PROJECT ON

FIRST INFORMATION REPORT (F. I. R)

SUBMITTED TO:

Dr. Anant Prakash Narayan

ASSISTANT PROFESSOR

SCHOOL OF LAW AND GOVERNANCE

CENTRAL UNIVERSITY OF SOUTH BIHAR

Submitted by

Roushan Kumar

Enrollment no ~ CUSB1813125083

Session ~ 2018 -2023 BATCH, SEC. A

SCHOOL OF LAW AND GOVERNANCE

CENTRAL UNIVERSITY OF SOUTH BIHAR

1|Page
 Acknowledgement

I want to express my gratitude to all of the fragments that helped me to complete this research in
the way it was supposed to be completed. I would like to thank my teacher, Dr. Anant Prakash
Narayan without whose guidance and support I would never accomplish this stage of
development in terms of this research project. I would like to thank her with all my heart for her
kind support and considerations which motivated me to complete this project.

2|Page
 INDEX
1. INTRODUCTION …………………………………………………………………………………………………...4
2. DEFINITION ….…………………………………………………………………………………………………….…4
3. FORMAT OF THE F.I.R …………………………………………………………………………………………...7
4. SAILENT FEATURES ……………………………………….…………………………………………………….…8
5. EVIDENTIARY VALUE OF F.I.R …………………………………. ………………………………………….…8
6. OBJECT OF F.I.R. ………………………..……………………………………………………………………….….10

7. EFFECT OF BELATED F.I.R. WHEN FETAL ………………..………………………………………………11

8. DELAY IN DESPATCH OF F.I.R. …………………………………………………………..………..………….11

9. DELAY IN GIVING INFORMATION …..……………………………………………………………………….12

10. CONCLUSION ……………………………………………………………………………………...…………………13

11. BIBLIOGRAPHY …………………………………………………………………………………….…………………14

3|Page
 Introduction

Criminal law occupies a predominant place among the agencies of social control and is regarded
as a formidable weapon that society has forged to protect it self against anti-social behavior.
Criminal Procedure is an inseparable part of the panel law and the effectiveness of the latter
depends much upon the proper implementation of the former. The criminal law has been
described as one of the most faithful mirrors of the modern society reflecting the fundamental
values on which the later rests.

DEFINITION

FIR has not been defined in the [Link]. In fact is the information relating to the commission of a
cognizable offence that reaches the officer-in-charge of the Police Station first in point of time.
F.I.R. is a very valuable document. It is of utmost legal importance, both form the point of view
of the prosecution and the defense. F.I.R. constitutes the “foundation” of the case in the first
instance and whole of the case is built on it . If the foundation is week, then the prosecution
case will tumble down . If on the other hand, is strong if will endure the attacks of the accused
and his counsel.

On receipt of such information the S.H.O. of the Police Station is legally required to draw up a
regular F.I.R. in from prescribed by the State Government vide Sec.154 [Link]. When any
information disclosing a cognizable offence is laid before the officer-in-charge of Police Station,
he has no option but to register the case on the basis thereof (State of Haryana V. [Link]
Lal)

What is FIR ?

4|Page
First Information Report (FIR) is a written document prepared by the police when they receive
information about the commission of a cognizable offence. It is a report of information that
reaches the police first in point of time and that is why it is called the First Information Report.

It is generally a complaint lodged with the police by the victim of a cognizable offence or by
someone on his/her behalf.

Anyone can report the commission of a cognizable offence either orally or in writing to the
police. even a telephonic message can be treated as an FIR.

Why is FIR important ?

An FIR is a very important document as it sets the process of criminal 4ustice in motion. It is
only after the FIR is registered in the police Station that the police takes up investigation of the
case.

Who can lodge an FIR ?

Anyone who knows about the commission of a cognizable offence can file an FIR. It is not
necessary that only the victim of the crime should file an FIR. A police officer who comes to
know about a cognizable offence can file an FIR himself/herself.

What is the procedure of filing an FIR ?

The procedure of filing an FIR is prescribed in Section 154, of the Criminal Procedure Code,
1973.

