FIRST INFORMATION REPORT
F.I.R
Introduction:
F.I.R. is the most important document in a criminal case that furnishes the clue of possible the truth of the allegation against the accused and also causes a firm impression of
the prosecution case. It is a statement that is made soon after the occurrence when
the memory of the occurrence is fresh.
The accused cannot claim an opportunity of hearing before registration of F.I.R.
The magistrate can give information on the commission of the offense and direct the registration of the case.
Any doubt in
lodging F.I.R and commencement of investigation gives rise to a benefit in
favor of the accused.
No, the investigation could be initiated without first recording of F.I.R., and once an
F.I.R. had been recorded the investigation would be undertaken on its basis.
Facts and
crime not incorporated in the F.I.R. and not emanating from the facts given in
it were not to be made the basis of investigation under F.I.R. is not barred.
S.154 CrPC 1898
Information in cognizable cases:
Every
information relating to the commission of a cognizable offense if given orally
to an officer-in-charge of a police station shall be reduced in writing by him
or under his direction and be read to the informant: and every such
information, whether given in writing or reduced to writing, 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 provincial government may prescribe
on this behalf.
Registration of F.I.R.
Requirement
of law is that police officer has to record F.I.R. mandatorily of a cognizable case under, S.154 Crpc, but where it is a non-cognizable case, then substance
of such information is to be entered in the relevant register, but in each case
refusal to register a case is out of the question.
Modes of information:
Information
relating to the commission of a cognizable offence may be in the following
form:
(i)
Oral
(ii)
Written
ORAL INFORMATION
Information
relating to the commission of an offence if given orally to an
officer-in-charge of a police station, then it must be
(a)
Reduced
in writing
(b)
Read
over to the informant
(c)
Signed
by the informant
(d)
Entered
in its substance in a prescribed book
WRITTEN INFORMATION
If the
information given is in the written form than it must be:
(a)
Signed
by the informant
(b)
Entered
in its substance in a prescribed book
Who may lodge F.I.R?
F.I.R can be lodged by any person whether he has got interested
in the matter or not.
Time for recording F.I.R.
F.I.R. shall be recorded by the SHO after determination about
commission of a cognizable offence.
EFFECT OF F.I.R.
Registration of case does not mean that persons against whom
allegations are levelled in F.I.R. are in fact guilty of the offences. F.I.R. is
neither substantive evidence nor an exhaustive document but it may be used to
support or contradict the evidence of the person who gave the information.
USE OF F.I.R. IN BAIL CASES:
Though F.I.R. is not a substantive piece of evidence it
can be used for some other purposes like while considering the question of
grant of bail, the Court generally refers to the F.I.R. in order to find out
whether the accused was nominated in the F.I.R. and if so, what overt act was
attributed to him in respect of the alleged crime.
DYING DECLARATION AS F.I.R.
A dying declaration may be treated as F.I.R. whether the
F.I.R. is also a dying declaration it can be used as substantive evidence.
OBLIGATION OF POLICE TO RECORD F.I.R:
Requirement of law is that police officer has to record F.I.R
mandatorily of a cognizable case u/s.154 Crpc and refusal to register it is out
of the question.
REMEDY AGAINST REFUSAL TO RECORD F.I.R:
Where the police authorities refused to register a case of a
cognizable offence, then the person aggrieved, has the following remedies:
(i)
To
move the High Court in its constitutional jurisdiction.
(ii)
To
file a petition u/sec.22-A, 22B Crpc before the session court for issuing of
direction against the concerned authorities to register a case.
QUASHING OF FIR:
Where F.I.R. was found to
have been recorded with malafide intention and just to frustrate the
proceeding, it can be quashed by the High Court u/s. 561-A Crpc.
INFORMATION IN NON-COGNIZABLE OFFENCES U/S.155:
In case of information of
a non-cognizable offence u/s.155 committed within the limits of a police
station, the police officer enter its substance in the prescribed book which is
known as Roznamcha and refers the informant to the magistrate.
INVESTIGATION ON SUCH INFORMATION:
A police officer does not
investigate a non-cognizable offence without the order of a first or second
class magistrate having the power to try such case or send the same for trial to
the Court of Session.
POWER OF POLICE OFFICER
Police officer may
exercise all such powers as an officer-in-charge of a police station may
exercise in a cognizable case.
WHERE CASE ENTAILING BOTH COGNIZABLE AND NON-COGNIZABLE:
Where a case in
registered relating to fact entailing commission of both cognizable and
non-cognizable offences, then the police can investigate all such offences without
permission of a magistrate.
F.I.R BY MINOR
A minor is competent to
lodge F.I.R
CONTENTS OF F.I.R
(i)
Serial
number
(ii)
Police
station
(iii)
Date
& time & place of commission of the offence
(iv)
Date
of recording of F.I.R
(v)
Name
& address of the complainant
(vi)
Distance
of the place of commission of offence from the police station
(vii)
Signature
or thumb of the complainant
(viii)
Signature
of person who recorded F.I.R
TRANSFER OF INVESTIGATION
Chief Minister of a
Provence is not conferred with any power to order the transfer of investigation
of a criminal case from one police officer to another.
IRREGULAR INVESTIGATION
ASI proceeding to the
spot and investigated without authorization from SHO irregular.
POWER OF HIGH COURT AND SESSIONS JUDGES TO INTERFERE:
High Court has no power
to interfere with the police investigation and assume the role of investigator.
Conduct and manner of the investigation is not to be scrutinized under constitutional jurisdiction which
might amount to interference in the police investigation as the same cannot be
substituted by the court.
Sessions and Additional
Sessions Judges can transfer investigation and can issue-directions for
registration of case