Factual and Legal Aspects

of
First Information Report
Keeping in view the Precedents of Superior
Courts and Relevant laws

By
Abdul Rauf Wattoo
 Relevant Law

• Section 154 and 155 of Code of Criminal Procedure,

1898.
• Section 22-A(6) of Code of Criminal Procedure
• Article 155 of Police Order, 2002
• Chepter-24 Rule 5, Police Rules 1934Section
 FIRST INFORMATION REPORT
(F.I.R)

Information in cognizable cases. 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 Provincial Government may prescribe in this behalf.

Section 154: Code of Criminal Procedure 1898

 INVESTIGATION

• 155. Information in non-cognizable cases.- (1) When

information is given to an officer-in-charge of a police-station
of the commission within the limits of such station of a non-
cognizable offence, he shall enter in a book to be kept as
aforesaid the substance of such information and refer the
informant to the Magistrate.

• (2) Investigation in non-cognizable cases. No police-officer

shall investigate a non-cognizable case without the order of
Magistrate of the first or second class having power to try such
case or send the same for trial to the Court of Session.
• (3) Any police-officer receiving such order may exercise the
same powers in respect of the investigation (except the power
to arrest
First Information Report
 FIRST INFORMATION REPORT
(F.I.R)

Contents of F.I.R
• Name of Police Station
• Date & Time of occurrence
• Date and Time or Report
• Name of Complainant / Informant
• Distance from Police Station
• Name of Offences
• Gist of information
• Signatures of the Moharrar
• Karwai Police (police proceedings)
 First Case Facts

on 9-2-1998 at 6:00am morning the complainant Hidayatullah

appeared before police and got recorded his statements that Four
unknown accused persons while armed with firearm weapons
attacked upon Muhammad Mushtaq and Sadiq Ali, snatched money
and other articles and on resistance made firing due to which both
real brothers Muahammad Mushtaq and Sadiq Ali succumbed to the
injuries

The complainant on the same day, upon the statements of witnesses

nominated Accused namely Akhtar Ali, Muhammad Asharf alias
Papoo, Waris Ali, Niaz Hussain alias Naja, Mushtaq alias Makha and
Majid alias Maujoo while has committed the double murder
 First Case Facts
• On 9-2-1998 at 5:00pm FIR No. 189/98 which was registered at
Police Station Jaranwala District Faisalabad
• Case was registered U/S 302/452/394/397/449/109/34
Pakistan Penal Code.
• Police started the Investigation and visited the spot
• From spot empties (cartridge cases) were taken into
possession.
• Accused were arrested and weapon of offences were
recovered.
• Police prepared report U/S 173 CrPC and forwarded the same
to the concerned court.
 First Case Facts
• Being the heinous offence the Anti-Terrorism Court Faisalabad
conducted the trial.
• Evidence of the Eye Witnesses were recorded.
• All the witnesses remained consistent in their evidence
• Trial Court convicted the accused Akhtar Ali, Muhammad
Asharf alias Neela, Majid Alias Majoo and awarded them the
death sentence also sentence of imprisonment.
• The accused persons filed appeal before Lahore High Court,
which maintained the conviction but converted the death
sentence into life.
• Accused filed appeal before Supreme Court of Pakistan
 Observations of Supreme Court of Pakistan
• Appellants were not named in the FIR wherein it was
specifically mentioned that unknown four persons had
committed offence and they were nominated in
supplementary Statement.
• Delay in lodging of FIR of 10/11 hours provides sufficient time
for deliberation and consultation So Possibility cannot be ruled
out qua false implication of the accused
• Delay of 10/11 hours in making FIR not explained leads to
inference that occurrence was un-witnessed

Supreme Court Laid Down the Principle--Unexplained delay in

registration of FIR specially in the circumstances of the case
creates lot of doubt qua the story of the prosecution
 Supreme Court of Pakistan
First Case Reported as
PLJ 2008 SC 269

