First Information Report

By: Hifajatali Sayyed

 First Information Report
• The term F.I.R. or First Information Report has not been defined
by the Code of Criminal Procedure.

• However it refers to the information given to the Police and

is first in time relating to cognizable offence.

• The basic purpose of filing FIR is to set the criminal law into
motion.

• The term First Information Report is thus a technical description

of the report made out under sec 154 of CrPC giving the first
information of a cognizable crime to the Police.
 First Information Report
• Sec 154 (1) of CrPC states that “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 be entered in a book to be kept by such officer in such
form as the State Government may prescribe in this behalf.”
• Sec 154 (2) of CrPC states that a copy of the information as
recorded under sub-section (1) shall be given forthwith, free of cost,
to the informant.
 First Information Report
• Important aspects relating to FIR:

1. Information must have been given to the officer in charge of

Police Station.

2. Such information must relate to the commission of a

cognizable offence.

3. Such information must be an earliest report relating to

commission of a crime.

4. Such information must be in writing or reduced in writing if it

is oral.

5. Such information shall be read over to the informant.

 First Information Report
• Important aspects relating to FIR:

6. It must be signed by the person giving it.

7. The substance of the information must be shall be entered by

the Police in a book called Station Diary.

8. The copy of such information recorded should be given to the

informant forthwith and free of cost.
 First Information Report
 Criminal Law Amendment Act, 2013:

• There was an amendment in 2013 which provides that if the

information is given by the woman against whom an offence under
section 326A, section 326B, section 354, section 354A, section 354B,
section 354C, section 354D, section 376, section 376A, section 376B,
section 376C, section 376D, section 376E or section 509 of the
Indian Penal Code (45 of 1860) is alleged to have been committed or
attempted, then such information shall be recorded, by a
woman police officer or any woman officer.
 First Information Report
• It further states that if the offence is u/s 354-A,B,C,D or 376-
A,B,C,D,E or 509 and if the victim is temporarily or permanently
mentally or physically disabled, then such information shall be
recorded by a police officer, at the residence of the person
seeking to report such offence or at a convenient place of such
person‘s choice, in the presence of an interpreter or a special
educator.
• Also the recording of such information shall be videographed.
• The police officer shall get the statement of the person recorded by
a Judicial Magistrate under clause (a) of sub-section (5A) of
section 164 as soon as possible.
 First Information Report
• Sec 154 (3) states that if a Police officer refuses to record the
information than the aggrieved person 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 have all the powers of an officer in
charge of the police station in relation to that offence.
 First Information Report
• Object of FIR:
1) From the point of view of complainant the object of FIR is to set the
criminal law in motion.
2) From the point of view of investigating authority, the object is to
obtain information about the alleged criminal activity.
3) An object is also to record the facts and circumstances before there is
time for the informant to be forgotten.
4) From the point of view of the accused the object is to safeguard the
accused against subsequent additions and variations.
5) From the Court’s point of view the object is to make known to the
court where the case is going to be tried.
 First Information Report
 Who can Lodge FIR:

• Complainant who is an aggrieved person or some body on his

behalf.

• By any person who is aware of the offence as an eye witness or

as an hearsay witness.

• Provided the person in possession of the hearsay is required to

subscribe his signature to it and mention the source of his
information so that it does not amount to irresponsible rumour.
The rule of law is, if general law is broken any person has a right
to complain whether he has suffered an injury or not.

• By the officer-in-charge of Police Station.

 First Information Report
 Police officer’s power to investigate cognizable case:
• Sec 156 (1) of CrPC states that any officer in charge of a police station
may, without the order of a Magistrate, investigate any
cognizable case which a Court having jurisdiction over the local area
within the limits of such station would have power to inquire into or try.

• Sec 156 (2) states that no proceeding of a police officer in any

such case shall at any stage be called in question on the ground that
the case was one which such officer was not empowered under this
section to investigate.

• Sec 156 (3) states that any Magistrate empowered under section 190
may order such an investigation.
 Zero FIR
• Zero FIR is a FIR that can be filed in any police station regardless
of the place of incidence or jurisdiction. The same is later
transferred to the Police Station having competent jurisdiction after
investigation.

