5/17/24, 8:23 AM First Information Report (FIR): Everything important you should know about

What is a First Information Report

By Diva Rai - September 23, 2023

This article is written by Shailja Singh, an LL.B. student of Bharati Vidyapeeth (Deemed
to be) University, Pune, and Nimisha Dublish, a student of Vivekananda Institute Of
Professional Studies (VIPS), GGSIPU.

It has been published by Rachit Garg.

Table of Contents

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1. Introduction
2. Meaning
3. A brief overview of all the sections dealing with FIR
3.1. Section 2(c) of the CrPC
3.2. Schedule I of the CrPC
3.3. Section 154(1) of the CrPC
3.4. Section 154(3) of the CrPC
4. Object
5. Essential Conditions of F.I.R.
6. Information in Cognizable Cases [S.154]
7. What Kind of Information is Considered in an F.I.R?
8. Evidentiary Value of F.I.R.
9. Delay in Filing FIR
10. Delay in Filing FIR in Case of Rape
11. Relevant Provision qua FIR
12. Who can lodge an FIR?
13. Duration for filing an FIR
14. Steps for filing an FIR
14.1. Rights of a person lodging FIR
15. Reports and statements that do not amount to FIR
16. Types of FIR
16.1. False FIR
16.2. Second FIR
16.3. Zero FIR
16.4. Cross FIR
16.5. Multiple FIR
17. Evidentiary value of FIR
18. Difference Between F.I.R and Complaint
19. Case laws
19.1. Sidhartha Vashisht @ Manu Sharma v. State (NCT of Delhi), 2010 (famously known
as Jessica Lal’s murder case)
19.1.1. Facts of the case
19.1.2. Issues involved in the case
19.1.3. Judgement of the Court
19.2. Tehal Singh and Ors. v. State of Punjab, 1978
19.2.1. Facts of the case
19.2.2. Issues involved in the case
19.2.3. Judgement of the Court
19.3. Lalita Kumari v. Government of UP, 2013
19.3.1. Facts of the case
19.3.2. Issues involved in the case
19.3.3. Judgement of the Court
20. Conclusion
21. Frequently Asked Questions (FAQs)
21.1. What information should be included in an FIR?
21.2. Can FIR be filed online?
21.3. What is the difference between a complaint and FIR?
21.4. What is the importance of an FIR?
21.5. What are the basic rights of an informant?
21.6. What should I do if the police refuse to file my FIR?
21.7. Can an FIR be used as evidence in court?
22. References

Introduction
Imagine you saw a crime happening or anticipated that a crime was going to be
committed by a person. You feel panicked and wish to inform the police authorities to

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stop or prevent the crime from happening. As a responsible citizen and a human being,
you feel that you must report the crime and seek legal remedy for it. It could be anyone
at this spot. As we have seen in various television series and movies, it only takes an FIR
to get registered if you want to report a crime or an apprehension of the same. But it’s
not that straightforward and easy; there lies a quantum of requirements that should be
fulfilled before going down the path of filing an FIR. This article will unravel the rights,
requirements, and responsibilities and the path thereafter to successfully deliver justice
in society.

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.’

The FIR marks the beginning of the journey of investigation that is to be performed by
the police officers. The police officers, during the process of investigation, look for
evidence and possible witnesses who could testify for the commission of the offence or
the offence for which the FIR is filed. It is essential that the person filing an FIR not give
false information with malicious intentions to hamper justice. An FIR is a fundamental
document that initiates legal proceedings by providing significant information about the
offence committed or the apprehension of the same. It can be a criminal offence, a
public concern, or both. This document plays a major role in providing direction to police
officers as to in which direction they need to proceed with the investigation. This
document is essential for both parties to the case.

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A brief overview of all the sections dealing with FIR

Section 2(c) of the CrPC

Section 2(c) of the CrPC defines the cognizable offences for which an FIR can be lodged.
These offences are listed in Schedule I of the Code. These offences fall under this
category and are allowed for filing/lodging an FIR.

