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FIR ( Save as .pdf )

Published : May 22, 2012 | Author : YSRAO JUDGE
Category : Criminal
YSRAO JUDGE
law | Total Views : 12006 |
Y.SRINIVASA RAO,
Rating :
M.A(English).,B.Ed.,LL.M.;

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The constitutional law consists both of legal

in the strict sense and of usages , commonly
called as conventions, which without being
enacted are accepted as binding by all who
are concerned in government...

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F. I. R

Statistics

( First Information Report )

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1123

The basic purpose of filing FIR is to set the criminal law

Insurance / Accident Claim
into motion and not to state all the minute details therein.
3293
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The
information
under
section
154
of
Cr.P.C
is
generally
Intellectual Property
known a s F.I.R though 'first is not used in the code. F.I.R
10585103
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is not the be all and end all of every criminal case and is
not sunstantive evidence . It can be used only for limited
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purposes, like corroborating the maker thereof or as one
Law - lawyers & legal
of res-gestae or for being tendered in a proper case u/sec
Profession
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32 (1) of Evidence Act or part of informant's conduct
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u/sec 8 of Evidence Act. (AIR 1963 AP 252).
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"154.

Information

in

cognizable

cases.

(1) 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 State Government may prescribe in this behalf.

Workplace Equality & NonDiscrimination

(2) A copy of the information as recorded under subsection (1) shall be given forthwith, free of cost, to the
Yet Another Category

informant.
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(3) Any person aggrieved by a refusal on the part of an

officer in charge of a police station to record the
information referred to in sub- section (1) may send the
substance of such information, in writing and by post, to
the Superintendent of Police concerned who, if satisfied
that such information discloses the commission of a
cognizable offence, shall either investigate the case

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himself
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or direct an investigation to be made by any

police officer subordinate to him, in the manner provided
by this Code, and such officer shall have all the powers
of an officer in charge of the police station in relation to
that
offence.''

Sub-section (1) of Section 154 of Cr.P.C. contains four

mandates to an officer in-charge of a police station. The
first enjoins that every information relating to
Copyright Registration
commission of a cognizable offence if given orally shall
be reduced to writing and the second directs that it be
read over to the informant; the third requires that every
To Copyright Your Books, Videos,
Songs, Scripts etc such information whether given in writing or reduced to
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writing shall be signed by the informant and the fourth is
admin@legalserviceindia.com
that the substance of such information shall be entered in
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Supreme Court Judgments

F.I.R-- Silent Features

Evidentiary value of F.I.R

Information of cognizable offence can be

given by any person to police having
jurisdiction

The value of F.I.R depends on the

circumstances of each case, nature of the
crime, information and opportunity of
witnessing the offence (AIR 1973 SC 476)

Despite F.I.R is outside the mischief of

section 162 of Cr.P.C, still it is not
substantive piece of evidence; that is,
it cannot vouch safe the truth of its
contents. It has to be duly proved as any
other fact by evidence.

F.I.R can be used:

1.

Police officer shall reduce such

information in writing
Informant's signature must be obtained
the contents of such information should be
read over to Informant

2.

such information must be entered in

record by the police officer
Police officer shall give a copy of such
information to the informant forthwith
3.

Original F.I.R must be sent to the

Magistrate forthwith
Despite a police officer refuses to register
F.I.R, the aggrieved person can send such
information to the Superindent of Police by
post.

4.