Titled as
Akhtar Ali and others Vs The State

Justice Iftikhar Muhammad Chaudhry

Justice Nasir-ul-Mulk,
Justice Ch. Ijaz Ahmed
Justice Syed Jamshed Ali Shah
 Second Case Facts
• Shaukat Ali Complaianant got lodged the FIR that on
11.08.2004 his son Shahid Ali aged about 12 years went to the
shop of Akhtar Ali but did not return back.
• Complainant being the father along with other witnesses
started search of his sun but in vain. They went again and again
at the shop of Akhtar Ali to inquire about Shahid Ali, but
accused Akhtar Ali did not gave proper answers.
• Being suspected complainant put pressure of legal
consequences on accused Akhtar Ali,
• On 15.08.2004 Accused disclosed that on 11.08.2004 he took
Shahid Ali to a vacant house, committed sodomy with him,
with an iron wire throttled to death and concealed his dead
body in and iron box.
 Second Case Facts

• The complainant and other witnesses apprehended the

accused Akhtar Ali and took him to Police Station.
• Father of Shahid Ali submitted written application for
registration F.I.R and the same was registered.
• Police arrested the accused Akhtar Ali and interrogated him
• Accused disclosed that he can get recover the dead body of
Shahid deceased from the vacant house.
• On pointation of accused, the dead body of Shahid deceased
was recovered from the iron container lying in the vacant
house.
 Second Case Facts
• The dead body was taken into possession and shifted to the
hospital for Autopsy.
• The doctor on post mortem examination observed a contusion
mark around the neck of the deceased.
• The swabs from the dead body of the deceased were taken
and sent to Laboratory for Chemical Analysis.
• Akhtar accused was also taken to Laboratory and his samples
for DNA detection were taken.
• Chemical Examiner issued report that the swabs of deceased
were stained with semen.
• The DNA of the accused matched with the semen (swabs)
 Second Case Facts
• Police after completion of the investigation prepared the
report U/S 173 CrPC and forwarded the same to the court for
trial.
• The trial court conducted the trial and awarded death
sentence U/S 302(b) Pakistan Penal Code.
• Accused Akhtar Ali filed appeal before High Court which was
dismissed.
• Accused again filed leave to appeal before Supreme Court of
Pakistan.
• It was argued before the Supreme Court that the FIR was
registered with a delay of Four days which makes the story of
prosecution doubtful.
 Observations of Supreme Court of Pakistan
• The Court observed that Shahid Ali, while leaving home told
his father that he is going at the shop of Akhtar Ali.
• That complainant being father started search of his son.
• On 11.08.2004 Complainant went to accused Akhtar and asked
about his son, but he made lame excuses.
• The complainant and witnesses on 15.08.2004 again went to
accused and inquired about Shahid Ali deceased.
• Court further observed that complainant made a reasonable
explanations that they were searching Shahid Ali and went
again and again to the accuse, and lastly accused made
disclosure on 15.08.2004
Delay explained so conviction maintained
 Supreme Court of Pakistan
Second Case Reported as
2020 SCMR 2020

Titled as
Akhtar Ali (Appellant) Vs The State (Respondent)

Justice Manzoor Ahmad Malik

Justice Mazhar Alam Miankhel
Justice Sajjad Ali Shah
 Impact of delayed FIR at Trial
• The fact that the FIR was not filed early raises suspicion on the
complainant’s story.
• The prosecution’s case may be fatal in some cases, but the
impact of the delay on the trial will differ based on the facts
and circumstances of each case.
Offences that consist of theft, attempt to murder and other cases
the fact of commission needs exact corroboration and need an
immediate and speedy FIR to be registered.
Any delay that is inexplicable and unreasonable will have an
impact on the prosecution’s case, as there may be opportunities
to manipulate the facts and the people involved in such an
offence.
 Effect of Prompt FIR

• On time and Promptly lodged FIR eliminates possibility of

fabrication.
• Consultation and due deliberations are eliminated
• It gives the first hand and natural information, which becomes
worthy of credit.
• If registered promptly, it provides the natural and reliable
presence of the witnesses of the case.
• It gives a valid ground for early commencement of the
investigation
Distance of Police station/ Enforcement station
 Time, place and mode of occurrence not written in FIR