• The difference between Zero FIR from Ordinary FIR is that in the
latter, FIR is registered by a serial number in police station but in
the former one an FIR is instituted at any Police Station other than
the jurisdictional Police Station concerned, and such an FIR is
registered but not numbered. Such unnumbered FIR is then
forwarded to the concerned Police Station where it gets numbered
and further acted upon.
 Zero FIR
 Satvinder Kaur vs State (1999 (8) SCC 728)

• In this case the victim was forced to leave the matrimonial house in
Patiala. So an FIR was registered in Patiala based on allegations of
demanding dowry. Subsequently another FIR was registered u/s
498-A of IPC in Delhi where the victim was living with her parents.
Here the accused filed a petition u/s 482 of CrPC for quashing the
subsequent FIR on the ground that no part of the cause of action for
investigation or trial of an offence arose within Delhi. Here the High
Court quashed the F.I.R. on the ground that Investigating Officer at
Delhi was not having territorial jurisdiction. This order of the High
Court was challenged in the Supreme Court.
 Zero FIR
 Satvinder Kaur vs State Cont…

• Here the Supreme Court held that:

• The S.H.O. has statutory authority under Section 156 of the

Criminal Procedure Code to investigate any cognizable case for
which an F.I.R. is lodged.

• At the stage of investigation, there is no question of interference

under Section 482 of the Criminal Procedure Code on the ground
that the Investigating Officer has no territorial jurisdiction.

• This would be clear from section 156 of the Criminal

Procedure Code which empowers the Police Officer to investigate
any cognizable offence.
 Zero FIR
 Satvinder Kaur vs State Cont…

• If the Investigating Officer arrives at the conclusion that the

crime was not committed within the territorial jurisdiction
of the police station, then F.I.R. can be forwarded to the police
station having jurisdiction over the area in which crime is
committed. But this would not mean that in a case which requires
investigation, the police officer can refuse to record the FIR and/or
investigate it.
 Zero FIR
 Bimla Rawal vs State (NCT Of Delhi)
• In this case FIR was lodged in Delhi, despite the fact that all incidents
occurred in Mumbai. Writ Petition was filed in Court regarding the
mala fide intentions of police succumbing under the pressure of
opposite party. Supreme Court quashed the FIR filed at Delhi and
ordered to file a fresh FIR in Mumbai. In this case the police misused
the power of filing a Zero FIR at the behest of the opposite party.
• Here the Court stated that it is clear that the law is that police can
register an FIR of commission of a cognizable crime but after
registration of FIR, if on scrutiny or investigation, it is found that
crime was not committed within the jurisdiction of that Police Station
but was committed within the jurisdiction of some other Police Station,
the FIR should be transferred to that Police Station.
 Zero FIR
 Bimla Rawal vs State Cont…..

• However, if at the time of registration of FIR itself, it is apparent on

the face of it that crime was committed outside the jurisdiction of
the Police Station, the Police after registration of FIR should transfer the
FIR to that Police Station for investigation. Normally a 'Zero' FIR is
registered by Police in such cases and after registration of FIR, the FIR
is transferred to the concerned Police Station. However, it seems that
Delhi Police had invented another reason of invoking jurisdiction for
registration of FIR and that reason is if somebody has influence or
high connections in Delhi, FIR can be registered in Delhi and
investigation can be done by Delhi Police irrespective of fact
whether the crime was committed outside Delhi.
 First Information Report
 Lalita Kumari vs Govt.Of U.P [(2014) 1 SCC Cri 524]
• In this case the Supreme Court has given certain guidelines
regarding registration of FIR:
• Registration of FIR is mandatory under Section 154 of the Code, if
the information discloses commission of a cognizable
offence and no preliminary inquiry is permissible in such a
situation.
• If the information received does not disclose a cognizable offence
but indicates the necessity for an enquiry, a preliminary
enquiry may be conducted only to ascertain whether cognizable
offence is disclosed or not.
 First Information Report
 Lalita Kumari vs Govt.Of U.P Cont….
• If the inquiry discloses the commission of a cognizable offence, the
FIR must be registered. In cases where preliminary inquiry ends in
closing the complaint, a copy of the entry of such closure must
be supplied to the first informant forthwith and not later than
one week. It must disclose reasons in brief for closing the
complaint and not proceeding further.
• The police officer cannot avoid his duty of registering offence if
cognizable offence is disclosed. Action must be taken against erring
officers who do not register the FIR if information received by him
discloses a cognizable offence.
 First Information Report
 Lalita Kumari vs Govt.Of U.P Cont…
• The scope of preliminary inquiry is not to verify the accuracy or
otherwise of the information received but only to ascertain whether
the information reveals any cognizable offence.
• As to what type and in which cases preliminary enquiry is to be
conducted will depend on the facts and circumstances of each case.
The category of cases in which preliminary enquiry may be made are as
under:
a) Matrimonial disputes/ family disputes
b) Commercial offences
c) Medical negligence cases
d) Corruption cases
 First Information Report
 Lalita Kumari vs Govt.Of U.P Cont….
e) Cases where there is abnormal delay/laches in initiating criminal prosecution,
for example, over 3 months delay in reporting the matter without satisfactorily
explaining the reasons for delay
• While ensuring and protecting the rights of the accused and the complainant, a
preliminary enquiry should be made time bound and in any case it should
not exceed 7 days. The fact of such delay and the causes of it must be reflected
in the General Diary entry.
• Since the General Diary is the record of all information received in a
police station, we direct that all information relating to cognizable offences,
whether resulting in registration of FIR or leading to an inquiry, must be
mandatorily and meticulously reflected in the said Diary and the
decision to conduct a preliminary inquiry must also be reflected, as mentioned
above.
 First Information Report
 Dulal Chandra Ghosh vs State (1988 Cr.L.J 1835)