considered a substantive piece of evidence. It can only be

used to corroborate or contradict the informant's evidence
in court. But this information when recorded is the basis
of the case set up by the informant. It is very useful if
recorded before there is time and opportunity to
embellish or before the informant's memory fades. Undue
or unreasonable delay in lodging the FIR, therefore,
inevitably gives rise to suspicion which puts the court on
guard to look for the possible motive and the explanation
for the delay and consider its effect on the
trustworthiness or otherwise of the prosecution version.
In our opinion, no duration of time in the abstract can be
fixed as reasonable for giving information of a crime to
the police, the question of reasonable time being a matter
for determination by the court in each case. Mere delay in
lodging the first information report with the police is,
therefore, not necessarily, as a matter of law, fatal to the
prosecution. The effect of delay in doing so in the light of
the plausibility of the explanation forthcoming for such
delay accordingly must fall for consideration on all the
facts and circumstances of a given case."
- Delay in giving information: "First information report
in a criminal case is an extremely vital and valuable piece
of evidence for the purpose of corroborating the oral
evidence adduced at the trial. The importance of the
report can hardly be overestimated from the standpoint of
the accused. The object of insisting upon prompt lodging
of the report to the police in respect of commission of an
offence is to obtain early information regarding the
circumstances in which the crime was committed, the
names of the actual culprits and the part played by them
as well as the names of eye witnesses present at the scene
of occurrence. Delay in lodging the first information
report quite often results in embellishment which is a
creature of afterthought. On account of delay, the report
not only gets bereft of the advantage of spontaneity,
danger creeps in of the introduction of coloured version,
exaggerated account or concocted story as a result of
deliberation and consultation. It is therefore, essential
that the delay in the lodging of the first information
report
should
be
satisfactorily
explained."
- There can be no second FIR: '' In Meharaj Singh, The
Hon'ble Supreme Court of India explained the
consequences that may ensue due to delay in dispatching
FIR to the Magistrate in the following words :
"..........One of the checks is the receipt of the copy of the
FIR, called a special report in a murder case, by the local
Magistrate. If this report is received by the Magistrate
late it can give rise to an inference that the FIR was not
lodged at the time it is alleged to have been recorded,
unless, of course the prosecution can offer a satisfactory
explanation for the delay in despatching or receipt of the
copy of the FIR by the local Magistrate. Prosecution has
led no evidence at all in this behalf......"

- '' In the case of T.T. Antony, it has been held by The

Hon'ble Supreme Court of India that there can be no
second FIR. While dealing with Section 154 and other
relevant provisions, this Court said: " An information
given under sub-section (1) of Section 154 Cr.P.C is
commonly known as first information report (FIR)
though this term is not used in the Code. It is a very
important document. And as its nickname suggests it is
the earliest and the first information of a cognizable
offence recorded by an officer in charge of a police
station. It sets the criminal law in motion and marks the
commencement of the investigation which ends up with
the formation of opinion under Section 169 or 170
Cr.P.C, as the case may be, and forwarding of a police
report
under
Section
173
Cr.P.C.
- In the case of Ramesh Baburao Devaskar, The Hon'ble
Supreme Court of India, it was observed that " A First
Information Report cannot be lodged in a murder case
after
the
inquest
has
been
held.''
- In Dharma Rama Bhagare v. State of Maharashtra,
The Hon'ble Supreme Court of India held that FIR is
never treated as a substantive piece of evidence; it can
only be used for corroborating or contradicting its maker
when he appears in Court as a witness.
- In the case of Vikram and Ors. v. State of
Maharashtra31, The Hon'ble Supreme Court of India
noticed : "It may be true that P.W. 2 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. The Head Constable
states that he had written down the same but then it must
have been a cryptic report and only for the purpose of
visiting the scene of occurrence.He as well as the
Investigating Officer did not say that it was a detailed
report. If, in the aforementioned premise, another First
Information Report which was a detailed one came to be
recorded, no exception can be taken to the same being
treated
as
a
First
Information
Report."
- FIR is not supposed to an encyclopedia: The Hon'ble
Supreme Court held that ''Though the FIR is not
supposed to an encyclopedia of the factors concerning the
crime, yet there must be some definite information vis-`vis
the
crime.''
- '' F.I.R can come from any quarters, even anonymous
sources-- it is not encyclopedia of entire proseution case

It
need
not
give
all
details
''
- F.I.R. need not contain all details of the occurrence: In
the case of ''STATE OF HARYANA Vs. SHER SINGH
& ORS., Supreme Court of India held that ''The fact that

