F.I.R. – Setting the Criminal Law in motion
F.I.R. – Setting the Criminal Law in motion
Author : Ashutosh Sharma of ICFAI UNIVERSITY DEHRADUN
INTRODUCTION
F.I.R. stands for ‘First Information Report’. The first information report means any information, in particular the first information about the commission of an alleged offence recorded by a police officer, given either by the victim or any informant.
In legal terms, the information given to the officer-in-charge of the police station about the occurrence of a cognizable offence is known as first information. The information should be reduced to writing as required by Sec. 154, Cr.P.C.
The object of the first information is to set the criminal law in motion[1]. On the basis of the first information report, the police starts to investigate the matter.
The very object of insisting on first information regarding the commission of offence is to obtain early information regarding the alleged criminal activity and to record the circumstances before allowing time for the parties concerned to hamper the case[2].
Acc. to Section 154 of the Code of Criminal Procedure, 1973 the definition first information states that:
- Every information referring 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 each information, whether given in writing or reduced to writing as aforesaid shall be signed by the person giving it, and also the substance thereof shall be entered in a very book to be kept by such officer in such form as the State Authorities may prescribe during this behalf.
- A copy of the information as recorded under sub-section (1) shall be given, freed from cost, to the informant.
- Any individual aggrieved by a refusal on the part of a police officer to the record the information referred to in sub-section(1) may send the report of such information, in writing to the Superintendent of Police concerned, who if satisfied that such information is referring to an occurrence of a cognizable offence shall either investigate the case himself or direct an investigation to be made by any police officer subordinate to him, within the manner provided by this code, and such officer shall have all the powers of an officer-in-charge of the station in relation to that offence.
ESSENTIALS REQUIRED TO BE A F.I.R
The following conditions if fulfilled, then the information reported is termed as ‘First Information Report’ within the meaning of S. 154 Cr.P.C-
- The information provided by the victim or the informant must be related to the commission of a cognizable offence.
- The information provided by the victim or the informant must be given to an officer-in-charge of a police station or to be given to another police officer under his direction.
- The information provided by the victim or the informant must be reduced to writing either by himself or under his direction.
- The information recorded must be read over to the person who lodged the F.I.R. if it is written under his direction.
- The information provided must be signed by the person who lodged the F.I.R.
- The substance of the data recorded in the police diary should be entered in a book to be kept by an officer-in-charge of the police station in such a form as the State Authorities may prescribe in this behalf.
WHAT IS NOT A F.I.R.?
Following are the reports or statements which do not amount to be a F.I.R.:-
- Unless an information is regarded as cognizable offence and is given to a police officer, orally or in writing, that information is not a F.I.R.[3]
- A statement of a witness or accused made to a police officer after he started the investigation is not an F.I.R.[4]
- Reports of eye-witnesses recorded after the start of an investigation would be statement recorded U/s. 162 of the Cr.P.C. and not an F.I.R.
- A cryptic message meant to be an appeal for immediate relief is not an F.I.R.[5]
- Complaint by the aggrieved person to the Magistrate concerned cannot be termed as F.I.R.
- An anonymous oral message by a telephone which did not specify the occurrence of a cognizable offence is not an F.I.R.[6]
- Information received at police station prior to lodging of an F.I.R.
F.I.R. – CONTENTS
The F.I.R need not give every detail of offence and need not be encyclopaedic[7].Though it is true that the F.I.R. need not contain all the details, but depending on the nature of the incident it may be expected that the incident should be narrated in some detail as otherwise it may be difficult for the trial judge to find out the truth[8]. The F.I.R. as it reaches the Magistrate contains three elements:
- The information referring to the commission of a cognizable offence, received by the police, which is typically called the complaint.
- The record of that information by the police as contemplated U/S. 154 of the Cr.P.C.
- The report of the officer-in-charge of the police station as per S. 157 of the Cr.P.C.
DISPATCH OF F.I.R TO MAGISTRATE & THE EFFECT OF DELAY IN FILING.
The F.I.R. must be sent to the Magistrate concerned without any delay. An unexplained delay in lodging and sending the F.I.R. to the Magistrate can be harmful to the prosecution case.
The original report U/s. 154 of the Cr.P.C. is an important document and having special importance which should be dispatched by the investigating officer without any delay to the Magistrate and it should be signed by the Magistrate with proper mentioning of time and date of their receipt[9].
