducting forensic tests. The alleged person may even be arrested under the legal provisions. On getting sufficient evidence, a ‘charge sheet’ may be prepared and if no evidence is found then a ‘cancellation report’ will be filed. In case of no trace of the accused person, an ‘untraced report’ is filed.

DELAY IN FILING AN FIR

Although there is no limitation period specified within which an FIR has to be filed but even then it has to be filed within a reasonable period without any unauthorized delay. A delayed FIR may also be filed if the person has justification for the delay in filing it. 

In the case of Amar Singh v. Balwinder Singh, the court observed that there was no deadline set for submitting a police report but the court must examine the delay and seek justification for the same. 

In the case of Ram Swarup v. State of UP, the woman was raped by two people and was able to file the case only after receiving guidance from the Italian Embassy. The court considered it to be an adequate justification for the delay.

REFUSAL TO FILE AN FIR

If a police station is not having jurisdiction over the offense even then the police authorities are supposed to file FIR without giving it any FIR number. They have to register it and then transfer it to the police station under whose jurisdiction, the offense comes. On transfer of FIR, the concerned police station registers it and starts its investigation. This is known as Zero FIR for the police station where it was registered without any jurisdiction.

In the case of Prakash Singh Badal v. State of Punjab, the Supreme Court of India observed that police officers are required to start the investigation as soon as they receive information about a cognizable offense.

In the case of State of A.P. v. Punati Ravulu, the Supreme Court of India held that failure of a police officer to record the information provided by the informant for an offense constitutes a breach of duty on their part, under Section 154(4) of the Criminal Procedure Code, 1973.

Section 154(3) of Cr.P.C., 1973 provides that if any person is aggrieved by the refusal on the part of a police officer to register an FIR then that person can send the complaint to the Superintendent of Police or higher police officers like DIG, DCP, etc. If the authority is satisfied with the complaint then they may start the investigation themselves or order an investigation to be made. Also, a private complaint may be filed before the court under whose jurisdiction the offense falls or to the NHRC or SHRC.

FALSE FIR

Section 182 of the Indian Penal Code, 1860 provides punishment of up to 6 months or a fine of rupees one thousand or both, if the wrong information is provided by some person to a public official to harm the other person. Section 203 provides for imprisonment of up to two years for those who spread false information about the offense. Also, Section 211 of the Code provides for imprisonment of more than seven years or a fine or both for those who make false criminal accusations against someone.

CASE LAWS

In the case of Kari Chaudhry v. Sita Devi, the court held that two FIRs can be filed only if a new account of occurrence has taken place after the first FIR. 

In the case of Upkar Singh v. Ved Prakash, the court observed that the Criminal Procedure Code does not prevent the filing of a second FIR and the Magistrate has the authority to ask the police to investigate the second FIR as well.

In the case of Youth Bar Association, India v. Union of India and Ors., the Supreme Court in 2016 laid down a few guidelines for FIR:

• The accused is allowed to get a copy of the FIR within 24 hrs through his lawyer, on payment of the requisite fees.
• The copies of FIR are supposed to be uploaded on the website of the police authorities or the state websites within 24 hrs of its registration.
• The sensitive case-related FIRs may not be uploaded and the appropriate authority is entitled to decide what constitutes ‘sensitive information’ related cases.

In the case of State of UP v. Nahar Singh, the court held that the purpose of filing an FIR is to set the investigation process in motion.

CONCLUSION

FIR is a written document prepared by the police authorities under Section 154 of the Cr.P.C, 1973 based on the information provided by the victim or anyone who had seen the commission of the offense. It may be given orally or in writing. It sets the investigation of the criminal case in motion.

REFERENCES:

1. Amar Singh v. Balwinder Singh.
2. Ram Swarup v. State of UP.
3. Prakash Singh Badal v. State of Punjab.
4. State of A.P. v. Punati Ravulu.
5. Kari Chaudhry v. Sita Devi.
6. Upkar Singh v. Ved Prakash.
7. Youth Bar Association, India v. Union of India and Ors.
8. State of UP v. Nahar Singh.

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