• In this case Police was informed that deceased had been

murdered and it was apprehended that there may be an attack as a
reprisal . On this information the Sub – Inspector went to spot
and started investigation. He recorded statement of
complainant in holding proceeding of inquest and got the case
registered on it . Held that it could not be F .I.R. and was hit by
S. 162 CrPC being during investigation.
 First Information Report
 FIR in Conspiracy cases:
 M. Rangarajulu vs State (1958 Cr. L. J 906)
• In this case the Court stated that a Police man passes through
three stages in conspiracy case; hears something of interest
affecting the public security and which puts him on the alert makes
discreet enquiries, subsequently he sets up information and in
the second stage of enquiry or look out he finally gathers sufficient
information enabling him to hit upon something definite and
that is the state when first information is recorded and then
investigation starts. Hence a preliminary enquiry made by the C.I.D.
Police into relative information floating about as to the existence of the
conspiracy, the names and other details of the conspirators not being
known at the time is not investigation carried out u/s 156 Cr.P.C
 First Information Report
 FIR in Corruption cases:

 Sirajuddin vs State [1971 Cr. L.J.523(S.C.)]

• In this case it was held that in cases of corruption, not registered on

traps laid, but on complaints, always a suitable preliminary
enquiry into the allegation is required. Such preliminary
enquiries are relevant before the registration of case and are
permissible under law. But as soon as it became clear to enquiring
officer that the public servant appeared to be guilty of severe
misconduct, it was his duty to lodge F.I.R. and proceed further in the
investigation.
 Delay in First Information Report
• The longer the delay , the stronger the suspicion. That the
case is false wholly or in material particulars, so the delay should
satisfactorily be explained.

• Care should always be taken that the names of witness are

mentioned in F.I.R. If the names of prosecution witnesses, do not
appear in it and they are examined later on , the presumption is that
they were not present at the spot and have been procured later on.

• Care should be taken that all the material facts are mentioned in
FIR.

• Names of the accused persons should occur in F.I.R. if possible.

 Delay in First Information Report
 Reasons of Delay:

• Physical condition of the informer.

• Psychological condition of the informer.

• Natural calamities.

• Distance of place of occurrence.

• Ignorance of law of informer.

• Late detection of commission of crime.

• Due to threat, promise and undue influence.

• Economic & social reasons.

 Delay in First Information Report
 Reasons of Delay:

• Dispute over the jurisdiction of Police Station.

• Uncertainty of place of occurrence due to continuous offence.

• Shortage of staff.

• Unavoidable departmental formalities (including delay due to

opinion of experts)
 Delay in First Information Report
 Gurbachan Singh vs. Satpal Singh and others (AIR 1990 SC 209)
• In this case the maternal uncle of the husband of the deceased informed the
father of the deceased of the fact of committing suicide by the deceased on June
25, 1983 at about 5.30 P.M. The father of the deceased immediately rushed to
the hospital with members of his family where his daughter was brought. He
stayed there the whole night with his wife and other members of the family near
the dead body of his deceased daughter and on the next day till the dead body
was handed over to him after completion of post mortem in the afternoon.
The Asstt. Inspector of Police reached the hospital on the next day i.e. on June
26, 1983 and got the statement of father of the deceased recorded there. This
statement was treated as FIR. In the circumstances, the court held that it
cannot be said that there has been any delay in reporting the incident to
the police station.
 Delay in First Information Report
 State of Rajasthan vs. Narayan (AIR 1992 SC 2004)

• In this case, there was delay of two days in reporting the

incident to the police in a case under Section 376 of IPC. It was
held by the Supreme Court that the victims of rape ordinarily
consult relatives and are hesitant to approach police
since it involves the question of morality and chastity of
women. The woman and her relatives have to struggle with
several situations before deciding to approach police, more so
when the culprit happens to be relative. In such case, the
delay is understandable and hence merely on that ground the
prosecution version cannot be doubted.
 Delay in First Information Report

 Vidyadharan vs State of Kerala (AIR 2004 SC 636)

• In this case, the Court held that delay in lodging First

Information Report in sexual offences can be due to
variety of reasons particularly the reluctance of the victim or
her family members to go to the Police Station and complain
about the incident which concern the reputation of the victim
and the honour of the family.
 Information in Non-Cognizable Cases

 Sec 155 (1) of CrPC states that when information is given to an

officer in charge of a police station of the commission 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.

