What Is FIR ? By Shadan Seraj At LEXCLIQ

FIR means an information recorded by a police officer on duty given either by the aggrieved person or any other person to the commission of an alleged offence. On the basis of FIR the police commences the investigation. Section 154 or CrPC defines as to what amount to first information. (S154, 173) section 154 reads as under:

1. Every information relating to the commission of a cognizable offense, of 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 kept by such officer in such form as the state govt may prescribe in this behalf.
2. A copy of information as recorded under subsection (i)shall be given forthwith free of cost to the informant.
3. Any person aggrieved by such refusal on the part of the officer in charge of police station to record the informant u/s (i) May send the substance of such information in writing and by post to the superintendent of the police concerned who if satisfied that if such information discloses the commission of a cognizable offense shall either investigate the case himself or direct an investigation to be made by any police officer subordinate to him in a manner provided by this court, and such officer shall have all the powers of an officer in charge of an police station in relating to that offense.
The provision in section 154 regarding the reduction of oral statement to writing and obtaining signature of the informant to it is for the purpose of discouraging irresponsible statement about criminal offences by fixing the informant with the responsibility for the statement he makes.

Refusal by the informant to sign the FIR is an offense punishable us 180 IPC. The absence of signature on fir by the informant however is not necessary to the extent that it will vitiate and nullify such report. This fir is still admissible in evidence. In order to constitute an FIR in terms of sec 154 CrPC, the 2 conditions just be satisfied:
1. What is conveyed must be an information.
2. That information should relate to a commision of a cognizable offense on face of it.
3. FIR can be filed by any person he need not necessarily be the victim or injured or the eye witness. FIR may be merely hear say and need not necessarily be given by the person who has first hand knowledge of the facts.
An FIR can be filed in the police station of the concerned area in whose jurisdiction the offence has occurred. This is the golden principal of law prescribed by the court that the FIR should be filed promptly and without wasting any time. such type of report gains the maximum credibility and is always welcome and appreciated by the courts.

In the case of Kishan Chand v State of Rajasthan the Supreme Court held that an FIR need be in writing nor against a named person, even a telephonic message if it discloses a cognizable offence may constitute first information report. In a subsequent case of State of A.P. v Punati Ravulu the Supreme Court has said that refusal to record information is declaration of duty by the police officer.

There may be circumstances where some concession of time must be given in time of filing the fir but there must be strong reasons for reasonable delay in filing the fir under the compelling circumstances. Judges with lot of wisdom and experience can use their discretion judiciously and in the interest of justice in each and every case. However no possible duration of time can be fixed for applying the test of reasonableness to the lodging of an fir. It depends upon the facts and circumstances of each case.

Following are the reports or the statements which do not amount to an FIR:
1. A report or a statement recorded after the commencement of the investigation sec 163-163 CrPC.
2. Reports not recorded immediately but after questioning the witnesses.
3. Reports recordes after several days of development
4. Information not about occurrence of cognizable offense but only cryptic msg in form of an appeal for immediate help.
5. Information given to the magistrate or Judge over telephone.
6. Info received at the police station prior to the lodging of an FIR .
7. Information to beat house.

It was held in Damodar v. State of Rajasthan, that if the information was conveyed to police on telephone and DO entry was made, it will not constitute an FIR even if the information disclosed commission of cognizable offence.

 

 

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