INDEX
Acknowledgement
Abstract
Introduction
History of FIR
Format of FIR
Salient features of FIR
Procedure o FIR
Biblography
Abstract
To study the various legal aspects of Section 154, Criminal Procedure Code, 1973, and whether
telephonic information comes under the umbrella of the said provision‘ We have, so far,
attempted a detailed and searching analysis on the legal issues with regard to the statutory duty
of an officer-in-charge of a police station in registering the First Information Report and
commencing the investigation thereon as well the principles relating to the exercise of extra-
ordinary and inherent powers of the High Court in quashing either the FIR or the entire criminal
proceedings as the case may be; and bearing in mind the enunciations of law, we have given our
anxious consideration and careful thought to all the related legal issues emerge therewith.
We shall also focus on the evidentiary value of FIR, its validity when it is unreliable and
ingenuine and the legality of mere oral intimation or telephonic information. To begin any
investigation, it is quite obvious that the police need to know that an offence has been
committed. This can be possible if someone approaches the police station and gives the details of
the offence committed. This is often called as the First Information Report (in short, FIR) and
has been contemplated under Section 154 of the Criminal Procedure Code of 1973 (hereinafter
referred to as “Cr.P.C.”). The basic requirements of FIR as per the section are that, in case of a
cognizable offence, if information is given to an officer-in-charge of the police station orally,
then,
1. It shall be reduced to writing by such officer;
2. Such information shall then be read out to the informant;
3. The signature of the informant shall be received on the written information;
4. And. finally, it shall be entered in the diary \book meant for this purpose, by such officer.
5. A copy of the report is also to be handed over to the informant under clause (2) of the section.
INTRODUCTION
First Information Report is written by a Police Officer. State has duty to take in to its cognizance
the commission of a cognizable case. Generally a Police officer does not possess the adequate
knowledge to deal with these cases promptly, as these cases demand urgent attention because the
delay erases the available evidences. A Police officer has to perform many duties at the same
time when he registers a case. He has to do the panchnama, finger print expert, forensic expert
and investigation is also conducted by him. John Cratman in his book “Police” defined police as
“Crystallizing the concept and practices ofthe maintenance of public peace, safety and security.”
The ‘Arthsastra’ of Kautilya mentions about the existence of police during the Mauryan period.
As a law enforcing agency ensuring order, the origin of the police in India can be traced to the
earliest Vedic Period ofIndian History. An Inspector General of Police once said: “I have worked
24 years in police department and honestly speaking, I do not know how to draft a F.I.R.
properly. I do not know how to inspect a scene of crime scientifically and to be more specific, I
do not know how to interrogate a suspect psychologically.”4 The Supreme Court in the case of
D.K. Basu v. State of W.B. observed that “in view of the expectation of the society that police
must deal with the criminals in an efficient and effective manner and bring to book those who are
involved in the crime. The cure can’t however, the worst than the decease itself.” SC disapproves
ofreckless arrests in criminal cases. “It appears that the police is not at all implementing it. What
invariably happens is that whenever an FIR of a cognizable offence is lodged, the police
immediately go to arrest the accused person. This is clear violation of the judgment of the apex
court.” The court issued direction to the chief secretaries, home secretaries and law secretaries of
all the states and Union Territories to “strictly comply with the judgment of the apex court in
Joginder Kumar’s case. Further FIR and important issues have been discussed in eight chapters.
SCOPE AND OBJECT
The term F.I.R. or ‘first information report’ has not been defined by the Code of Criminal
Procedure. The word ‘information’ means something in the nature of a complaint or accusation,
or at least information of a crime, given with the object of putting the police in motion in order to
investigate, as distinguished from information obtained by the police when actively investigating
a crime.
The first information is that information which is given to the police first in point of time. It is
only when the report is such that investigation could be started on it, that it can be called a first
information report. The report first recorded by the police relating to the commission of a
cognizable case is the first information report. It is a document of considerable importance, the
object being to show on what materials the investigation commenced and what was the story
then told.
