F.I.R.

Meaning

The term ‘First Information Report’ has not been defined in the Code of Criminal Procedure. Rather the term has not been used except in section 207 which requires the Magistrate to furnish to the accused a copy of the First Information Report recorded under section 154 (1) of the Code. The report first recorded by the police relating to the commission of a cognizable case is the First Information Report giving information on the cognizable crime.

It may be defined as follows:

  1. It is a piece of information given to the police officer.
  2. The information must relate to a cognizable offence.
  3. It is a piece of information reported first in point of time.
  4. The victim of the cognizable offence or someone on his/her behalf gives information and lodges a complaint with the police.

This is the information on the basis of which investigation begins. The FIR must be in writing.

In the State of Rajasthan v. Shiv Singh, the Rajasthan High Court defined a First Information Report as ‘the statement of the maker of the report at a police station before a police officer recorded in the manner provided by the provisions of the Code.’

Objective

The main objective of filing F.I.R. is to set the criminal law in motion. And also to enable the police officer to start the investigation of the crime committed and collect all the possible pieces of evidence as soon as possible.

The various objects of recording F.I.R. are:

  • To inform the District Magistrate and the District Superintendent of Police, who are responsible for the peace and safety of the district, of the offence, reported at the police station.
  • To make known to the judiciary and judicial officers before whom the case has to be ultimately tried, about the facts and scenario which came out after the immediate occurrence of the crime.
  • To safeguard and protect the accused against subsequent additions or variations.

Essential Conditions of F.I.R.

In Moni Mohan v. Emperor, it was decided that the essential conditions of F.I.R. are:

  • It must be a piece of information.
  • It must be in writing. If given in writing, should be reduced into writing by the concerned police officer.
  • The main act or crime should be cognizable in nature, not the ones subsequent to the main act.

The F.I.R. must be in the nature of complaint or accusation with the object of getting the law in motion

What Kind of Information is Considered in an F.I.R?

Only information relating to the commission of a cognizable offence can be termed as an FIR. It is not necessary that the information must set out every detail of the case. It need not state the name of the accused also. What is necessary is that it must disclose information regarding the commission of a cognizable offence.

Information received in the following cases is not considered as FIR:

  1. Information received after commencement of the investigation.
  2. Telephonic information, unless it has been given by a known person who discloses his identity and the message contains all the necessary facts which constitute an offence and such a message is reduced to writing by S.H.O.
  3. Information of mere assemblage of some persons.
  4. Indefinite, Vague and unauthorized information.

Difference Between F.I.R and Complaint

While in common parlance the terms FIR and complaint are often used interchangeably, both terms have different legal meanings and implications. The primary difference between a complaint and FIR is that while FIR is lodged with the police, a complaint is made to the magistrate

Conclusion

The 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. As rightly observed in the case of Mohan Lal v. State of Uttar Pradesh, FIR is the Bible of the case initiated on the public report.

 

 

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