FIRST INFORMATION REPORT AND ITS IMPORTANCE IN LEGAL SYSTEM

1. INTRODUCTION

Understanding the pivotal role of a First Information Report (FIR) in instigating legal proceedings and steering police investigations is paramount. The FIR serves as the genesis of the investigative journey, furnishing indispensable details pertaining to a cognizable offence. It is imperative that individuals reporting crimes do so veraciously and judiciously, ensuring the integrity of the legal process.

The FIR, by definition, is an informative account conveyed to a police officer, specifically related to a cognizable offence. It represents not only the inception of the investigatory process but also the foundational document that delineates the contours of the alleged crime or the imminent apprehension thereof. The veracity of the information provided in the FIR is of utmost importance, as it sets the trajectory for law enforcement officers who rely on its content to unravel the truth.

In situations where one finds themselves compelled to report a crime, the emphasis lies in presenting accurate and comprehensive details. This meticulousness not only aids in a meticulous investigation but also safeguards the sanctity of the legal proceedings. Therefore, individuals should approach the task of filing an FIR with a sense of responsibility and commitment to truth, recognizing the far-reaching consequences of their role in facilitating a just and thorough legal process.

To elaborate further, the FIR essentially serves as the inaugural chapter in the narrative of justice, initiating a sequence of events that can lead to the resolution of a crime. It functions as a detailed roadmap for law enforcement, guiding them through the labyrinth of evidence and potential witnesses. The FIR is not merely a formality; rather, it is a critical document that shapes the trajectory of the subsequent investigation.

Moreover, the need for accuracy in the information provided cannot be overstated. Inaccuracies or falsehoods within the FIR not only impede the investigative process but can also have far-reaching implications, potentially leading to misdirection of law enforcement efforts and wrongful implications for innocent parties. Therefore, the individual filing the FIR shoulders a significant responsibility to ensure that the information presented is not only truthful but also comprehensive enough to enable a thorough and unbiased investigation.

In essence, the FIR is a cornerstone of the criminal justice system, demanding a conscientious and truthful approach from those who wield its power. By recognizing the gravity of this initial step in the legal process, individuals contribute to the pursuit of justice and the maintenance of a fair and equitable societal framework.

2. SECTIONS DEALING WITH FIR

I. Section 2(c) of the CrPc

The cognizable offenses for which a FIR can be lodged are defined in Section 2(c) of the CrPC [1] These offenses are listed in the Codes Schedule These offenses are included in this category and are eligible for filing/filing a FIR.

Cognizable offenses are those for which a police officer may arrest the accused without a warrant or the permission of a magistrate. These are more heinous and serious offenses. For instance, murder, rape, kidnapping, abduction, and so on. These crimes have the potential to disrupt a societys peace and harmony. They are mostly public infractions. Typically, the punishment for cognizable offenses is more than three years in prison, with the possibility of life imprisonment or the death penalty.

II. Schedule 1 of CrPC [2]

Schedule I of the CrPC lists the offences that are classified as cognizable, such as murder and robbery. These offenses necessitate immediate police attention, as well as preventive measures. These offenses are generally more serious and grave in nature, and they harm the public interest as a whole.

III. Section 154(1) [3]

Section 154(1) of the CrPC discusses the procedure for filing a FIR. The police officer must record all cognizable offenses reported orally or in writing. They should be re-read by the officer for the person filing the FIR and then signed by him. A free copy of the report must be given to the person filing the FIR, i.e., the informant. This Section provides a brief overview of the procedure for recording, documenting, and acting on a FIR by a police officer.

IV. Section 154(3) of the CrPC [4]

It specifies the steps to be taken if a police officer refuses to record the FIR. In such circumstances, the informant may approach the Superintendent of Police (also known as the Deputy Commissioner in a Police Department). When he is satisfied that the crime committed is cognizable, he should either investigate the case himself or delegate the investigation to a subordinate. This Section provides a remedy or legal recourse for the informant if he believes his complaint is being ignored by the police officer.