Delay in filing F.I.R. -The lodging of the report may not by itself be fatal to the case of the prosecution, but the delay can’t be ignored and has to be considered in each case and is a matter of appreciation of evidence by the court of the fact (trial court). On the facts of particular case, the Hon’ble Supreme Court held that the F.I.R. lodged eight days after the alleged occurrence, for which no satisfactory explanation was rendered, hence, benefit of doubt must be extended to appellants. Circumstances, under which delay may be condoned, stated by the Hon’ble Court [10].
Delay in sending F.I.R. to the Magistrate – The delay in sending the copy of F.I.R. may by itself not render the whole of the case of the prosecution as doubtful but shall keep the court on guard to find out as to whether the facts stated in the Court was the same facts as earlier reported in the First Information Report or was hampered. In cases where there is some delay in dispatch of the F.I.R. to Magistrate and its receipt by it, that alone cannot be a ground for dismissing a prosecution case. However in cases where the court doubts the veracity of the prosecution case, this may be taken to be one of the grounds to discard the same[11].
Also, the Court holidays cannot be used as an excuse for the delay in sending the F.I.R. to the Magistrate because according to the law the F.I.R. should reach the Magistrate as soon as possible without delay[12].
USE OF F.I.R.
F.I.R. is not a essential part of the evidence but it can be used in the following ways:
- For affirmation purposes i.e. to confirm the statement of the maker thereof U/s 157 of the Indian Evidence Act but not of any other witness.
- For contradicting the evidence of the person giving the information in accordance with S. 145 of the Indian Evidence Act.
- For providing as an admission against the informer U/s 18, 21 of the Indian Evidence Act.
- For refreshing the memory of the informer U/s 159 of the Indian Evidence Act.
- For impeaching the credit of an informer U/s 155 of the Indian Evidence Act.
- For proving informers conduct U/s 8 of the Indian Evidence Act.
- For establishing identity of accused, witness and for fixing spot and time as relevant facts U/s 9 of the Indian Evidence Act.
- In certain cases as F.I.R. can be used U/s 11 of the Indian Evidence Act.
F.I.R. IN NON-COGNIZABLE OFFENCES
When a Police officer finds it necessary to put information before a Magistrate in a non-cognizable case, he may U/s 190 (1) (b) of the Cr.P.C. make a report back to the Magistrate in writing of the facts which constitute such offence.
Where a non-cognizable case has been investigated without an order from a Magistrate, a charge-sheet submitted, cognizance taken and therefore the case proceeded to the termination of the trial dose not vitiate unless and until prejudice is caused to the accused[13].
GIVING WRONG F.I.R IS PUNISHABLE
Giving a wrong F.I.R only to cause harm with none real state of facts and occurrence of a cognizable offence is punishable U/s 182 of the Cr.P.C.
S.182: Whoever gives to any public servant any information which he knows or believes to be false, intending thereby to cause, or knowing it to be likely that he will thereby cause such public servant:
- to do or omit anything which such public servant ought to not do or omit if the verity state of facts respecting which such information is given were known by him, or
- to use the lawful power of such public servant to the injury or annoyance of any individual , shall be punished with imprisonment of either description for a term which might touch six months, or with fine which might be one thousand rupees, or with both.
[1] Ramakant Singh Vs. State of Bihar, 2006 Cri.L.J.4752(Pat.)
[2] AIR 1956 Mys. 51
[3] State of Gujarat Vs. Satar Ibublim, 1984
[4] AIR 1959 Cal. 34:1974 Cri.L.J. 849
[5] Nemai Adak Vs. State, AIR 1970 SC 1566.
[6] 2009 (2) Crimes 425(SC).
[7] Umar Mohammed Vs. State of Rajasthan, 2008 Cri.L.J. 216(SC).
[8] AIR 2006 SC 2747 = 2006 Cri.L.J.
[9] 1974 L.W. (Crl.) 190
[10] 2007 (1) SCC (Cri) 546=AIR 2007 SC 155
[11] 2002 Cri.L.J. 1844 = AIR 2002 (SC) 1468.
[12] AIR 2001 SC 990 = 2001 Cri.L.J. 1176
[13] AIR 1959 SC1118 = 1959 Cri.L.J. 1368.