Cognizable offences are those for which the police officer is allowed to arrest the accused
without a warrant or magistrate’s permission. These offences are more heinous and
serious in nature. For example, murder, rape, kidnapping, abduction, etc. These crimes
have the capability of harming the peace and harmony of a society. They are mostly
public offences. Usually, the punishment given for cognizable offences is more than 3
years and may extend to life imprisonment or the death penalty.

Schedule I of the CrPC

Schedule I of the CrPC enlists the offences that are classified as cognizable offences, for
example, murder, robbery, etc. These offences require immediate police attention, and
preventive measures are needed to be taken by them. These offences are generally more
severe and graver in nature and act against the public interest at large.

Section 154(1) of the CrPC

Section 154(1) of the CrPC talks about the procedure for recording an FIR. Cognizable
offences that are reported orally or in writing must be written down by the police officer.
They should be re-read by the officer for the person lodging the FIR and signed by him
thereafter. A copy of the report must be given to the person lodging the FIR, i.e., the
informant, free of cost.

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This Section lays out a brief outline of the process by which an FIR must be recorded,
documented, and acted upon by the police officer.

Section 154(3) of the CrPC

Section 154(3) of the CrPC talks about the actions to be taken if a police officer denies
recording the FIR. In such cases, the informant can go to the Superintendent of Police
(also known as the Deputy Commissioner in a Police Department). On satisfaction that
the crime committed is cognizable, he should either investigate the case himself or direct
a subordinate to take the required measures. This Section provides for a remedy or legal
recourse that may be taken by the informant if he feels that his complaint is not being
entertained by the police officer.

Object
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:

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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.

Information in Cognizable Cases [S.154]

Since the information received u/s 154 is termed as FIR, it is important to know the
provisions relating to the procedure for recording information in respect of cognizable
cases u/s/ 154.

If the information is given orally to an officer in charge of a police station, it has to be

reduced in writing by the concerned police officer. It should be then read over to the
informant, and then signed by him. The information thus received has to be recorded
in a book authorised by the state government regarding the same.

A copy of the information recorded is to be given to the informant, free of cost.

If the officer in charge refuses to record the information, the person may send such
information, the aggrieved person may send, the substance of such information to the
Superintendent of Police and the Superintendent of Police if satisfied about the
commission of the cognizable offence, shall either investigate the case himself or
direct an investigation to be made by the subordinate police officer. Such police officer
shall exercise all the powers of an officer in charge of the police station in the
concerning offence.

When the information is given by a woman against whom any of the offences under
sections 326 – A, 326-B, 354, 354-A to 354-D, 376, 376-A to 376-E or 509 IPC is alleged
to have been committed or attempted, such statement shall be recorded by a woman
police officer or any woman officer.

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:

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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.

Evidentiary Value of F.I.R.

An FIR is not a substantive piece of evidence. That is, it cannot be considered as
evidence of facts stated therein. However, FIR may be used for the following purposes:

1. It can be used to corroborate an informant witness u/s 157 of Evidence Act. But it
cannot be used to contradict or discredit other witnesses.

2. It can be used to contradict an informant witness u/s 145 of Evidence Act.

3. FIR can be used by the defence to impeach the credit of the maker under sec. 155(3)
of the Evidence Act.

4. A non-confessional FIR given by an accused can be used as an admission against him

u/s 21 of Evidence Act.

5. FIR can be used as a dying declaration as substantive evidence If it relates to the

cause or occasion or circumstances and facts which resulted in the informant’s death.
within the meaning of section 32(1) of the Evidence Act.

If the accused himself lodges the FIR, it cannot be used for corroboration or contradiction
because the accused cannot be a prosecution witness, and he would very rarely offer
himself to be a defence witness u/s 315 of the Code.

