FIR
Introduction
The information given under Section 154 of the Criminal Procedure Code, 1973 (CrPC) is commonly
known as the First Information Report (FIR), though this term is not used in the Code. As its
nickname suggests, it is the earliest and the first information of a cognizable offence recorded by an
officer in charge of a police station.
Lodging of FIR
1. The general rule is that ordinarily the information about the offence committed is 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.
2. FIR need not be lodged by the victim or by the eyewitness alone. Every citizen has a right to
set machinery of criminal law in motion.
3. It is not necessary that the information has personal knowledge of the incident. Even an
anonymous letter sent reporting a cognizable offence may be treated as FIR.
Objectives of FIR
1. The main objective of the FIR is to set the criminal law in motion and to obtain information
about the alleged criminal activity and to obtain true or nearly true versions of the events
connected with a crime.
2. It provides a check on the undesirable tendency on the part of the prosecution to fill the
gaps on their own.
3. To safeguard the accused against subsequent variations or additions.
Essentials of FIR
1. It is an information relating to the commission of a cognizable offence.
2. It is given by the informant either orally or in writing.
3. If given oral, it should be reduced to writing by the officer in charge of a police station or
under his direction and if given in writing or reduced to writing shall be signed by the person
giving it.
4. The information reduced in writing must be read out to the informant and a copy thereof
should be given to the informant forthwith free of cost.
5. The substance of the information shall be entered in a book in such form as the State
Government may prescribe in this behalf. This book is called General Diary.
Contents of FIR
1. It need not contain each and every minute incident that occurred.
2. It requires only the substance of information received to be mentioned and the same cannot
be said to be the repository of every factum.
Evidentiary Value of FIR
1. The established principle of law that FIR cannot be assumed as a substantive piece of
evidence and can only be considered as an important piece of evidence.
2. It can neither be used against the maker at the trial if he himself becomes an accused nor to
corroborate or contradict other witnesses.
3. It can only be used for certain limited purposes such as:
FIR is proved by the prosecution for the purpose of corroborating the statement of the
maker. It can also be used to contradict the first informant.
It can be used to show that the implication of the accused in the case was not an
afterthought.
Where FIR can be tendered in evidence as a part of the conduct of the informant, it can be
used as substantive evidence.
It the informant dies, and the FIR contains a statement as to the cause of his death or the
circumstances relating to his death, it may be used as substantive evidence.
Exceptions to the Rule of Registering an FIR
In certain cases, a preliminary inquiry may be necessary before registering an FIR. These cases are:
1. Matrimonial/family disputes
2. Commercial offences
3. Medical negligence cases
4. Corruption cases
5. 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.
6. The preliminary inquiry must be completed within 7 days.
