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Aligarh Muslim University Facuty of Law, Aligarh: Tutorial Assignment
Aligarh Muslim University Facuty of Law, Aligarh: Tutorial Assignment
UNIVERSITY
FACUTY OF LAW , ALIGARH
TUTORIAL ASSIGNMENT
SUBMITTED TO :
SUBMITTED BY :
Mr. zakiuddin KIRTI
khairoowala 16BALLB85
GJ6077
GROUP – IV
SEMESTER –
VIII
SYNOPSIS
1.) Introduction
2.) F.I.R. Meaning
3.) Objects and Importance of F.I.R.
4.) Essentials Conditions Required for
Registration of an F.I.R.
5.) Conditions Required for Recording
F.I.R.
6.) Information Which is not
Considered as F.I.R.
7.) Contents of F.I.R
8.) Second FIR lodged on Closure of
Investigation
9.) Value of more than One FIR
10.) Conclusion
11.) Bibliography
Introduction
First Information Report is written by a Police Officer. State has duty to take in to its cognizance
the commission of a cognizable case. Generally a Police officer does not possess the adequate
knowledge to deal with these cases promptly, as these cases demand urgent attention because
the delay erases the available evidences. A Police officer has to perform many duties at the same
time when he registers a case. He has to do the panchnama, finger print expert, forensic expert
and investigation is also conducted by him. John Cratman in his book “Police” defined police as
“Crystallizing the concept and practices of the maintenance of public peace, safety and
security.”1 The ‘Arthsastra’ of Kautilya mentions about the existence of police during the
Mauryan period.2 3 As a law enforcing agency ensuring order, the origin of the police in India
can be traced to the earliest Vedic Period of Indian History.An Inspector General of Police once
said: “I have worked 24 years in police department and honestly speaking, I do not know how to
draft a F.I.R. properly. I do not know how to inspect a scene of crime scientifically and to be
more specific, I do not know how to interrogate a suspect psychologically.”4
The Supreme Court in the case of D.K. Basu v. State of W.B. 1997 Cr. L.J. 743(SC observed
that “in view of the expectation of the society that police must deal with the criminals in an
efficient and effective manner and bring to book those who are involved in the crime. The cure
can’t however, the worst than the decease itself.”
FIR-Meaning
A First Information Report or FIR is a written document prepared by the Police in India,
Pakistan and Japan when they receive information about the commission of a cognizable offence.
It is a report of information that reaches the police first in point of time and that is why it is
called the First Information Report. It is generally a complaint lodged with the police by the
victim of a cognizable offence or by someone on his/her behalf. Anyone can report the
commission of a cognizable offence either orally or in writing to the police.The expression, First
Information or First Information Report is not defined in the Criminal Procedure Code (Cr.P.C.)
1973, but these words are always understood to mean, Information recorded under Section
154(1) of Cr.P.C. It is the Information given to a Police Officer in the form of a complaint or
accusation, regarding the commission or suspected commission of a cognizable offence. It is
given with the object of setting the criminal law in motion and police starting the investigation.
This report forms the foundation of the case. The question whether or not a particular document
would constitute F.I.R. is a question of fact, which depends upon the circumstances of each case.
The statement made by a witness who initiated the proceedings when reduced to writing is the
F.I.R. Genuineness or credibility of the information is not a condition precedent for registration
of the case.9 Information lodged with Police disclosing cognizable offence, the officer-in-charge
of a Police station is statutorily obliged to register a case.10 F.I.R. is the information which is
given first in point of time.
The following two conditions are to be satisfied before information could be treated as F.I.R.
(i) It must be an information
(ii) Secondly, it must relate to a cognizable offence on the face of it and not merely in the light of
the subsequent events.
Section 154 uses the word ‘report’ the words F.I.R. have a legal import. It may be possible that
there should be more than one report about the one and the same incident. In such cases, the
F.I.R. would be a report under this section. The F.I.R. is the earliest report T R made to the
police officer with a view to his taking action in the matter. The F.I.R. must be in the nature of a
complaint or accusation with the object of getting the law in motion.19 The F.I.R. is information
given by an informant given by an informant on which the investigation is commenced. Now, it
is well settled that any information given on phone too in respect of a cognizable offence to a
police officer-in-charge of a police station will be treated as
F.I.R.: provided the said information received through the phone is reduced into writing by the
police-in-charge of the police station and signed by him. FIR is the first step of Criminal
Procedure that leads to the trial and punishment of a criminal. It is also most important
supportive evidence on which the entire structure of the prosecution case is built-up.
Contents of FIR
The FIR must contain as far as possible the following points.
(a) Whether the Informant is an eye-witness or hearsay witness.
(b) The nature of the cognizable offence.
(c) The name and detailed description of the accused person (his colour, height,
approximate age, features, clothing, distinctive marks on his face etc.).
(d) The name and identity of the victim of the crime.
(e) The date and time of the occurrence.
(f) The place where the crime was committed.
(g) The motive for committing the crime.
(h) How the crime was committed (description of the actual occurrence of the crime,
the part played by the each accused and the weapon used by him).
(i) The name and address of the witnesses of the crime.
(j) The date and time of the occurrence.
(k) The place where the crime was committed.
(l) The motive for committing the crime.
(m) How the crime was committed (description of the actual occurrence of the crime,
the part played by the each accused and the weapon used by him).
(n) The name and address of the witnesses of the crime.
(o) The articles taken away by the accused.
(p) What traces left behind by the accused, any articles belonging to the accused such
as footwear, footprints, finger prints etc.).
(q) The description of the culprits should be given as far as possible in detail if the
FIR is registered on the statement of eye witnesses. A mistake or doubtful identity
may spoil the case.
Conclusion
In this chapter, an attempt has been made to understand the meaning, object, importance,
essentials relating to FIR. It is a written document prepared by the Police in India, Pakistan,
Bangladesh, Malaysia and Japan when they receive information about the commission of a
cognizable offence. The expression, First Information or First Information Report is not defined
in the Criminal Procedure Code (Cr.P.C.) 1973, but these words are always understood to mean,
Information recorded under Section 154(1) of Cr.P.C. Information received on telephone is to be
treated as FIR. Thus, we find that authentic information has to be written by the Officer-in-
Charge of the Police Station, irrespective of the information being received by telephone or by
any other means.Recent trends allow that the FIR may be written through e-mail, SMS or by
telephone.
Bibliography
1.) http://wwwliiofindia.org/
2.) https://shodhganga.inflibnet.ac.in/
3.) http://epgp.inflibnet.ac.in/