P.W. 3 did not mention in the F.I.R. that she had informed
some persons of the village before the lodging of the
F.I.R. and that for this reason her statement could not be
relied on is not correct. The F.I.R. need not contain all
details of the occurrence nor does the omission to
mention the name of persons whom she informed in the
village detract from the credibility of the report. The
omission is a mere omission of details and not a
contradiction.''
- ''F.I.R not inteded to be a very detailed document . It is
meant to give only the substative of the allegations
made.''
- Omission of details in First and Inquest Report-Effect
of-: In the case of PEDDA NARAYANA & ORS. Vs.
STATE OF ANDHRA PRADESH; The Hon'ble
Supreme Court of India held that ''theHigh Court rightly
believed the evidence of the prosecution witnesses and
there was no error in its approach to the case. (1) The
witness who gave the first information must have been
extremely perturbed having seen the attack on his
companion. Even so, all the essential details which a first
information should contain are there. The names of the
accused and the circumstances of the murderous assault
are mentioned. Shorn of minute detail the broad picture
presented by the prosecution was mentioned in the first
information which was lodged soon after the occurrence.
it is neither customary nor necessary to mention every
minute detail in the first information.'' (See also 1976
Crl.L.J 1921; 1975 Crl.L.J 870 (SC); 1982 Crl.L.J 173;
1978 Crl.L.J 9 (NOC); AIR 1981 SC 631).
- ''Omission of details in FIR do not affect prosecution
case''
- Names of culprits in F.I.R: It was observed by the
Hon'ble Supreme Court of India in the case of ''State of
Maharashtra & Anr Vs Mohd. Sajid Husain Mohd. S.
Husain etc'' that ''... Once a criminal case is set in motion
by lodging an information in regard to the commission of
the offence in terms of Section 154 Cr. PC, it may not
always be held to be imperative that all the accused
persons must be named in the First Information Report.''
- The Hon'ble Supreme Court held that ''Name of accused
absent in F.I.R. Evidence of reliable eye witnesses giving
name
of
accused
cannot
be
rejected.''
- In Emperor vs. Khwaja Nazir Ahmad [AIR (32) 1945
PC 18], the Privy Council spelt out the power of the
investigation of the police, as follows : "In India as has
been shown there is a statutory right on the part of the
police to investigate the circumstances of an alleged
cognizable crime without requiring any authority from
the judicial authorities, and it would, as their Lordships

think, be an unfortunate result if it should be held

possible to interfere with those statutory rights by an
exercise of the inherent jurisdiction of the Court."
- This plenary power of the police to investigate a
cognizable offence is, however, not unlimited. It is
subject to certain well recognised limitation. One of
them, is pointed out by the Privy Council, thus : "if no
cognizable offence is disclosed, and still more if no
offence of any kind is disclosed, the police would have
no authority to undertake an investigation."
- In Narangs' case, it was, however, observed that it
would be appropriate to conduct further investigation
with the permission of the Court. However, the sweeping
power of investigation does not warrant subjecting a
citizen each time to fresh investigation by the police in
respect of the same incident, giving rise to one or more
cognizable offences, consequent upon filing of
successive FIRs whether before or after filing the final
report under Section 173(2) Cr.P.C. It would clearly be
beyond the purview of Sections 154 and 156 Cr.P.C. nay,
a case of abuse of the statutory power of investigation in
a
given
case.
- The Hon'ble Supreme Court in the said judgment (a
Registered Society v. Union of India & Ors. [1999 (6)
SCC 667].) at paragraph 174 of the report has held
thus :"The other direction, namely, the direction to CBI to
investigate "any other offence" is wholly erroneous and
cannot be sustained. Obviously, direction for
investigation can be given only if an offence is, prima
facie, found to have been committed or a person's
involvement is prima facie established, but a direction to
CBI to investigate whether any person has committed an
offence or not cannot be legally given. Such a direction
would be contrary to the concept and philosophy of
"LIFE" and "LIBERTY" guaranteed to a person
under Article 21 of the Constitution. This direction is in
complete negation of various decisions of this Court in
which the concept of "LIFE" has been explained in a
manner which has infused "LIFE" into the letters
of Article 21.
"
- '' Ravinder Kumar v. State of Punjab (SC) 2001
Crl.L.J.4242, relevant paragraphs of which read as under:
" When there is criticism of the ground that FIR in a case
was delayed the Court has to look at the reason why there
was such a delay. There can be a variety of genuine
causes for FIR lodgment to get delayed. Rural people
might be ignorant of the need for informing the police of
a crime without any lapse of time. This kind of
unconversantness is not too uncommon among urban
people also. They might not immediately think of going
to the police station. Another possibility is due to lack of
adequate transport facilities for the informers to reach the

