UNIT 3
Concept of FIR, Procedure for recording of FIR, Affect of Delay in Recording of FIR,
Evidentiary Value of FIR
What is FIR?:
The term ‘First Information Report’ has not been defined in the Code. 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
first information report, the police commences its investigation.
It may be defined as follows:
• It is a piece of information given to the police officer.
• The information must relate to a cognizable offence.
• It is a piece of information reported first in point of time.
• 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.’
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.
Hence, Sec. 154 has a three-fold object, which is:
• 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.
Who can lodge the FIR?:
Any person who knows the commission offence can lodge FIR.. If the police officer
heard about the commission of cognisable offence from a third person he can lodge
FIR. Section 154 crpc does not want that only victim or eye witness shall furnish the
information. The informant should disclose the source of information while
recording the first information report under section 154 [Link] Superintendent of
Police, CBI v. Tapan Kumar Singh, (2003) 6 SCC 175 the Supreme Court
held that anyone can lodge FIR even a person who does not know the
name of the victim and accused.
What happens after an FIR is filed?:
▪ The police will investigate the case and will collect evidence in the form of
statements of witnesses or other scientific materials.
◦ They can arrest the alleged persons as per law.
▪ If there is sufficient evidence to corroborate the allegations of the complainant,
then a charge sheet will be filed. Or else, a Final Report mentioning that
no evidence was found will be filed in court.
▪ If it is found that no offence has been committed, a cancellation report will
be filed.
▪ If no trace of the accused persons is found, an ‘untraced’ report will be filed.
▪ However, if the court does not agree with the investigation report, it can order
further investigation.
What if the police refuse to register an FIR?:
• Under Section 154(3) CrPC, if any person is aggrieved by the refusal on the
part of the officer in charge of a police station to register an FIR, she can send the
complaint to the Superintendent of Police/DCP concerned.
• Who, if satisfied that such information discloses the commission of a cognizable
offence, will either investigate the case, or direct an investigation by a subordinate
police officer.
• If no FIR is registered, the aggrieved persons can file a complaint under Section
156(3) CrPC before a concerned court which, if satisfied that a cognizable
offence is made out from the complaint, will direct the police to register an FIR
and conduct an investigation.
What is a Zero FIR?:
• When a police station receives a complaint regarding an alleged offence that has
been committed in the jurisdiction of another police station, it registers an
FIR, and then transfers it to the concerned police station for further
[Link] is called a Zero FIR.
• No regular FIR number is given. After receiving the Zero FIR, the concerned
police station registers a fresh FIR and starts the investigation.
Procedure for recording FIR?:
[Link]/filing of FIR:
According to section 154 crpc, any person can inform the officer in charge of police
station about the commission of a cognisable offence. He must give such an
information with the intention to lodge FIR. The procedure for recording FIR as
given in section 154 crpc is very simple. Informant can furnish the information
either orally or in writing.
Duties of police officer towards the recording of FIR
• When the police officer receives oral information he shall reduce it into writing.
• In case of written information the police will record it under section 154 crpc
• Police officer shall read over the information to the informant or complainant
• The police officer shall take signature or thumb impression of the informant
• Thereafter, the police will record the substance of information in General Diary
• Police officer will give a copy of FIR to the informant at free of cost.
Reading over the FIR
Reading over the information is mandatory because it prohibits the police officer
from manipulating the information during the process of recording. Police officer
cannot change the oral version of information while reducing it into writing.
Signature or thumb impression of informant
Signature or thumb impression of information is mandatory because informant, at
the later stage, cannot question the genuineness of FIR. However, the FIR is not an
encyclopedia of the offence but its sanctity must be preserved at the stage of trial
therefore, signature of informant has been made mandatory.
During the trial, the court may use the FIR to contradict the informant under
section 145 Indian Evidence Act, when he appears as a witness.
FIR sets the criminal law in motion and enables the police officer to start the
investigation immediately. Therefore, section 154 crpc devises a very simple
procedure to get the information towards the commission of offence as soon as
possible.
Registry of cases when the boundaries/Limits of the police station are
doubtful :
It shall be remembered that the SHO of a Police Station has doubts about the limits
of his station, where a crime is reported and that it should not be a cause to direct
the complainant to go and lodge a complaint at another Police Station.
(i). When a crime has been committed close to a boundary between stations and it is
at first doubtful in which station limit it occurred, the Police to whom it is first
reported shall register the case and take up the investigation, the station which
should retain it being subsequently settled.
