Aligarh Muslim University Facuty of Law, Aligarh: Tutorial Assignment

ALIGARH MUSLIM
UNIVERSITY
FACUTY OF LAW , ALIGARH
TUTORIAL ASSIGNMENT
TOPIC – first information report
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.
OBJECT AND IMPORTANCE OF F.I.R.

FIR sets the Criminal Law in Motion. Object of FIR are many and these are given below:
Firstly, to inform Magistrate of the District and the District Superintendent of Police, who are
responsible for the peace and safety of the District of the offence reported at the Police Station.
Secondly, to make known to the Judicial Officers before whom the case is ultimately tried, what
are the facts given out immediately after the occurrence and on what materials the investigation
commenced.
Thirdly, to safeguard the accused against subsequent variations or additions.
Fourthly, object of the information report is set the criminal law in motion; this is
from the point of view of the informant.
Fifthly, the object is to obtain information about the alleged criminal activity so as to able to take
suitable steps for tracing and bringing to book the guilty party, this is from the point of view of
investigating officer.
In Masta v. State of Punjab 1998(2) RCR (Criminal) 504 (P&H). the honorable court decided
that petition under section 482 Cr.P.C. seeking directions of High Court for registration of case
by the police and petition dismissed, and petitioner then filed a criminal complaint before
magistrate who is also competent to order registration of case. The alternative remedy was held
equally efficacious.
In Emp. v. Kh. Nazir Ahmed AIR 1945 PC 18. the honorable court held that the object of the t
FIR is to obtain early information of alleged criminal activity, to record the circumstances before
there is time for them to be forgotten and embellished, and the report can be put in evidence
when the informant is examined if it is desired to do so. This view was confirmed by the Hon’ble
Supreme Court in Wilayat Khan v. State of U.P AIR 1953 SC 122.
Essential conditions required for

registration of an FIR
In Moni Mohan v. Emp. it was decided that the essential conditions of First Information Report
are :
(1) It must be in information and
(2) It must disclose the commission of a cognizable offence on the face of it and not in the light
of subsequent events.
Conditions required for recording FIR

under Section 154 Cr.P.C.
The following requirements are to be satisfied to constitute information as “First Information
Report” within the meaning of this section;
(a) It must be information regarding to the commission of a cognizable offence;
(b) It must be given to an officer-in-charge of a police station;
(c) It must be reduced into writing either by the informant (complainant) himself and it should be
signed by the Informant;
(d) If it is oral, it must be taken down in writing and read over to the Informant, who should sign
it and it should be recorded according to the direction of the Informant.
(e) The substance of information should be entered in the prescribed register, daily diary, general
Diary, otherwise known Station Diary or Station House Register in the form as the State
Government has prescribed for the abovesaid purpose.
Information which is not considered

as FIR.
The following facts may not be termed as F.I.R. as the facts of the information, though may be
first in point in time, are bereft of basic requirements necessary to bring an information within
the umbrella of the term F.I.R.
(i) Information received after the commencement of the investigation:

F.I.R. must be distinguished from information received after the commencement of the
investigation which is covered by Sections 161 and 162, Code of criminal Procedure. Such
information is inadmissible. When a telephonic message merely conveys fact of killing, then
such message cannot be treated as FIR nor would such message be admissible as substantive
evidence. It only amounts to giving of information as to commission of offence.
In State through C.B.I. V. Vistaria Prakash AIR 2009 SUPREME COURT 3129 page 3133. the
honorable Supreme Court decided that It is true that he did not make any statement that pink
coloured shirt was worn by the appellant in the first information report as also in his statement
recorded under Section 161 of the code of Criminal Procedure (for short ‘the Code’), but the
same i in our opinion is not of much significance.
(ii) Telephonic Information