Delay in Filing FIR

The object of early filing of F.I.R. to the police as soon as possible, in respect of the
commission of the offence is to obtain and receive fresh information regarding the
circumstances and facts which tend to result in the commission of the offence. The FIR
shall have better corroborative value if it is recorded and taken before the informant’s
memory fades and before he starts to forget the facts. Thus, if there is a delay in lodging
FIR and the delay is unreasonable and unexplained, it is likely to create scope for
suspicion or introduction of a concocted story by the prosecution. It is the duty of the
prosecution to explain the delay in lodging FIR. If satisfactorily explained, it does not lose
its evidentiary value. However, mere delay in lodging FIR is not fatal to the prosecution
case.

In Raghbir Singh v. The State of Haryana, It was held that going to the hospital due to
the condition of the victim for saving his life instead of going to the police station first
was a reasonable and valid explanation for the delay in filing F.I.R.

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Delay in Filing FIR in Case of Rape

In cases of rape and other sexual offences, the case is not only related to the victim but
also with the family of the victim. Many times due to shame and honour they do not
contact the police immediately. Therefore the courts have consistently ruled that delay in
a case of sexual assault cannot be equated with the case involving other offences.

In Harpal Singh v. State of Himachal Pradesh, It was held that ‘delay of 10 days in
lodging the first information report stands reasonably explained when the prosecution
stated that as the honour of the family was involved, the members needed time to
decide whether the matter should be taken to the court or not.

Relevant Provision qua FIR

1. Under section 157 of the Indian Evidence Act, any former statement relating to the
same fact may be proved. The former statement may be written or oral. The account
book of a witness may also be included. The object of this section is to admit the
statements made at a time when the mind of the witness is still so connected with the
event as to make it reasonably probable that the description given by him is or would
be accurate or correct.

2. Section 145 of the Evidence Act provides for one of the matters in which credit of a
witness may be impeached. The object is either to test the memory of the witness or
to contradict him by the previous statement in writing. The statement in FIR made by
the witness can be used for this purpose but a witness can be contradicted only by his
own previous statement and not the statement of any other.

3. Section 8 of the Evidence Act provides the guilty mind begets guilty conduct. Conduct
of any person against whom the offence was committed is always relevant and it is
shown in illustration (j) and (k) of section 8. Conduct here includes the conduct of
both i.e. accused as well as the victim. Conduct of accused which is of non-
confessional nature may be brought within section 8 and it will be admissible also
under section 21 of the Evidence Act.

4. The FIR can also be used for cross-examination of informants and for contradicting
him. But it cannot be used for the purpose of corroborating or contradicting any
witness other than the one lodging the FIR.

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Who can lodge an FIR?

An FIR may be filed by any person who either witnessed or has knowledge of the
commission of a cognizable offence. The police officer is under the obligation to file such
an FIR for the cognizable offence. The person against whom an FIR is being filed can be
the person who either committed an offence, has knowledge of the commission of an
offence, witnessed the offence, or abetted in such an offence. The informant doesn’t
need to have first-hand information about the offence. Even an anonymous notice to the
police that contains information about such an offence can be treated as a formal
complaint. The police officer can also lodge an FIR himself if he has knowledge that a
cognizable offence has been committed. In Hallu v. State of MP (1974), it was held that
Section 154 of the CrPC talks about the information that an informant holds relating to
the cognizable offence given to the officer in charge; thus it is not necessary for the
informant to have personal knowledge of such an offence.

Duration for filing an FIR

It has been seen that an FIR should be filed promptly and expeditiously without wasting
any time. However, there might be certain circumstances where some amount of
concession must be given on reasonable grounds. This shall only be allowed in the
interest of justice. Judges have to judiciously decide using their wisdom whether to grant
such a concession or not. There is no fixed duration of time that can be granted to apply
the test of reasonableness. It is purely dependent on the facts and circumstances of the
case and the gravity of the offence.

Steps for filing an FIR

The procedure to get an FIR lodged is fairly simple:

1. The moment a cognizable offence is committed or is apprehended, you need to

contact your nearest police station. The FIR must be filed immediately, and there shall
be no delay in filing the FIR. If, for some reason, it gets delayed, then you need to
provide reasonable justification for the delay.

2. The informant has to tell the police officer the exact things and circumstances that he
knew or witnessed. You can describe the incident either orally or in writing. However,
it is the duty of the police officer to reduce it in writing.