(ii). As far as offences on railway line are concerned, the cases shall be registered
and investigated by the local Police, as there is no railway Police in this territory.
2. Preliminary Investigation:
In circumstances like Murder, housebreaking, and other cognizable offences the
police van will make a visit to the PLACE OF OCCURENCE and take an on-ground
analysis of the actual circumstances.
Here, the visiting police officers may talk to the witnesses, neighbours, collect
evidence, record statements, and even make arrests. Depending on the facts of each
case.
[Link] a report:
After the preliminary investigation is over, the police will have to present a report to
the magistrate concerned about the case.
Here, the reports may be of two kinds:
1. Closure report
2. Charge Sheet or final Report
A closure report refers that no evidence was found against the accused and the
police have no reason why the trial should be conducted.
On the other hand, A charge sheet is a detailed report of the offences allegedly
committed and the evidence found therein. It may contain all the panchnamas, list
of witnesses, details of charges slapped and etc.
4. Submission of Investigation Report:
If the alleged offence is punishable with imprisonment of 10 years or above, the
charge sheet must be filed within 90 days of registration of the FIR otherwise within
60 days.
5. Magistrate Decides:
After receiving the Final Report from the police the magistrate decides further
actions.
If a closure report is received, the magistrate may trust the report and close the case
or he may direct re-investigation or he may take up cognizance of the case and
summon the accused directly.
A closure report may also be challenged by the Informant or the Complainant who
has filed such FIR. [Bhagwat Singh vs Commissioner Of Police]
In the case of Chargesheet, the magistrate will take cognizance of the case and
proceed with the trial of the case.
6. Getting the LAWYERS INVOLVED
7. Opening of the CASE
8. Discharge
9. Framing of Charges
10. Conviction of Plea of guilty
11. Final Judgement: After following the due procedure and keeping in view of
the Principles of Natural Justice, a final judgment is delivered. Section 235 –
Judgment of acquittal or conviction
The Supreme court judgment reads and explains the procedure after
Filing an FIR very clearly. ( Bhagwat Singh vs Commissioner Of Police)
[Link] the report forwarded by the Officer-in-charge of a police station to the
Magistrate under sub section (2) (i) of section 173 comes up for consideration by the
Magistrate, one of 2 different situations may arise.
The report may conclude that an offence appears to have been committed by a
particular person or persons and in such a case, the Magistrate may do one of 3
things:
(1) he may accept the report and take cognizance of the offence and issue process or
(2) he may disagree with the report and drop the proceeding or
(3) he may direct further investigation under sub-section of (3) 0f section 156 and
require the police to make a further report.
[Link] report may on the other hand state that, in the opinion of the police, no
offence appears to have been committed and where such a report has been made,
the Magistrate again has an option to adopt one of 3 courses:
(1) he may accept the report and drop the proceeding or
(2) he may disagree with the report and taking the view that there is sufficient
ground for proceeding further, take cognizance of the offence and issue process or
(3) he may direct further investigation to be made by the police under sub-section
(3) of section 156.
Where, in either of these 2 situations, the Magistrate decides to take cognizance of
the offence and to issue process, the informant is not prejudicially affected nor is
the injured or in case of death, any relative of the deceased aggrieved,\because
cognizance of the offence is taken by the Magistrate and it is decided by the
Magistrate that the case shall proceed.
The Court is accordingly of the view that in a case where
the Magistrate to whom a report is forwarded under subsection (2) (i) of section 173
decides not to take cognizance of the offence and to drop the proceedings or
takes the view that there is no sufficient ground for proceeding against some of the
persons mentioned in the FIR, the Magistrate must give notice to the informant and
provide him an opportunity of being heard at the time of consideration of the
report, and the difficulty of service of notice on the informant cannot possibly
provide any justification for depriving the informant of the opportunity of being
heard at the time when the report is considered by the Magistrate.
Evidentiary Value of FIR
The FIR is the first version of the incident as received by the [Link] FIR is not a
substantive piece of evidence. The Court has to consider other evidence for deciding
whether a case should stand or fall. An FIR, being not a substantive evidence, it can
be used as a previous statement for the purposes of either corroborating its makers
or for contradicting him.
Evidentiary Value Of FIR :
FIR is important evidence but it cannot be considered as a substantive piece of
evidence. This is because under FIR –
[Link] are not made under oath.