1. When information about the commission of a cognizable offence is given orally, the
police must write it down.
2. It is your right as a person giving information or making a complaint to demand that the
information recorded by the police is read over to you.
3. Once the information has been recorded by the police# it must be signed by the person
giving the information.

5|Page
 4. You should sign the report only after verifying that the information recorded by the
police is as per the details given by you.
5. People who cannot read or write must put their left thumb impression on the document
after being satisfied that it is a correct record.
6. Always ask for a copy of the FIR, if the police do not give it to you. It is your right to get it
free of cost.

What should you mention in the FIR ?

1. Your name and address.

2. Date, time and location of the incident you are reporting.
3. The true facts of the incident as they occurred.
4. Names and descriptions of the persons involved in the incident.

"154. Information in cognizable cases.

(1) Every information relating to the commission of a cognizable offence, if 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 been entered in a book to be kept by such officer in such
form as the State Government may prescribe in this behalf.
(2) A copy of the information as recorded under sub-section (1) shall be given forthwith,
free of cost to the informant.
(3) Any person aggrieved by a refusal on the part of an officer in charge of a police station
to record the information referred to in sub- section (1) may send the substance of such
information, in writing and by post, to the Superintendent of Police concerned who, if
satisfied that such information discloses the commission of a cognizable offence, shall
either investigate the case himself or direct an investigation to be made by any police
officer subordinate to him, in the manner provided by this Code, and such officer shall

6|Page
 have all the powers of an officer in charge of the police station in relation to that
offence.’’

Sub-section (1) of Section 154 of [Link]. contains four mandates to an officer-in-charge of a

police station. The first enjoins that every information relating to commission of a cognizable
offence if given orally shall be reduced to writing and the second directs that it be read over to
the informant; the third requires that every such information whether given in writing or
reduced to writing shall be signed by the informant and the fourth is that the substance of such
information shall be entered in the station house diary.

FORMAT OF THE F.I.R

Book No. …………………

FORM NO. 24.5 (1)

FIRST INFORMATION REPORT

First Information of a Cognizable Crime Reported under Section 154, [Link] Police Station
……………….. District ………………. NO. …………….. Date and hour of Occurrence ……………..

1. Date and hour when reported

2. Name and residence of informer and complainant.
3. Brief description of offence (with section) and of property carried off# if any.
4. Place of occurrence and distance and direction from the Police Station.
5. Name & Address of the Criminal.
6. Steps taken regarding investigation explanation of delay in regarding information.
7. Date and Time of dispatch from Police Station.

Signature …………………...

Designation ………………..

(First information to be recorded below)

7|Page
Note:- The signature of seal or thumb impression of the informer should be at the end of the
information and the signature of the Writer of (FIR) should be existed as usual.

F.I.R - Salient Features

1. Information of cognizable Information offence can be given by any person to police having
Jurisdiction.

2. Despite F.I.R is outside the mischief of section 162 of [Link], still it is not substantive piece of
evidence; that is, it cannot vouch safe the truth of its contents. It has to be duly proved as any
other fact by evidence.

3. Police officer shall reduce such information in writing.

4. Informant’s signature must be obtained.

5. The contents of such information should be read over to Informant

6. such information must be entered in record by the police officer

7. Police officer shall give a copy of such information to the informant forthwith.

8. Original F.I.R must be sent to the Magistrate forthwith.

9. Despite a police officer refuses to register F.I.R, the aggrieved person can send such
information to the Superintend of Police by post.

10. If F.I.R is made immediately after the occurrence of an incident, when the memory of the
person giving it is fresh in his mind about the occurrence, the sanctity of such F.I.R will be
increased. That too F.I.R must not be made during the investigation.

Evidentiary value of FIR

8|Page
The value of F.I.R depends on the circumstances of each case, nature of the crime, information
and opportunity of witnessing the offence (AIR1973 SC 476)

F.I.R can be used

1. F. I. R. is not a substantive piece of evidence. It can be used either for corroboration under
Section 157, or for contradiction under Section 145 of the Evidence Act, of the maker of the
statement. (State Of Orissa vs Chakradhar Behera And Ors, AIR 1964, Ori 262)

3. It is a well settled law that the F.I.R. by itself cannot be used as a substantive piece of
evidence and it can only be used as a contradiction or corroboration thereof.