3. The report must be read back to the informant and signed by him. Before signing the
report, you must ensure its accuracy. You should sign the report only after it has been
carefully read and verified by you.

4. It is the duty of the police officer to serve you with a free copy of the FIR.

5. The following things must be mentioned in the FIR-

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Name,

Address;

Date, time and location of the incident,

FIR number,

Name of the police station,

Facts of the incident,

Name and descriptions of the persons involved in the incident,

Witnesses (if any).

Rights of a person lodging FIR

There are certain rights and protections given to the person who is lodging an FIR in the
interest of justice, and those are:

1. The informant has the right to receive copies of the FIR and related documents as
soon as they are filled out by the police officer in charge, as per Section 154(2).

2. The informant has the right to receive the information in case the police officer does
not conduct an investigation on insufficient grounds. This right is vested with us under
Section 157(2).

3. The police officer must deliver a copy of the report submitted by him for the inquiry by
the magistrate. As per Section 173(2)(i) and (ii), the informant must have knowledge
of the actions taken by the police officer.

4. If the magistrate issues the process, then the informant must be given notice and a
fair chance of getting heard by the magistrate.

Reports and statements that do not amount to FIR

A report or a statement that is recorded after the commencement of the investigation
under Sections 162 and 163 of the CrPC.

Information not about the occurrence of a cognizable offence but only a cryptic
message in the form of an appeal for immediate help.

Information to the Magistrate or police officer is given via phone or any electronic
device.

Reports were recorded after several days of development of facts and circumstances.

Information received at the police station prior to the lodging of an FIR.

Reports not recorded immediately but after questioning of witnesses.

Complaint to the Magistrate.

It was held in Damodar v. State of Rajasthan (2011) that if the information was
conveyed to police by telephone and a DO entry was made, it would not constitute an
FIR even if the information disclosed the commission of the cognizable offence. The
Supreme Court has given Directions to be followed in regard to the registration of an FIR.
These directions are as follows-

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The registration of an FIR is mandatory under Section 154 of the CrPC. It is

mandatory only under the circumstances where there is the commission of a
cognizable offence or no preliminary inquiry is allowed in such a situation

A preliminary inquiry can be conducted in cases where it is not clear whether a

cognizable offence was committed or not.

An FIR must be registered if it is clear from the inquiry conducted that a cognizable
offence was committed.

If the inquiry is closed with a complaint, then the informant must be informed about it
along with the reasons in writing within 1 week of such closure.

The officers cannot refuse to register the FIR if a cognizable offence is committed. If
any officer denies, action must be taken against him.

A preliminary inquiry is conducted just to know if a cognizable offence was committed

or not.

Cases in which preliminary inquiry is conducted are as follows (the mentioned list is
not exhaustive but is merely illustrations)-

Matrimonial disputes

Family disputes

Commercial offences

Medical negligence cases

Corruption cases

Cases where there’s a delay in the initiation of proceedings

The preliminary inquiry must be time bound and should not exceed 7 days. The
general diary entry must contain the facts and reasons for the delay.

The diary in which all the information relating to a cognizable offence is recorded must
reflect the reason for conducting a preliminary inquiry.

Types of FIR

False FIR
An FIR filed with a malicious intention to spread false information about someone or
defame him. If such information is given to a public official to harm another person, he
can be punished under Section 182 or Section 203 of the Indian Penal Code (1860), as
the case may be. Section 177 of the IPC covers the situation where the police officer
himself gives incorrect information even after being aware of the truth.

Second FIR
There has been a lot of debate over the permissibility of a second FIR. It completely
depends on the nature and circumstances of a case. It is permissible even if there are
the same facts and conditions, provided that the formal complaint was decided on
insufficient grounds and without understanding the gravity of the offence. However, it

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won’t be maintainable if the case was decided and disposed of on the complete merits
and after consideration of facts and circumstances.