3. OBJECTIVE OF FILLING FIR

The primary goal of filing an F.I.R. is to set the criminal law in motion. Also, to allow the police officer to begin the investigation of the crime as soon as possible and collect all possible pieces of evidence.

The following are the various objects of recording F.I.R. :

To notify the District Magistrate and the District Superintendent of Police, who are responsible for the districts peace and safety, of the reported crime at the police station.

To inform the judiciary and judicial officers who will ultimately hear the case about the facts and scenario that emerged following the immediate occurrence of the crime.

To safeguard and protect the accused from future additions or modifications.

4.ESSENTIAL CONDITIONS OF F.I.R

It was decided in Moni Mohan v. Emperor [5] that the essential conditions of F.I.R. are:

It must be some sort of information.

It must be documented in writing. If given in writing, the concerned police officer should reduce it to writing.

The main act or crime should be cognizable in nature, not the ones that follow.

The F.I.R. must be in the form of a complaint or accusation with the goal of bringing the law into action.

5. WHO CAN LODGE THE F.IR

A victim, a witness, or anyone else with knowledge of the crime can file a FIR. In Hallu vs. State of M.P., [6]the Apex Court of India stated that anyone can file a FIR.

Section 154 does not require that the Report be given by someone who has first-hand knowledge of the incident. The section refers to information given to a police station officer about the commission of a cognizable offence.

6. WHAT INFORMATION ARE CONSIDERED F.I.R?

An FIR can only contain information about the commission of a cognizable offense. It is not required that the information include every detail of the case. It is not necessary to include the accuseds name. What is required is that it disclose information about the commission of a cognizable offense.

The following information is not considered to be a FIR:

Information obtained after the investigation began.

Telephonic information, unless provided by a known person who discloses his identity and the message contains all of the necessary facts constituting an offense, and such a message is reduced to writing by S.H.O.

Information gathered from a random group of people.

Uncertain, hazy, and unauthorized information.

7. DELAY IN FIR

The goal of filing an F.I.R. with the police as soon as possible after the commission of the offence is to obtain and receive new information about the circumstances and facts that lead to the commission of the offence. The FIR will be more credible if it is recorded and taken before the informants memory fades and he begins to forget the facts. Thus, if there is a delay in filing a FIR and the delay is unreasonable and unexplained, it is likely that the prosecution will introduce a fabricated story. It is the prosecutions responsibility to explain the delay in filing the FIR. It does not lose its significance if properly explained.

In Raghbir Singh v. The State of Haryana[7], It was held that going to the hospital due to the condition of the victim for saving his life instead of going to the police station first was a reasonable and valid explanation for the delay in filing F.I.R.

Delay in case of rape

In cases of rape and other sexual offenses, the case involves not only the victim but also the victims family. Many times, they do not immediately contact the police because of shame and honor. As a result, the courts have consistently ruled that delay in a sexual assault case cannot be equated with delay in a case involving other offenses.

Due to societal stigma, discouragement for filing a FIR, fear of not being believed, and anxiety about their familys honor, victims of sexual assault must find immense courage within themselves to come out with what theyve been through. It must be acknowledged that in todays society, multiple factors play a role in a victim filing a FIR after a significant amount of time has passed.

8. RELEVANT PROVISIONS RELATING TO FIR

Any previous statement relating to the same fact may be proved under section 157 of the Indian Evidence Act. The first statement can be written or spoken. A witnesss account book may also be included. The purpose of this section is to admit statements made while the witnesss mind is still so connected with the event that it is reasonably likely that the description given by him is or would be accurate or correct.

One of the grounds for impeaching a witnesss credibility is provided for in Section 145 of the Evidence Act. The goal is to either test the witnesss memory or to contradict him in writing by the previous statement. The witnesss statement in the FIR can be used for this purpose, but a witness can only be contradicted by his own previous statement, not the statement of anyone else.

