First Information Report (FIR)

The First Information Report (FIR) is a crucial procedural document in criminal law, marking the beginning of the criminal investigation process under the Criminal Procedure Code, 1973 (CrPC). It is defined under Section 154 CrPC, which deals with information relating to the commission of a cognizable offence.

Meaning and Purpose – First Information Report

An FIR is the first step in the criminal justice process, where an aggrieved person or any informant provides information to the police about the commission of a cognizable offence. Its primary objective is to set the criminal law in motion and enable the police to investigate the alleged crime.

The FIR helps in:

• Recording the earliest version of the incident.
• Preventing fabrication of facts later.
• Allowing the police to take immediate action.
• Forming the basis for investigation and evidence collection.

Essential Elements of an FIR

For an FIR to be valid, it must contain certain key elements:

1. Information must relate to the commission of a cognizable offence.
2. It must be given to the officer-in-charge of a police station.
3. The information can be given orally or in writing.
4. The report should be signed by the informant after being read to them.
5. A copy of the FIR must be given to the informant free of cost.

Who Can File an FIR

• The victim of the crime.
• Any witness or person with knowledge of the incident.
• Even a police officer who comes to know about a cognizable offence can file it suo motu.

Procedure of Filing an FIR

• The informant approaches the police station having jurisdiction over the area where the offence occurred.
• The police officer records the information under Section 154(1) CrPC.
• If the officer refuses to register the FIR, the person may send the complaint to the Superintendent of Police (SP) under Section 154(3) CrPC, who may order an investigation.
• Alternatively, the complainant may approach the Magistrate under Section 156(3) CrPC.

Evidentiary Value of FIR

Although the FIR is not a substantive piece of evidence, it plays an important role in:

• Corroborating or contradicting statements of witnesses under Section 157 and 145 of the Evidence Act.
• Showing the earliest version of the crime.
• Providing clues for investigation.

Delay in Filing FIR

A delay in lodging an FIR is not always fatal but must be satisfactorily explained. Unreasonable delay can lead to suspicion regarding the genuineness of the complaint.

Landmark Judgments

• Lalita Kumari v. Govt. of Uttar Pradesh (2014) 2 SCC 1: The Supreme Court held that registration of FIR is mandatory for cognizable offences and preliminary inquiry is permissible only in limited cases.
• State of Haryana v. Bhajan Lal (1992 Supp (1) SCC 335): Laid down categories where FIR can be quashed by the High Court under Section 482 CrPC.

Conclusion

The First Information Report (FIR) is the backbone of the criminal justice process. It ensures that serious crimes are promptly investigated, and offenders are brought to justice. Proper registration and handling of FIRs are essential for maintaining transparency, accountability, and fairness in criminal proceedings.

Also Read: Paid Legal Internship Opportunity at SS Law Firm in Jodhpur

Also Read: Supreme Court Refuses to Intervene in Telangana HC Order Staying OBC Quota Hike in Local Bodies