[Link] have no cross-examination in court.
[Link] are not made during the proceedings and trial.
Yet, the evidentiary value of FIR is important than any other statement in
cognizable offences or during the investigation because –
[Link] corroborate statements made by the informant
[Link] refresh the informant’s memory
[Link] cross-examination statements recorded by the informant
[Link] impeach the creditworthiness of the informant
[Link] ascertain the information related to the commission of an offense.
In, Pandurang Chandrakant Mhatre v. the State of Maharashtra it was
held that FIR is not a substantive piece of evidence. It can only be used to impeach
the credibility of the testimony recorded by the maker but it cannot be used for
contradicting the testimony of other witnesses.
Exceptions Where FIR Is Accepted As Evidence:
FIR can be accepted as substantial evidence –
[Link] the declaration is made by the person who is dead.(that is, a dying
declaration). In such case FIR will become admissible under Section 32(1) of
the Indian Evidence Act, 1872.
[Link] the incident took place in the presence of Station House Officers and the
injured person makes the statement to the officer.
[Link] the informant does not remember the facts but is sure about the facts
stated in the FIR.
Case Study : FIR as substantive evidence
Machchi Singh v. State of Punjab,AIR 1983
Dying Declaration In FIR:
The term Dying Declaration means any written or verbal statement made by the
person who is dead or the person who died while explaining the facts of his death.
This concept was evolved from a legal maxim, which means a man will not meet his
maker with a lie in his mouth. Section 32(1) of the Indian Evidence Act,
1872 deals with the concept of dying declaration, and the statements are assumed
to be relevant.
Evidentiary value of dying declaration:
In, K.R Reddy v. Public Prosecutor The court observed the evidentiary value of
dying declaration that the dying declaration is permissible under Section 32, and
through cross-examination, the truth could be tested as the statement is not made
on oath. Before acting upon it, the closest inspection of the statement should be
observed by the court. It is also assumed that the statement given by a dying person
is of serious nature as the person is not likely to lie when he is on the verge of death.
The statement is enough to prove the conviction if the court is satisfied that the
dying declaration is true and not influenced.
A dying declaration can be recorded by a doctor or a public servant if the victim is
hospitalized and wants to make a statement. It is recommended to make a dying
declaration to a magistrate or in his presence but if this is not possible it can be
recorded by the public servants. Even though the dying declaration by police
officers is inadmissible in the court but due to circumstances, the court has to
consider such declaration.
In, Maniram v. State of Madhya Pradesh The dying declaration was
documented by a doctor without authentication of the conscience report of the
deceased as well as there was no thumb impression on the declaration. The
credibility of the FIR was lost in this case.
In Khushal Rao v. State of Bombay Apex Court laid down the following
principles related to dying declaration :
(i) There is no absolute rule of law that a dying declaration cannot be the sole basis
of conviction unless corroborated. A true & voluntary declaration needs no
corroboration.
(ii) A dying declaration is not a weaker kind of evidence than any other piece of
evidence;
(iii) Each case must be determined on its own facts keeping in view the
circumstances in which the dying declaration was made.
(iv) A dying declaration stands on the same footing as other pieces of evidence &
has to be judged in the light of surrounding circumstances & with reference to the
principle governing the weight of evidence.
(v) A dying declaration which has been recorded by a competent Magistrate in the
proper manner, that is to say, in the form of questions and answers, & as far as
practicable in the words of the maker of the declaration stands on a much higher
footing than a dying declaration which depends upon oral testimony which may
suffer from all the infirmities of human memory & human character.
Conclusion:
Fir is an important report, it can be provided as valuable evidence duly reported.
FIR, under Section 145 of the Indian Evidence Act, 1872 can contradict the witness
if the informant is present as a witness during the trial; under Section 157 of the
same Act, it can corroborate the informant. In some cases, FIR can be considered as
Substantial Evidence but mostly it is just an important piece of evidence. Therefore,
it is necessary to lodge an FIR against any crime by the police officers and to initiate
the investigation.
Affect of Delay in Recording of FIR
Rapid lodging of information of commission of cognizable offence at the foremost
available opportunity is believed to be true version without any addition,
exaggeration and concoction. The probabilities of missing links outside influence
after thought and additions are eliminated, where the memory is garden-fresh and
information is given without any loss of time. "In past there was many difficulties in
registering a case, as distance of Police Station and Place of occurrence, transport
and transmission mediums, but some of these factors have been ended by the lapse
of time.