Section 8[8] of the Evidence Act states that a guilty mind produces guilty behavior. The conduct of any person against whom the offence was committed is always relevant, as illustrated in section 8 illustrations (j) and (k). The term conduct refers to the actions of both the accused and the victim. Non-confessional conduct of the accused may be brought under section 8, and it will also be admissible under section 21 of the Evidence Act.

The FIR can also be used to cross-examine informants and contradict them. However, it cannot be used to corroborate or contradict any witness other than the one who filed the FIR.

9. TYPES OF FIR

False fir

An FIR filed with the intent of spreading false information about someone or defaming him. If such information is given to a public official with the intent of causing harm to another person, he may be punished under Section 182 or Section 203 of the Indian Penal Code (1860), depending on the situation. Section 177 of the IPC deals with situations in which a police officer gives false information despite knowing the truth.

Second FIR

There has been much discussion about the legality of a second FIR. It is entirely dependent on the nature and circumstances of the case. Even if the facts and conditions are the same, it is permissible if the formal complaint was decided on insufficient grounds and without understanding the gravity of the offense. However, it will not be maintainable if the case was decided and disposed of on its entire merits and after taking into account all facts and circumstances.

Zero fir

A zero FIR can be filed in cases of cognizable offenses that require the polices immediate attention to act. It is possible to register it at any police station, regardless of jurisdiction. The police officers can act on this without the permission of the court and even before the complaint is forwarded to the appropriate jurisdiction. It is typically used for crimes such as murder and rape. Zero FIR is intended to assist victims of serious crimes, particularly women and children. It is a quick and easy way to file a complaint without having to visit multiple police stations. If an officer fails to register a zero FIR, he may face penalties under Section 166A of the IPC.

Multiple FIR

A multiple FIR is filed when the aggrieved parties file multiple FIRs for the same cause of action, incident, and persons. In the case of Surender Kaushik v. State of UP (2013), the court prohibited the filing of multiple FIRs. This action jeopardizes the investigation, creates confusion, and delays justice.

10. IMPORTANCE OF FIR IN LEGAL SYSTEM

The First Information Report (FIR) stands as a cornerstone in the legal system, functioning as the inaugural step in addressing criminal offenses. Its significance lies in its multifaceted role throughout the legal process. As a meticulously documented complaint, the FIR not only kickstarts investigations but also serves as a comprehensive record detailing the specifics of the alleged crimechronicling when, where, and how it transpired. This wealth of information becomes the bedrock for law enforcement, guiding them in the collection of evidence, identification of witnesses, and pursuit of leads. Moreover, the FIRs role extends to the preservation of the crime scenes initial state, crucial for maintaining the integrity of evidence, especially in cases where time sensitivity is a factor. Beyond its practical investigative value, the FIR is a legal document of utmost importance. It provides an official account that unfolds as a reference point throughout legal proceedings, ensuring consistency in the narrative presented to the court. The protection it affords to victims and witnesses cannot be understated, as it creates a formalized platform for reporting crimes while offering legal safeguards against potential intimidation or coercion. In court, the FIR enhances the credibility of the entire legal process, contributing to the strength of the prosecutions case or serving as a point of examination for the defense. In essence, the FIR is not merely a procedural formality; it is a foundational document that sets the tone for fairness, transparency, and accountability in the intricate web of the criminal justice system.

Citation

1) Code of criminal procedure, 1974 (ACT NO. 2 OF 1974), s.2 (c).

2) Code of criminal procedure, 1974 (ACT NO. 2 OF 1974),sch.1.

3) Code of criminal procedure, 1974 (ACT NO. 2 OF 1974),s.154(1).

4) Code of criminal procedure, 1974 (ACT NO. 2 OF 1974),s.154(3).

5) AIR 1931 Cal 745

6) AIR 1974, SCR (3) 652

7) AIR 1980 1087 1980 SCR(3)277

8) The Indian Evidence Act,1872 ( ACT NO. 1 OF 1872), s.8.