HISTORY OF F.I.R1
The information regarding a cognizable offence by whomsoever given which is first in point
oftime and on which investigation actually commences is the FIR and not one recorded thereafter
or on reaching the spot. The information recorded U/S. 154 Cr.P.C. is known as First
Information Report though the first is not mentioned in the Code ofCriminal Procedure. The
information need not necessarily be against a person by name, it may be against an unknown
person. In such a case it is the duty ofthe Police Officer to find out the real offender during the
course ofinvestigation.51 The First Information Report is earliest report made to the Police
Officer held in the case ofSoma Bhai v. State of Gujarat.
(i) Earliest version ofthe case is F.I.R.
(ii) (ii) It is not open to the officer-in-charge ofPolice Station to consider information as
FIR according to his discretion.
(iii) (iii) If information comes at a police station simultaneously from a number of
persons, the officer-in-charge can use his common sense and record one statement as
the FIR.
(iv) (iv) In case of more than one FIR-There could not be more than one FIR in one case,
even if there are many victims of the alleged offence, writing three FIR’s in one case
is illegal. What is recorded in the first point of time and which reached the officer-in-
charge ofpolice station first is FIR
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FORMAT OF FIR
REPORT IN NON-COGNIZABLE OFFENCES
UNDER SECTION 155 Cr.P.C.
G.D. [Link]....................................Page No............................. Date......... ………………………
Police station/outpost
………………………………………………………….District………………………………….
1. Date and time of report
………………………………………………………………………………………………
……………….
2. Name and address of the complainant
……………………………………………………………………………………….
3. Gist of offence reported
………………………………………………………………………………………………
…………….
4. Place of occurrence with date and time
……………………………………………………………………………………..
5. Address of the witness, if
any…………………………………………………………………………………………
……………
6. Disposal (To be stated
briefly)………………………………………………………………………………………
………………
7. Disposal reference
[Link]....................................Page No.
.................................Date..........................................
8. Received copy
………………………………………………………………………………………………………
……………………….
Signature of SHO
PS ..............................................
Complainant
SALIENT FEATURES:
1. There has to be the presence of a fact, supported by evidence.
2. FIR should be in written form.
3. Complainant’s signature is necessary.
4. After writing of the statement, it is necessary that the statement be read over to the
maker.
5. It is the duty of the police officer to enter such information in the record.
6. Complainant has the right to receive the copy of such FIR.
7. Original F.I.R must be sent to the Magistrate forthwith.
It is necessary that the action against which the complainant have to file an FIR should be
cognizable in nature, i.e the crime should be such where there is no warrant required for the
arrest.
Section 2(l) &155 in The Code of Criminal Procedure, 19732
Section 2 (l) :" non- cognizable offence" means an offence for which, and" non- cognizable case"
means a case in which, a police officer has no authority to arrest without warrant;
Section 155. Information as to non- cognizable cases and investigation of such cases.
(1) When information is given to an officer in charge of a police station of the commission
within the limits of such station of a non- cognizable offence, he shall enter or cause to be
entered the substance of the information in a book to be kept by such officer in such form as the
State Government may prescribe in this behalf, and refer the informant to the Magistrate.
(2) No police officer shall investigate a non- cognizable case without the order of a Magistrate
having power to try such case or commit the case for trial.
(3) Any police officer receiving such order may exercise the same powers in respect of the
investigation (except the power to arrest without warrant) as an officer in charge of a police
station may exercise in a cognizable case.
(4) Where a case relates to two or more offences of which at least one is cognizable, the case
shall be deemed to be a cognizable case, notwithstanding that the other offences are non-
cognizable.
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Procedure to file an FIR3
The FIR requires the mentioning of time and date of the crime and the identity of the
committer, e., the accused in a manner that it becomes easy for the police to identify
the accused.
After the complainant has registered the complaint, he has the right to claim the copy
of the FIR free of charge. The police then, after the registration of the said FIR has to
conduct an investigation regarding the statement made in the FIR. The police can in
the case that it finds the statement baseless, and that there is no evidence supporting
the same may after communicating it to the maker, decide to drop any further
investigation.
In the case, the police find any evidence supporting the makers statement, they have to
file a charge sheet that is to be given in the court before the trial begins.
In the cases of refusal by any police officer to file an FIR, a person has a right to directly
approach Judicial Magistrate.
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BIBLOGRAPHY
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