In Ravishwar Manjhi & Ors. V. State of Jharkhand AIR 2009 SUPREME COURT 1262, para
25. Supreme Court held that mere information received on phone by police officer without any
details as regards identity of accused or nature of injuries caused by victims as well as name of
culprits may not be treated as FIR.
In Vikram & Ors. V. State of Maharashtra AIR 2007 SUPREME COURT 1893 at page 1896
the honorable Supreme Court decided that In this case the victim was admitted as an indoor
patient in the hospital on 23.1.1997 and was discharged only on 26.1.1997. In a situation of this
nature, explanation of PW2 and others that they gave priority of the treatment of the deceased
and the accused which occasioned the delay in lodging the First Information Report and the same
having been accepted by two courts below, we do not find nay reason to disagree. We find no
reason to discard the testimony of P.W.2 who is an independent witness. It may be true that PW2
had informed the officer in charge of the Police Station on telephone, but the circumstances in
which the said call had to be made has been noticed by us heretobefore.
(iii) Information of Mere Assemblage of Some Persons :

Mere confidential report received by the police that some bad characters have assembled at a
particular place is not F.I.R and is not adequate for registration of a cognizable offence.
(iv) Vague, Indefinite and Uauthorised Information:

No piece of information which is vague, indefinite and unauthorized can be recorded as F.I.R.
merely because it was received first in point of time. It must relate to the commission of a
cognizable offence .A cryptic message meant of being an appeal for immediate relief is not an
F.I.R. Mere information recorded in general diary that one student has stabbed another student is
not F.I.R.
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.
Second FIR lodged on closure of

investigation on first FIR
Two FIRs in respect of same incident—
In Jasjit Singh Bhasin v. State of Punjab 2006 RCR(Criminal) 814(P&H) honorable court
decided that twoFIRs cannot be registered in same set of facts. There cannot be two FIRs against
the same accused in respect of the same case. But when there are rival versions in respect of the
same episode, they would normally take shape of two different FIRs and investigation can be
carried by the same investigating agency. The subsequent registration of the FIR on the basis is
of an application under Section 156(3) Cr. P.C. is uncalled for. Where the applicant wants to add
something by way of giving additional facts of the incident and feels that something is lacking in
the previous FIR, it is always open for him to say so in his statement before the police during the
course of investigation. This alone will not entitle him to register a second FIR regarding the
same incident implicating the same accused.
Registration of second FIR by Police on basis of complaint does not amount to abuse of process
of Law.Krishna was a Class I Officer in the Karnataka Administrative Service. An FIR was
lodged against him under Sections 13(1) and 13(2) of the Prevention of Corruption Act, 1988
(PCA) in respect of check period from August 1, 1978 to August 24, 1989. This was alleged that
he had assets disproportionate to his known sources of income. On August 24, 1989 the
Investigating Officer submitted a B report (closure of the investigation) which was accepted by
the Special Judge who directed that the officer’s properties were to be released.
VALUE OF MORE THAN ONE F.I.R.

Where there are three different versions, the earliest statement should be produced to enable the
court to arrive at the real truth in the case. Where two persons gave information about the same
occurrence to two different police officers at different places, the one which was a little later in
point of time, need not be excluded on the ground that it made during investigation, but must be
regarded as an independent F.I.R. Filing of second complaint based on same facts as the first one
not to be treated as FIR and fresh investigation cannot be permitted .In case of two F.I.R., the
earliest in time is to be treated as F.I.R., as the subsequent one is hit by Section 161, Code of
Criminal Procedure. But where an informant give two statement at the police station at different
times, the subsequent statement cannot be accepted as F.I.R. as contemplated by Section 154,
Code of Criminal Procedure. An undecorated First Information Report is of a great value
because it is the version of the incident gives at the first available opportunity by the informant
and shows on what material the investigation commenced and what was the story then told. An
F.I.R. recorded without any loss of time is likely to be free form embroideries, exaggerations and
without anybody intermeddling with it and polluting and adulterating the same with lies. The
purpose of F.I.R. is to obtain the earliest account of a cognizable offence, before there is an
opportunity for the circumstance to be forgotten and embellished
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/

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ALIGARH MUSLIM

TOPIC – first information report

OBJECT AND IMPORTANCE OF F.I.R.

Essential conditions required for

Conditions required for recording FIR

Information which is not considered

(i) Information received after the commencement of the investigation:

(ii) Telephonic Information

(iii) Information of Mere Assemblage of Some Persons :

(iv) Vague, Indefinite and Uauthorised Information:

Second FIR lodged on closure of

VALUE OF MORE THAN ONE F.I.R.

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