3. In some cases, F.I.R can be used as Dying Declaration. (Relevant section 32 (1) of Indian
Evidence Act)

4. If F.I.R is given by accused, it cannot be used either for corroboration or contradiction in case
it is affected by section 25 of Indian Evidence Act.

5. F.I.R can be used to prove motive.

6. F.I.R can be used to prove previous conduct of accused.

7. F.I.R can be used to show subsequent conduct of accused.

8. F.I.R can be used for cross-examination of informant who gave such information.

9. F.I.R got recorded by the police has been taken as dying declaration by the honorable
Supreme Court, when the person did not survive to get his dying declaration recorded.

10. Act of investigation and filing charge sheet are separate.

11. Whether investigation commenced or not is a question of fact.

12. F.I.R recorded investigation officer as narrated by eye witnesses, court should not start with
a presumption that it was false or fabricated.

9|Page
13. F.I.R recorded in course of investigation of cognizable offence -- Inadmissible.

14. F.I.R quashed due to inordinate delay in investigation not to be interfered with.

15. Person lodging F.I.R entitled to hearing, when on the basis of Police report, Magistrate
prefers to drop proceedings instead of taking cognizance of offence.

Object of the First Information Report

In the case of Habib v State of Bihar, the court said that the principle object of the first
information report from the point of view of the information is to set the criminal law in motion
and from the point of view of the investigating authorities is to obtain information about the
commission of a cognizable offence with a view to take suitable steps for tracing and bringing to
book the offender.

In the case of [Link] v State of Madras it has been held that another equally important
object of recording of the first information report is to obtain an early information of an alleged
offence from the informant and to put into writing the statement before his memory fails or
before he gets the time and opportunity to embellish it. The information so obtained is very
important for the accused also inasmuch as he is entitled to know what were the facts stated
immediately after the occurrence to connect him with the crime. It safeguards him against
subsequent variations, additions and alterations.

Effect of belated F.I.R. when fatal.

Now first information report is a report relating to the commission of an offence given to the
police and recorded by it under s. 154, Cr. P.C. As observed by the Privy Council in H.E. v.
Khawaja the receipt and recording of information report by the police is not a condition
precedent to the setting in motion of a criminal investigation. Nor does the statute provide that
such information report can only be made by an eye witness. First information report under s.
154, is not even considered a substantive piece of evidence. It can only be used to corroborate
or contradict the informant’s evidence in court. But this information when recorded is the basis

10 | P a g e
of the case set up by the informant. It is very useful if recorded before there is time and
opportunity to embellish or before the informant’s memory fades. Undue or unreasonable
delay in lodging the F.I.R., therefore, inevitably gives rise to suspicion which puts the court on
guard to look for the possible motive and the explanation for the delay and consider its effect
on the trustworthiness or otherwise of the prosecution version. In our opinion, no duration of
time in the abstract can be fixed as reasonably for giving information of a crime to the police,
the question of reasonable time being a matter for determination by the court in each case.
Mere delay in lodging the first information report with the police is, therefore, not necessarily,
as a matter of law, fatal to the prosecution. The effect of delay in doing so in the light of the
plausibility of the explanation for the coming for such delay accordingly must fall for
consideration on all the facts and circumstances of a given case.

The Hon’ble Supreme Court in the case of Thulia Kali v. State of Tamil Nadu stressed the
importance of making prompt report to the police regarding the commission of cognizable
offence. It was observed : ‘’First information report in a criminal case is an extremely vital and
valuable piece of evidence for the purpose of corroborating# the oral evidence adduced at the
trial. The importance of ‘the above report can hardly be overestimated from the standpoint of
the accused. The object of insisting upon prompt lodging of the report to the police in respect
of commission of an offence is to obtain early information regarding the circumstances in which
the crime was committed, the names of the actual culprits and the part played by them as well
as the names of eye witnesses present at the scene, of occurrence. Delay in lodging the first
information report quite often results in embellishment which is a creature of afterthought. On
account of delay, the report not only gets bereft of the advantage of spontaneity, danger
creeps in of the introduction of coloured version exaggerated account or concocted story as a
result of deliberation and consultation. It is, therefore, essential that the delay in lodging of the
first information report should be satisfactorily explained.’’

