Professional Documents
Culture Documents
Filing of F.I.R Assignment: Amit Grover A3221515130 Bba LL.B (H) Section B 2015-20
Filing of F.I.R Assignment: Amit Grover A3221515130 Bba LL.B (H) Section B 2015-20
R
ASSIGNMENT
AMIT GROVER
A3221515130
BBA LL.B (H)
Section B
2015-20
A First Information Report (FIR) is a written document prepared by police organizations
in India, and Pakistan when they receive information about the commission of a cognisable
offence. It is generally a complaint lodged with the police by the victim of a cognizable
offense or by someone on his or her behalf, but anyone can make such a report either orally
or in writing to the police.
FIR is an important document because it sets the process of criminal justice in motion. It is
only after the FIR is registered in the police station that the police take up investigation of the
case. Anyone who knows about the commission of a cognizable offence, including police
officers, can file an FIR.
as it does not satisfy the tests of Section 154 Criminal Procedure Code being not an
oral statement reduced into writing; read over, admitted correct and signed by the
informer. Message to the police on telephone that an injured person was lying amount
to FIR (Sukharam Vs. State of Maharashtra (1969) 3 SCC, 730.
On receipt of telegram in railways case may be registered. Normally enquiry should be made
and on receipt of an original telegram which contains the thumb impression or signatures,
case may be registered.
Officer incharge should begin to write FIR in the First Information Report Register at the
dictation of the informer. According to para 24.5 Punjab Police Rules, the register shall be a
printed book consisting of 200 pages and shall be completely filled in before a new one is
started. Cases shall bear annual serial number in such Police Station for each calendar year.
Every four pages of the register shall be numbered with the same number and shall be written
at the same time by carbon copying process. The original copy shall be a permanent record of
Police Station. The other three copies shall be submitted to (a) Superintendent of Police or
Deputy Commisioner of Police or other Gazetted Officer nominated by him (b) to the
Metropolitan Magistrate empowered to take cognizance of the offence as is required by Sec.
157 Criminal Procedure Code. (c) one to the complainant. The seal of the Police Station shall
be put on every copy and original.
'Whoever refuse to sign on any statement made by him, when required to sign that statement
by a public servant, legally competent to require that he shall sign that statement, shall be
punished with simple imprisonment for a term which may extend to three months, or with
fine which may extend to five hundred rupees, or with both".
The longer the delay, the stronger the suspicion. That the case is false wholly or in material
particulars, so the delay should satisfactorily be explained.
Care should always be taken that the names of witnesses are mentioned in F.I.R. if the
names of P.Ws do not appear in it and they are examined later on, the presumption is
that they were not present at the spot and have been procured later on.
Care should be taken that all the material facts are mentioned in FIR(as much
available at that time).
Names of the accused persons should occur in F.I,R. and their parts also. (If
information is available at that time).
Sometimes it so happens that accused after commission of crime goes to Police Station and
lodges an F.I.R, the procedural legal provision as well as the Indian Evidence Act are
mentioned as under:-.
But if information is received that injured had been shot and had been removed to
Hospital, it is sufficient for registration of case.
As such every case depends upon its own circumstances and the police officer should
exercise his own judgement and diligence to test the information if it is clear, definite
and based upon tangible facts to disclose commission of cognizable or suspicion of
commission of a cognizable offence.
In cases of corruption, not registered on traps laid, but on complaints, always a suitable
preliminary enquiry into the allegation, is required. Such preliminary enquiries are relevant
before the registration of case and are permissible under law. But as soon as it became clear
to enquiring officer that the public servant appeared to be guilty of severe misconduct, it was
his duty to lodge F.I.R. and proceed further in the investigation.
FIR being not substantive piece of evidence it can be used in the following ways : - 9
For corroboration purposes. It can not be ignored altogether and can be used to
corroborate the statement of the eyewitnesses.
For contradicting the evidence of person giving the information.
For proving as an admission against the informer.
For refreshing informer's memory.
For impeaching the credit of an informer.
For proving informer's conduct.
For establishing identity of accused, witnesses & for fixing spot time as relevant facts
u/s 9 Evidence Act. Cases : 1968 M.P. 45.
Format of the F.I.R.
First Information of a Cognizable Crime Reported under Section 154, Criminal PenalCode
3.Brief description of offence (with section) and of property carried off, if any.
4.Place of occurence and distance and direction from the Police Station.
Signature .......................
Designation ................................
NOTE:- The signature of seal or thumb impression of the informer should be at the end of the
information and the signature of the Writer of (FIR) should be existed as usual.
The above is the format and below is the law on the basis of which the cognizable crime is
recorded