Various courts have laid down different interpretations of the circumstances. They have
provided various tests for it. Tests are given by the courts for figuring out the following:

1. Whether the conspiracies are identical or not?

2. Whether the earlier complaint was disposed off on immaterial grounds or not?

3. Whether an order has been passed without understanding the nature of the complaint
or not.

Zero FIR
A zero FIR can be registered in cases of cognizable offences that require the immediate
attention of the police to act. It can be registered at any police station, irrespective of
jurisdiction. The police officers can act on this without the court’s permission and even
before the complaint is handed over to the relevant jurisdiction. It is typically used for
offences like murder and rape. Zero FIR is meant to help victims of serious offences,
especially women and children. It is a quick and convenient way to lodge a complaint,
without having to go from one police station to another. If an officer disregards the
registration of a zero FIR, he may face consequences under Section 166A of the IPC.

Cross FIR
When the parties involved in a case file an FIR against each other regarding the same
incident, it is known as a cross FIR.

Multiple FIR
When the aggrieved parties file multiple FIRs for the same cause of action, same
incident, and same persons, it is called a multiple FIR. Filing multiple FIRs is prohibited
by the court in the case of Surender Kaushik v. State of UP (2013). This act jeopardises
the inquiry and causes confusion, and delays justice.

Evidentiary value of FIR

The FIR is not a substantive piece of evidence but can be considered evidence in the
following situations:

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1. As per Section 154 of the CrPC, the FIR marks the beginning of the investigation
proceedings, and on the basis of this investigation, the charge sheet is made under
Section 173 of the CrPC.

2. Though the FIR is not a substantive piece of evidence, it helps in corroborating the
facts and statements made by the informant and cross-examining him thereafter.

3. As per Section 8 of the Indian Evidence Act (1872), the FIR can be used as proof of
the actions of the informant.

4. As per Section 32(1) of the Indian Evidence Act (1872), if the informant dies and the
statement recorded by the police in the FIR includes the reason for his death or about
the events that might lead to his death, then it can act as substantial proof to validate
the reasons for his death. This acts as a dying declaration, wherein the person testifies
about the circumstances leading to his death.

5. As per Section 145 of the Indian Evidence Act (1872), the FIR may be used to refute
the informant’s testimony. This Section allows the contradiction of witnesses during
the cross-examination.

6. As per Section 157 of the Indian Evidence Act (1872), the FIR may be used in support
of a witness but cannot be used to refute or undermine the testimony of other
witnesses.

7. If the accused himself lodges the FIR, it cannot be used for corroboration or
contradiction because the accused cannot be a prosecution witness, and he would very
rarely offer himself to be a defence witness as per Section 315 of the Code of Criminal
Procedure.

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.

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The major points of difference are:

F.I.R COMPLAINT

Complaint is defined u/s 2(d) of the Code as “any

allegation made orally or in writing to a
Magistrate, with a view to his taking action under
FIR is not defined under the code.
this Code, that some person, whether known or
unknown, has committed an offence, but does not
include a police report.[1]

FIR is lodged with an officer in

Complaint is filed with the Magistrate.
charge of a police station.

FIR relates to information as to

It may relate to the commission of any offence,
the commission of a cognizable
whether cognizable or non-cognizable.
offence.

The magistrate is empowered u/s 190 of Cr.P.C. to

The magistrate cannot take into
take cognizance of an offence upon a private
cognizance of an offence.
complaint.

It is not a substantive piece of

The complaint itself is substantial evidence.
evidence.

The FIR once lodged with the In a summons case, a complainant can withdraw a
police station cannot be complaint against all or any of the accused, at any
withdrawn by the informant. time before a final order is passed. (Sec. 257)

The informant is not bound to

The Complainant must take an oath before the
take an oath before the police
Magistrate.
officer while lodging FIR.

The informant would not be liable

for malicious prosecution if the The complainant is liable for malicious prosecution
information furnished by him is if the complaint is found to be false.
found to be incorrect or false.