Delay in dispatch of FIR

11 | P a g e
‘’Fabricated and delayed FIR as a matter of fact has been the basic submission in support of the
appeal. it is now, however, well settled and we need not dilate on this score over again that
mere delay cannot be said to be fatal to a criminal prosecution. First Information Report cannot
but be termed to be the starting point and thus sets in motion of a criminal investigation. In this
context the observation of this Court in Apren joseph alias Current Kunjukunju & others vs. the
State of kerala seems to be rather apposite. In paragraph 11 of the report this Court stated as
below.’’. Now first information report is a report relating to the commission of an offence given
to the police and recorded by it under Section 154, Cr.P.C. As observed by the Privy Council in
Emperor v. Khawaja the receipt and recording of information report by the police is not a
condition precedent to the setting in motion of a criminal investigation. Nor does the statute
provide that such information report can only be made by an eyewitness. First information
repot under S. 154 is not even considered a substantive piece of evidence. It can only be used
to corroborate or contradict the informant’s evidence in court. But this information when
recorded is the basis of the case set up by the informant. It is very useful if recorded before
there is time and opportunity to embellish or before the informant’s memory fades. Undue or
unreasonable delay in lodging the FIR, therefore, inevitably gives rise to suspicion which puts
the court on guard to look for the possible motive and the explanation for the delay and
consider its effect on the trust worthiness or otherwise of the prosecution version. In our
opinion, no duration of time in the abstract can be fixed as reasonable for giving information of
a crime to the police, the question of reasonable time being a matter for determination by the
court in each case. Mere delay in lodging the first information report with the police is,
therefore, not necessarily, as a matter of law, fatal to the prosecution. The effect of delay in
doing so in the light of the plausibility of the explanation forthcoming for such delay accordingly
must fall for consideration on all the facts and circumstances of a given case.’’

Delay in giving information

‘’First information report in a criminal case is an extremely vital and valuable piece of evidence
for the purpose of corroborating the oral evidence adduced at the trial. The importance of
there port can hardly be overestimated from the standpoint of the accused. The object of
12 | P a g e
insisting upon prompt lodging of the report to the police in respect of commission of an offence
is to obtain early information regarding the circumstances in which the crime was committed,
the names of the actual culprits and the part played by them as well as the names of eye
witnesses present at the scene of occurrence. Delay in lodging the first information report quite
often results in embellishment which is a creature of afterthought. On account of delay, the
report not only gets bereft of the advantage of spontaneity, danger creeps in of the
introduction of coloured version, exaggerated account or concocted story as a result of
deliberation and consultation. It is therefore, essential that the delay in the lodging of the first
information report should be satisfactorily explained.’’

Conclusions

Therefore, in view of various counter claims regarding registration or non-registration, what is

necessary is only that the information given to the police must disclose the commission of a
cognizable offence. In such a Situation, registration of an FIR is mandatory. However, if no
cognizable offence is made out in the information given, then the FIR need not be registered
immediately and perhaps the police can conduct a sort of preliminary verification or inquiry for
the limited purpose of ascertaining as to the whether a cognizable offence has been committed.
But, if the information given clearly mentions the commissions of a cognizable offence, there is
no other option but to register an FIR, such as, whether the information is falsely given,
whether the information is genuine, whether the information is credible etc. These are the
issues that have to be verified during the investigation of the FIR. At the stage of registration of
FIR, what is to be seen is merely whether the information given ex facie discloses the
commission of a cognizable offence.

If, after investigation, the information given is found to be false, there is always an option no
prosecute the complaint for filing a false FIR.

13 | P a g e
 BIBLIOGRAPHY

1. [Link]
2. R. V. Kelkar’s Criminals Procedure 6th edition, 2014, Eastern Book Compony
3. Criminal Procedure code by Ratanlal & Dhirajlal
4. [Link]

14 | P a g e