Objective of Recording FIR:
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.
Hence, Sec. 154 has a three-fold object, which is:
• 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.
Delay in lodging FIR can be of 3 types:
1. Delay in lodging First Information Report by informant;
2. Delay in recording First Information Report by the officer-in-charge of the
police station;
3. Delay in dispatching the First Information Report to the Magistrate.
1. Delay in Lodging FIR by Informant
There is no length of time which is set either by the legislature or the judiciary for
giving information of a crime to the police. However, it has been observed that FIR
has to be filed within reasonable period. Even a lengthy delay in lodging FIR in
murder can be excused if witnesses have no object of implicating the accused and
have given acceptable justification for delay.
Although FIR is not fundamental an evidence, it cannot be refuted that it has
probative worth. If there is unexplained interval in lodging FIR, it can be deadly to
the prosecution case. Although gap in filing FIR does not result in quashing the FIR
but nonetheless it gives rise to suspicion which puts the court on guard to look for
the likely motive. Delay in giving first information can be overlooked if there is
reasonable explanation.
2. Delay by Police in Recording FIR by Police in Charge
if the information disclosing cognizable offence is laid before a police officer in
charge of a police station fulfilling the requirements of Section 154(1) of CrPC the
said policeman has no other option except to enter the material thereof in
prescribed form that is to record a case on basis of such material.
In many cases where police officer decline to register an FIR the issue does not
reach the court and criminal goes scot free. Refusal to register an FIR is a failure of
duty of the officer.
3. Delay by Police in Forwarding FIR To Magistrate
After lodging of FIR, the involved Police Officer is required under the Law to direct
a copy of the FIR to the Area [Link] in forwarding the print of the FIR to
the Illaqa Magistrate, that condition alone would not defeat the other credible
evidence on record. It would only show how in such a grave offence, the
Investigating Agency was not cautious and rapid as it ought to be.
While it is true that Section 157 of CrPC makes it obligatory on the officer in charge
of the police station to send a report of the information received to a Magistrate
forthwith, but that does not mean and imply to denounce and discard an otherwise
positive and trustworthy evidence on record.
Affect of delayed FIR on the trial:
The law has not fixed any time for lodging the FIR. Hence a delayed FIR is not
illegal perse. Of course, a prompt and immediate lodging of the FIR would be
beneficial to prosecution.
The affects of delayed FIR may be evaluated from a separate angle which is largely
concerned with the types and nature of the crime. In rape cases delay is not deemed
fatal because due to societal condition prevalent in the Nation, there may be delay
in lodging FIR of such an offence to the police.
All the crimes except rape may be clustered into 2 groups to decide largely whether
delay in lodging FIR in a specific case is serious or not.
1st category is of those wrongdoings where the commission of the offence is not
essentially in dispute or even if it is doubtful the commission of offence could be
established categorically with the help of evidences. For eg. Homicidal death is
barely disputed and if it is pleaded that death is not homicidal but suicidal then the
type of death could be founded with the help of medical evidences. In this type
crimes, issue of manipulation regarding the commission of the offence arises
[Link], delay in lodging FIR in such type cases is not believed to be much
critical.
2nd category consists of crimes such as theft, attempt to murder etc. where the fact
of commission needs adequate corroboration. The crimes which falls under second
category requires speedy FIR and unreasonable delay would signify against the
prosecution case since in such type of offences there are probabilities of
manipulation regarding the commission and the people involved in the crime. Delay
in lodging FIR in such kind of crimes is considered to be fatal.
Reasonable explanations of delay in FIR:
1. Fear of accused persons. - Psychological cause of delay.
2. Fear of damage of family honour in rape cases. - Psychological cause of delay.
3. Due to shock of murder. - Psychological cause of delay.
4. Due to infliction of grievous injuries, to the injured person. - Physical cause of
delay.
5. When Husband himself burns his wife.
6. When facts mentioned in the FIR cannot be changed by mere delay. -
Circumstantial cause of delay.
7. Long distance of police from the place of occurrence. - Geographical cause of
delay
8. Because of night and the Police station is situated at very far distance. -Seasonal
cause of delay.
9. Rough Road. - Geographical cause of delay.
10. Bad weather. - Seasonal cause of delay.
11. Non-availability of transport. -Geographical cause of delay.
12. When the informants did not know the FIR was necessary to lodge.