Case laws

Sidhartha Vashisht @ Manu Sharma v. State (NCT of

Delhi), 2010 (famously known as Jessica Lal’s murder
case)

Facts of the case

In this case, model Jessica Lal was found shot dead in a restaurant in Delhi. Jessica Lal
refused to serve more drinks to the petitioner, as a result of which the petitioner shot
her, which led to her death. Manu Sharma managed to escape from the scene but later
on, he was called upon for the offence he committed. The offence took place at Qutub
Colonnade, and there were several witnesses who testified to the presence of Manu
Sharma at the crime scene. The prosecution relied on the telephonic/wireless message
that was received by the Mehrauli Police Station. The communication was relied on as
evidence. Manu Sharma was acquitted in the initial trial, but later on, the decision was

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overturned by the Delhi High Court who found him guilty of the offences. As a result of
which he appealed for conviction in the Supreme Court.

Issues involved in the case

Along with the main issue of whether or not Manu was present at the murder scene,
there was one more issue, i.e., the reliability of the wireless message as evidence.

Judgement of the Court

The Supreme Court in this case held that telecommunication or wireless communication,
i.e., phone calls that are made immediately after the offence, will be eligible to be
considered an FIR only when it is established that they were not vague or cryptic.
However, the calls that are made to police officers to merely get them to the crime scene
do not necessarily qualify as an FIR. Hence, the Supreme Court upheld the decision of
the Delhi High Court.

Tehal Singh and Ors. v. State of Punjab, 1978

Facts of the case

In this case, telephonic communication was received by the police officer in charge, and
the court examined the circumstances that are to be considered for such information to
be considered an FIR under Section 154 of the CrPC. There was a chain of events
involved, for which Tehal Singh was accused of attacking and killing Pirthi Singh. They
claimed that they were provoked by Pirthi Singh, but it was not considered part of the
same transaction. Tehal Singh contended that he and his companions were falsely
involved in this case and that whatever he did was in self-defence.

Issues involved in the case

Whether the telephonic conversation meets the criteria of an FIR or not?

Judgement of the Court

The High Court of Punjab and Haryana held that there are certain conditions that must
be met to consider telephonic communication an FIR. The Court emphasised the fact that
the information given by the informant must be reduced to writing to be considered an

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FIR as per Section 154 of the CrPC. Further, an appeal was filed in the Supreme Court.
The Supreme Court also confirmed the decision given by the High Court and dismissed
the appeal. The Supreme Court didn’t find any flaw in the session court’s judgement,
which was then confirmed by the High Court.

Lalita Kumari v. Government of UP, 2013

Facts of the case

In this case, a writ petition in the Supreme Court was filed by Lalita Kumari’s father,
Bhola Kamat, under Article 32 of the Constitution of India. Lalita Kumari was the minor
daughter of Bhola Kamat. She was kidnapped, and her father lodged an FIR at the
nearest police station. The police officers did not take any action to find Lalita Kumari,
even after registering the FIR. The case was heard by a five-judge Constitution Bench.
The Supreme Court examined the mandatory requirements for filing an FIR under
Section 154(1) of the Code. The Court attempted to distinguish between cognizable and
non-cognizable offences and laid down guidelines for the procedure related to FIR
registration.

Issues involved in the case

The main issues were the scope, applicability, and obligation of the police while
registering an FIR.

Judgement of the Court

The Supreme Court held that the conditions under Section 154(1) of the Code must be
strictly adhered to. The police must conduct a preliminary investigation to determine if
the nature of the offence is cognizable or non-cognizable. The informant must be told
within seven days after the preliminary inquiry is concluded, whether or not the FIR
should be filed. If not, then the reasoning must be provided.

Conclusion
The FIR is the stepping stone of the whole justice delivery system. It is a very crucial
document for every criminal case. It marks the beginning of the criminal prosecution. An
FIR can be registered in simple steps and is still a significant document for the
investigation to begin. As rightly observed in the case of Mohan Lal v. State of Uttar
Pradesh (1988), an FIR is the Bible of the case initiated on the public record. Hence, it is
vital for every citizen to understand their rights related to an FIR. These are very helpful
in understanding how an individual should proceed if he wishes to report a crime or raise
his voice against public offences.

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