police station. The third, which is a quite common

bearing, is that the kith and kin of deceased might take
some appreciable time to regain a certain level of
tranquility of mind or sedativeness of temper for moving
to the police station for the purpose of furnishing the
requisite information. Yet another cause is, the persons
who are supposed to give such information themselves
could be physically impaired that the police had to reach
them on getting some nebulous information about the
incident.''
- HELD: We are not providing an exhausting catalogue of
instances which could cause delay in lodging the FIR.
Our effort is to try to point out the stale demand made in
the criminal courts to treat the FIR vitiated merely on the
ground of Crl.Appeal No.335-DB of 2005 -12- delay in
its lodgment cannot be approved as a legal corollary. In
any case, where there is delay in making the FIR the
court is to look at the causes are not attributable to any
effort to concoct a version no consequence shall be
attached to the mere delay in lodging the FIR. Vide
Zahoor v. State of U.P. 1991 Supl.(1) SCC 372; Tara
Singh v. State of Punjab 1991 Suppl.(1) SCC 536; Jamna
v.
State
of
U.P.
1994
(1)
SCC
- In Tara Singh (supra) made the following observations:
`It is well settled that the delay in giving the FIR by itself
cannot be ground to doubt the prosecution case.''
- In Ram Kumar Pande vs The State Of Madhya
Pradesh; HELD : '' The First Information Report is a
previous statement which, strictly speaking, can be only
used to corroborate or contradict the maker of it.''
- In Malkiat Singh vs State Of Punjab And Ors;
HELD: 1. The First Information Report is not substantive
evidence. It can be used only to contradict the maker
thereof or for corroborating his evidence and also to
show that the implication of the accused was not an afterthought. 2. Since the examination of first information was
dispensed with by consent F.I.R. became part of the
prosecution
evidence.
...''
- In Ram Jag And Others vs The State Of U.P.;
HELD : It is true that witnesses cannot be called upon to
explain every hour's delay and a commonsense view has
to be taken in ascertaining whether the First Information
Report was, lodged after an undue delay so as to afford
enough scope for manipulating evidence. Whether the
delay is so long as to throw a cloud of suspicion on the
seeds of the prosecution must depend upon a variety of
factors which would vary from case to case. Even a long
delay in filing report of an occurrence can be condoned if
the witnesses on whose evidence the prosecution relies
have no motive for implicating the accused. On the other
hand, prompt filing of the report is not an unmistakable

guarantee of the truthfulness of the version of the

prosecution.
- In Sarwan Singh And Ors. vs State Of Punjab [23];
IT WAS OBSERVED: it is well settled that mere delay in
despatch of the F.I.R. is not a circumstance which can
throw out the prosecution case in its entirety. The matter
was considered by this Court in P[sic]a Singh v. State of
Punjab where this Court observed as follows: But when
we find in this case that the F.I.R. was actually recorded
without delay and the investigation started on the basis of
that F. I. R and there is no other infirmity brought to our
notice, then, however improper or objectionable the
delayed receipt of the report by the Magistrate concerned
it cannot by itself justify the conclusion that the
investigation was tainted and the prosecution
insupportable.
- HELD: '' General diary entry is not first information
report. Entry not to be signed by the person giving the
information, but the first information report has to be
signed
by
the
person
giving
it.''
- Telephone call being too criptic could not constitute the
FIR. Further, it was held that ''Telephonic message cane
be
F.I.R.''
- First information Report is not a substantive or a
primary piece of evidence of the truth of its contents.
- Yet, it was held in the case AIR 1953 Madh 249, where
the first information report is also a dying declaration it
can be used as substantive or primary evidence as a dying
declaration.
- F.I.R can be tendered in evidence under chapter II of
Evidence Act, such as dying declaration u/sec 32 (1) or as
part of informant's conduct u/s 8. It can ordinarily be
used only for the purpose of corroborating,ontradicting or
discrediting u/ss 157,145, and 155 of Evidence Act, its
author if examined and not any other witness.
- F.I.R when not hit by sec 25 of Evidence Act and u/s
162 of Cr.P.C, it is admissible in evidence, as conduct of
the
maker
u/s
8
of
Evidence
Act.
- Facts in F.I.R not read over to informant- not a serious
infirmity when the informant himself deposed in the case
and
proved
the
F.I.R.
- ''Police duty bound to lodge F.I.R and investigation into
cognizable offence- Recording of F.I.R is mandatory.''
- HELD: ''F.I.R may hearsay. It need not necessarily be
given by a person having the first hand knowledge of
facts''