• In the FIR time, place, manner and mode of occurrence not

mentioned affects the prosecution case and also affects the
investigation.
• If without plausible reasons was considered to be suspicious
and in such a case, the entire evidence was to be re-appraised
with extra degree of care and caution.
• Mentioning the names of eye witnesses who are present at
the spot at the time of commission of offence
 FIR must not be detailed one

• F.I.R is mere first hand information to set the machinery of law

into motion
• Minute details or unnecessary things are not expected in the
F.I.R
• F.I.R. is not expected to be detailed document.
• It must be consisted upon the necessary and smart facts of the
case.
• Historically even one line F.I.R was registered
 Can a police officer Refuse to Register FIR?

• Police cannot refuse to register a case on the ground that they

consider the version to be false.

• S.H.O. must in cognizable case register and investigate it.

• Registration of F.I.R. cannot be directed by High Court in all

cases as other remedy is available by way of complaint to a
Magistrate
 FIR by the Accused

• Incriminating part of the FIR alone is not admissible, the rest of

the statement can be considered.
• FIR made by the accused himself is rightly excluded from
consideration at the trial.
• Accused reporting his own crime to police, such statement in
FIR is not admissible because of its confessional character.
• FIR made by co-accused cannot be used as evidence against
the maker and also not to corroborate or contradict other
witnesses.
 What is Substantive Piece of Evidence

• Substantive Evidence is that evidence which is recorded on

both and by which may be relied upon for the proof or
disproof of the fact in issue or relevant fact and on which a
finding of the Court may be based.
• Evidence which requires no corroboration to prove or disprove
the facts in issue is substantive evidence.
• This evidence holds enough weight by itself and requires no
further inspection.

FIR is not a Substantive Piece of Evidence

 What is Corroborative Piece of Evidence
• Corroborative evidence is evidence that supports or confirms
existing evidence. It is often used in court to strengthen the
testimony of a witness
• It helps to make the evidence stronger and more believable.
Article 153 of Qanun-e-Shahadat Order 1984 (Law of Evidence)
Former statements of witness may be proved to corroborate later
testimony as to same fact. In order to corroborate the testimony
of a witness, any former statement made by such witness relating
to the same fact at or about the time when the fact took place, or
before any authority legally competent to investigate the facts,
may be proved.
F.I.R is corroborative piece of Evidence
 Evidentiary value and relevance of FIR

• It is held by August Supreme Court that the contents of FIR

were not a substantive piece of evidence.
• F.I.R is not an evidence of evidence but simply information
about the occurrence, laid before the law enforcing agency to
set the law into motion for the purpose of investigation.
• F.I.R. could not be given weight as substantive proof against
the accused for the reason that its contents were neither
recorded on oath nor it could be subjected to the test of cross-
examination through some.
 FIR and Cross Case

• Cross Version
• Cross case
• Different Version
• More than one versions of the case
 SECOND FIR
SUPREME COURT OF PAKISTAN (Original Jurisdiction)

PLD 2018 SC 595

Mst. Sughran Bibi versus The State

There is no provision in the Code of Criminal Procedure for a

Second Information Report (SIR),
Or a Third Information Report (TIR)
Therefore second or subsequent F.I.R about the same
occurrence is against the Law of Criminal Procedure
 INVESTIGATIONS: (The Collection Of Evidence)

 A criminal investigation refers to the process of

collecting information (or evidence) about a crime in
order to Determine if a crime has been committed
 Identify & apprehend the perpetrator,
 collect evidence to support a conviction in court.
 Information theory (Wilmer). The criminal investigation
process resembles a battle between the police and the
perpetrator over crime-related information.
In committing the crime, the offender emits "signals," or
leaves behind information of various sorts (fingerprints,
eyewitness descriptions, murder weapon, etc.), which the
police attempt to collect through investigative activities.
 INVESTIGATION: (The Collection Of Evidence)

Code of Criminal Procedure

• Section 4(l) "Investigation". "Investigation" includes all the
proceedings under this Code for the collection of evidence
conducted by a police officer or by any person (other than a
Magistrate) who is authorized by a Magistrate in this behalf.
Police Rules
Chepter-24 Rule 2
It is the duty of an investigating officer to find out the truth of
the matter under investigation. His object shall be to discover
the actual facts of the case and to arrest the real offender or
offenders. He shall not commit himself prematurely to any
view of the facts for or against any person.
 INVESTIGATIONS: Modern Perspective

Bow Street Runners (1749, London): Often considered the first

professional detective force. Created by Henry Fielding, this
group worked to bring structure to criminal detection.

