We have all come across the word ‘FIR’ while watching an Indian Crime TV series or reading a crime thriller. While thinking of it, most of us would picture a crying victim narrating the events of a supposed crime to a disinterested police officer.
But, what is actually an FIR? When can we lodge it? What is its importance? What are the remedies available to us if we are denied our right to lodge an FIR?? These are perhaps some of the FAQs that pop up in the minds of laymen and this article aims at answering all those Whys and Whens.
Explanation of the term “FIR”:
First Information Report or FIR is not defined in the Code of Criminal Procedure, 1973. However, for understanding, it may be defined as follows:
- It is an information which is given to the police officer.
- Information must relate to a cognizable offence.
- It should be an information first in point of time.
- It is on the basis of this information that investigation into the offence is to start.
Thus, the information given to a police officer and reduced to writing required for the purposes of Section 154 of the CrPC, is called the “First Information Report.”
Note: A cognizable offence in simple words means an offence in which arrest is made by police without any warrant. The information of commission of cognizable offence can be given either orally or in writing. However when the information is given orally the same is required to be reduced to writing by the police officer and making use of exactly the same words of the informant. Also the substance thereof shall be entered in a book to be kept by such officer and to be recorded in the manner as prescribed by the state government.
Moreover, a copy of the information as recorded shall also be given forthwith, free of cost, to the informant.
Who can lodge an FIR?
Information about a cognizable offence can be given by anyone who has knowledge of the commission of the offence and need not necessarily have to be the eye-witness or the victim.
What may be recorded in an FIR ?
An FIR is to constitute of the following essential ingredients:
- Particulars of the informant
- Particulars of the person(s) to have committed the offence or if such particulars are unknown to the informant, the descriptive details of the offender
- The time of commission of the offence and in case of delay in lodging the FIR, reasons of such delay
- Place of commission of the offence that would determine the jurisdiction of the police station to investigate the offence
- Particulars of the alleged victim
- Manner of commission of the offence
- Details of witnesses present
- Traces left behind by the offender, if any
- Other necessary information that is known by the informant
Where can FIR be lodged?
The general rule is that, the information about the offence committed is to be given to the police station having territorial jurisdiction where the offence has been committed. But, this does not mean that it cannot be lodged elsewhere.
Object of FIR:
The purpose of lodging of FIR is:
(1) To reduce the substance of information disclosing commission of a cognizable offence, if given orally, into writing.
(2) If given in writing, to have it signed by the complainant.
(3) To maintain record of receipt of information as regards commission of cognizable offences.
(4) To initiate investigation on receipt of information as regards commission of cognizable offence.
What is the remedy available in case of refusal to record FIR?
According to Section 154(3) of CrPC, if any person is aggrieved by a refusal on the part of an officer-in-charge of a police station to record an information, he may send such information in writing, via post, to the Superintendent of Police concerned. The Superintendent of Police, if he is satisfied that such information discloses the commission of a cognizable offence, may investigate the matter himself or may direct any subordinate to do so.
What is the importance of FIR?
First Information Report is important from many points of view. It is a statement made soon after the occurrence of the alleged offence, hence the memory of the informant is fresh and it is also unlikely that he had opportunities of fabrication. Delay in giving information is, therefore, viewed with grave suspicion. Where the FIR is also a dying declaration, it can be used as a substantive or primary evidence as a dying declaration. It is on the basis of this report that initial investigation of cognizable offences start.
Note: Section 154 deals with information relating to cognizable offence whereas Section 155 deals with information relating to non-cognizable offence. Section 155 provides that information pertaining to commission of non-cognizable offence lodged in a police station, shall be entered in the station diary. The information shall then be referred to the Magistrate because the police cannot investigate the matter related to commission of such offence without the direction of the Magistrate. But, in the course of investigating a cognizable offence, the police is not debarred from investigating any non-cognizable offence arising out of the same facts and issues.