 Sec 155 (2) of CrPC states that police officer shall not
investigate a non-cognizable case without the order of a
Magistrate having power to try such case or commit the case
for trial.
 Information in Non-Cognizable Cases

 Sec 155 (3) of CrPC states that 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.

 Sec 155 (4) of CrPC states that 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.

 Example, a case alleging commission of offences under Sections 494

and 498-A, IPC could be investigated by the police, though offence
under Section 494 is non-cognizable.
 Information in Non-Cognizable Cases
 S. Masthan Saheb v. P.S.R. Anjaneyulu (2003 CriLJ 248
Andhra)
• In this case the Court observed that as a necessary corollary, it must
be concluded that any effort on the part of police ‘to look into’
any complaint by a person which does not contain allegations of
commission of cognizable offences would violate the
provision contained in Section 155 (2) of CrPC. There is no
presumption in law that every rift in human relations would lead
to a civil dispute and a civil dispute would likely to result in
offences, against human body. Any such effort on the part of police
to look into the complaints regarding civil disputes is not even the
part of the code of conduct of the police
 Information regarding Unnatural Death
 If a person dies naturally, then there lies no suspicion so as to
the death of the person. But in case of unnatural death, the death
is caused due to circumstances which needs to be explained and
examined. There lies a obligation on the state to secure the
health and life of every citizen of the country. If any crime is
committed, the crime is against the state. If a person dies due to
unnatural circumstances, the state is burdened to identify the
cause of death and if there lies a suspicion as to the cause of death,
the state must take appropriate steps to punish the guilty.
 In order to provide for the procedure in case a person dies
unnaturally, Section 174 was created that lays down the
procedure that the police officer and the Magistrate must
follow in case of unnatural deaths.
 Information regarding Unnatural Death
 Sec 174 (1) of CrPC provides that when the officer in charge of a
police station receives information that a person has committed
suicide, or has been killed by another or by an animal or by
machinery or by an accident, or has died under
circumstances raising a reasonable suspicion that some
other person has committed an offence, he shall immediately give
intimation thereof to the nearest Executive Magistrate
empowered to hold inquests.
 Information regarding Unnatural Death
 For the purpose of the unnatural deaths, the executive
magistrate upon the intimation by the Station House Officer or
some other Police Officer specially empowered by the State
Government, shall prepare an inquest report which shall
contain all the details regarding the cause of death of a
person. Inquest report is prepared by District Magistrate,
Additional District Magistrate, or Sub-divisional Magistrate,
especially empowered in this behalf by the State Government when
the deaths are sudden and unexplained.
 Information regarding Unnatural Death
 For preparing the report, the magistrate shall be investigating the
cause of death. In the report, the magistrate must describe the
apparent cause of death where he shall describe the smallest of
details that he comes across upon investigation of the dead
body. Some of the details that the magistrate must describe are:

• Nature of surrounding where the dead body is found.

• Any wounds, fractures, bruises, and other marks that may be

found on the body. The magistrate must state the manner in which
any wound or injury or any other mark happened to be on the body.

• The marks if caused by any weapon or an instrument.

 Information regarding Unnatural Death
 Duties of Magistrate u/s 174:

• The magistrate shall examine the body and upon investigation

conclude as to the reason which caused the death of the person.

• The Executive Magistrate has limited powers u/s 174 to ascertain

the cause of death and does not have the authority under this
section to trace the person who has so caused the death.

• If no foul play is found in the death of the person, the dead body
must be handed over to the legal heirs of the deceased.

• In cases where there is suspicion over the death of the deceased,

then the dead body must be sent to the Government Medical
Officer for post mortem.
 Information regarding Unnatural Death
 Duties of Magistrate u/s 174:

• The magistrate must conduct the investigation in presence of two

or more respectable inhabitants of the neighborhood.

• The report must be prepared by the magistrate in a prescribed

format.

• On completion of the report, the magistrate must get such report

signed by the police officer who informed him of the death
and the other persons as well who were part of the
investigation. The report must be then forwarded to the
District Magistrate or the Sub-divisional Magistrate
 Information regarding Unnatural Death
• Sec 174 (3) of CrPC was amended by the Criminal Law
Amendment Act, 1983. It provides that if the case is relating to the
death of a woman within seven years of her marriage in any
circumstances raising a reasonable suspicion that some other
person committed an offence in relation to such woman, then the
police officer shall send the body for examination by the
nearest civil surgeon or other qualified medical man appointed in
this behalf by the State Government, if the state of the weather
and the distance admit of its being so forwarded without risk of
such putrefaction on the road as would render such examination
useless.