- SOME RELEVANT CASE -LAW AS TO ''Delay by

itself cannot be held for rejecting evidence which is
otherwise credit worthy : AIR 1976 SC 2455; AIR 1972
SC 2679; AIR 1974 SC 606; AIR 1973 SC SC 1; AIR
1974 SC 2118; 1982 Crl .L.J 36; AIR 1983 SC 810; AIR
1972
SC
2679.
Conclusion:
A fortiori, it is to be remembered that in the recent
case, State of U.P Vs Krishna Mater & Ors, 2010 (2)
L.S 42 (SC), it was held that FIR need not be an
encyclopedia of minute details of the incident nor it is
necessary to mention therein the evidence on which
prosecution proposes to rely at the trial.
*****************
# State of U.P Vs Krishna Mater & Ors, 2010 (2) L.S 42
(SC)
# T.T.ANTONY Vs. STATE OF KERALA & ORS.
#
AIR
1972
SC
679
# APREN JOSEPH ALIAS CURRENT KUNJUKUNJU
& ORS. Vs.THE STATE OF KERALA; Citations: 1973
AIR,
1
1973
SCR
(2)
16
# Munshi Prasad And Others VS State of Bihar;
Citations: AIR 2001 SC 3031, 2001 (2) ALD Cri 882
# In the case of ''Madhukar Dattoba Jadhav and another
VS The State of Maharastra '', it was observed that ''The
Supreme Court in the case of Thulia Kali v. The State of
Tamil Nadu, 1972 Cri.L.J. 1296, in # Head Note (B) it is
held
thus:--# Pandurang Chandrakant Mhatre & Ors Vs State of
Maharashtra,
it
was
observed
.
#
Ramesh
Baburao
Devaskar's
case
# Gorle S. Naidu Vs State of A.P. and Ors.
#
1987
Crl
.L.J
1965
# Citations: 1981 AIR 1021, 1981 SCR (3) 1
# AIR 1975 SC 1252; AIR 1985 SC 1384; 1985 Crl.L.J
1933
#
1975
AIR
1252,
1975
SCR
84
#
1982
SCC
(CR)
223
# see also In Vinod G. Asrani v. State of Maharashtra,
[2007 (3 ) SCALE 241], and Kari Choudhary v. Sita Devi
and
Ors.,
# AIR 1983 SC 554; AIR 1987 SC 923
# see also In State of Haryana vs. Bhajan Lal & Ors.
[1992 Suppl.(1) SCC 335]; State of West Bengal vs.
Swapan Kumar Guha (1982) 1 SCC 561; S.N.Sharma vs.
Bipen Kumar Tiwari (1970) 1 SCC 653; R.P.Kapur vs.
State of Punjab (1960) 3 SCR 388; Nandini Satpathy vs.
P.L.Dani (1978) 2 SCC 424 and Prabhu Dayal Deorah vs.
District Magistrate, Kamrup (1974) 1 SCC 103], and the
judgment of the Privy Council in Khwaja Nazir Ahmad's
case.
# It was observed in '' SESCERREVTIACREYS,,
MUI.NPO.R&IRORRISG.ATION & RURAL ENGG.
Vs. SAHNGOO RAM ARYA & ANR.; DATE OF

JUDGMENT:
07/05/2002''
#
Anil
Kumar
.....Appellant
vs
State
of
Punjab.....Respondent ., ;Sanjay Kumar, Dalbir Singh and
Ajay Kumar .....Appellants vs. State of Punjab
.....Respondent., ; Crl.Appeal No.422-DB of 2005; Ashok
Kumar .....Appellant vs. State of Punjab ......Respondent
# 1975 AIR 1026, 1975 SCR (3) 519
# 1991 SCR (2) 256, 1991 SCC (4) 341
#
1974
AIR
606,
1974
SCR
(3)
9
# AIR 1976 SC 2304, 1976 CriLJ 1757, (1976) 4 SCC
369
#
AIR
1962
Cal
504
#
AIR
1975
SC
1453
#
1990
Crl
.L.J
1306
# AIR 1957 SC 366; AIR 1958 AP 571; AIR 1968
ORISSA
167
# AIR 1957 SC 366; 1975 Crl. L. J 634
# AIR 1939 PC 47; AIR 1964 SC 1850
#
1988
Crl.L.J
1412
#
1986
(111)
Crimes
40
# AIR 1974 SC 1936

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Compensatory Jurisprudence
Justice hurried is justice buried
Is Capital Punishment Ethical
Investigation and Law
Relevancy and Admissibilityunder Indian Evidence Act
Analysis of Section 144 of CrPC
Feminist Criminology And Integrated Theory
Plea Bargaining in Indian Legal System
Fair Trial under Section 304 of Crpc
Deterrent effect of Punishment
Applicability of the M
Nothing Honourable in Honour Killing
De-Criminalisation of politics

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