Sir Robert Peel's Metropolitan Police (1829): Marked the

foundation of modern police forces. Emphasized crime
prevention and professional law enforcement.

Fingerprinting and Forensic Science: Late 19th century saw the

use of fingerprints (Sir Francis Galton) and development of
early forensic techniques, like Bertillonage (body
measurements for ID).
 INVESTIGATIONS
OF WHAT?

FACT:-
“means and includes
(1)Anything, state of things, or relation of things, capable of
being perceived by the senses.
(2) Any mental condition of which any person is conscious

Classification of facts:-
1. External and Internal Facts
2. Physical and psychological facts
3. Positive and negative fats
4. Matter of fact and matter of law
5. Facts opposed to theory, opinion and feeling
6. Facts stating events or state of things
7. Principal and evidentiary facts
 INVESTIGATIONS
OF WHAT?

Fact-in-issue means and includes any fact from

which, either by itself or in connection of other
facts, the existence, non existence, nature or extent
of any right, liability or disability, asserted or denied
in any suit or proceeding.
• Relevant fact may be called the evidentiary fact
and ‘a fact in issue’ as the ultimate main or
principal fact.
• The fact in issues are determined by substantive
law and by pleadings
• The relevant facts are evidentiary facts, which
proves or disproves the fact in issue
For Example: Murder, Encroachment, Illegal Possession
 INVESTIGATIONS
OF WHAT?

Relevant Fact
QSO does not defines the word ‘relevant’. It
simply describes that when one fact is said to
relevant with the other fact
• Connection of events as cause and effect.
• The fact that has certain degree of probative
force
• Means any two facts of which it is applied are
so related to each other that, according to the
common course of events, one either taken by
itself or in connection of other facts which
proves past, present or future existence or non-
existence of the other.
 INVESTIGATION

156. Investigation into cognizable cases.-- (1) 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 under
the provisions of Chapter XV relating to the place of inquiry
or trial.
• Exclusive Power of I.O: (2) 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. (What amounts to interference in
investigation).?
 INVESTIGATION

Discretion not to Investigate (Section 157)

• “If it appears to the officer in charge of police station
that there is no sufficient ground for entering on to
an investigation” .
This provision gives power to the SHO to stop or not to
investigate the case and forward a report to magistrate
in this regard after recording reasons
 Police Rules chapter 25
25-1. Power to investigate.-
• An officer in charge of a police station is empowered by
section 156, CrPC, to investigate any cognizable offence which
occurs within the limits of his jurisdiction.

• Officer in charge is also empowered under section 157(1),

Criminal Procedure Code, to depute a subordinate to proceed
to the spot to investigate the facts and circumstances of the
case and, if necessary, to take measures for the discovery and
arrest of the offenders.
 Police Rules chapter 25
25-2. Power of Investigation Officers.-
160. Police officer's power to require attendance of witnesses.
161. Examination of witnesses by police
162. Statements to police not to be signed; (use of statement)
165.Search by police officer “anything necessary for
investigation”.
166.When officer in charge of police station may require another
to issue search warrant.
167.Procedure when investigation cannot be completed in 24
hours. (power to get remand)
169. Release of accused when evidence deficient.
172. Diary of proceedings in investigation
 Police Rules chapter 25
25-2. Power of Investigation Officers.-
Power to any person summoned to attend such investigation
and shall endorse on the copy of the order retained by the
person so summoned the date and time of his arrival at, and
the date and time of his departure from the place to which he
is summoned. The duplicate of the order shall be attached to
the case diary.

• Duty to find out the truth

• Shall discover actual facts