The expression first information report (FIR) is not defined in the Criminal Procedure Code (CrPC), 1973, and these words are understood to mean information recorded
under section 154(I) of Cr.PC.
It is 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 the police starting the investigation. This report forms the foundation of the case. Section 154 (I) Cr.PC:- Every information relating to the commission of a cognizable offence given his or her direction and be real 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 therefore shall be entered in a block to be kept by such officer in such form as the state government may prescribe in this behalf.
The Legal Requirements for Recording FIR under Section 154 Cr.PC:
First, it must be information relating to the Commission of a cognization offence.
Secondly, it must be given to an officer in charge of a police station.
Thirdly, it must be put into writing, if already written it should be signed by the person giving it. If it is oral it must be taken down in writing and read over to the informant who should sign it.
Fourthly, the substance of the information must be entered in the prescribed register-Daily Diary.
Cognizable Offence:
According to 2 (c) of Cr.PC cognization offence means an offence for which a police officer may arrest without warrant.
Type of information that can be considered as FIR under section 154 Cr.PC:
To be a FIR section 154 CrPC, the information must relate to the commission of a cognizance offence. It must not be vague, but definite enough to enable the police to start investigation. FIR is the earliest version of the case. And it is matter of law. But it is not open to the officer in charge of the police station to consider an information as FIR according to his or her discretion.
The police officer cannot conduct an inquiry before writing the FIR, if the information given by the informants is adequate for starting an investigation. If he or she conducts an inquiry before writing the report it will not be considered by the Court as FIR. Then such a FIR will not be allowed to be used by the Prosecution as evidence in the trial. It will also be taken as the case of Prosecution. There cannot be more than one FIR in one case even if there are many victims of the alleged offence. Writing of three FIRs in one case is not legal. What is recorded first in the point of time and which reached the police officer first is the FIR. And, it is not true that the information first in point of time received by the police officer in charge of a police station is always the FIR. It is only when the information is such that investigation can be started on it that it can be called the FIR. In other words, if the information given first in point of time fulfils the conditions laid down in section 154 Cr. PC, it alone must be regarded as the first information irrespective of the fact whether it comes from the complainant or from somebody else. Police officer has no any choice to select any information and record as the FIR. It cannot be presumed that the FIR is always true. But there is any general presumption about its truthfulness. The FIR is not an indispensable requisite for investigation as a crime; the investigation can be started even without FIR.
What is FIR?
A statement casually given by an informant to a Sub-Inspector is not a FIR. It is mere hearsay. Confidential information received by the police that some bad characters had assembled at a particular place is not a FIR. Because it is not a report of crime. And mere gossip or rumors or hearsay cannot be considered as a FIR. Because it is not information, they are statement about statements relating to crime. They do not affirm the commission of a crime. An information first given to a police officer in charge of a police station cannot be considered FIR even if it is very vague and indefinite and the police officer is thereby necessitated to collect more information before starting investigation. In such situation farther information given to him/her would be more appropriately treated as FIR.
Suppose a man comes to a police station and tells the police officer that there is a shooting incident in the house of someone, say ‘M’, should he register as FIR? No. He should enter that report in the daily diary and go to the house of ‘M’ and record a statement there. If cognizable offence is disclosed, this will become the FIR mid not the first report because the first report is very vague and does not affirm the commission of a cognizable offence. The police Officer can come to know whether a cognizable offence has been committed or not after recording some statements. And, the police Officer may proceed to the place, the crime is committed and record statements on the crime when the first information given is vague and he requires more information before registering a case. Such additional information collected later becomes the basis of the FIR. A vague confidential information given by a doctor to a police officer or an information given to a police officer without disclosing the name of the informer cannot become the basis of the FIR, If a doctor in a hospital informed the police about the arrival of injured person in the hospital. It cannot be considered as the FIR. Since the doctor is vague and does not disclose any cognizable offence and other particulars. No case can be registered on it. It should be registered in the Daily Diary and Station House Officer (SHO) should go to the hospital, record the statement of the injured there and then gets a case registered on such statement. The second statement made by the injured person becomes the basis of the FIR and not the doctor. In case, an information is received by the police a officer that an injured person had been shot and had been removed to hospital, it is sufficient to register the FIR. Because the information discloses a cognizable offence. The first information is different from any information received after the commencement of the investigation, But any statement made to the police Officer after the investigation will not be considered as the FIR. The FIR cannot be recorded on the basis of information, obtained during an investigation. It is forbidden by section 162 Cr.PC.
On Telephone Message:
An information about a crime communication to the police officer telephone cannot be considered to be the FIR. According to law, a telephone call cannot be the basis of the FIR, since it lacks authenticity and it is not a signed document. There is not guarantee as to its genuineness. Reliance on it cannot be placed and investigation commenced, unless and until it is verified by a preliminary inquiry. If the telephone message is given by a known person who discloses his identity and it contains all the required facts which can constitute a cognizable offence and is reduced to writing by station house officer, it cannot be treated as FIR. The
question whether a telephonic message can be treated as the FIR is to be decided with reference to of each case.
On Telegram Message
A message communicated to the police officer in charge of a police Station cannot be always treated as the FIR. Because there are inflicting views of High Courts on this point since telegram is not signed by the sender, it cannot be treated as an authentic document and so it cannot be always treated as FIR. After receiving the telegram the police officer must verify that the person alleged to have sent it really sent it and that he meant to make that report on such verification steps will have to be taken to write a proper report under section 154(I) Cr.PC, So to start an investigation the police officer requires an authentic information. Then, what is an authentic formation? Authentic information is an information that must be capable of being traced to a specific individual, who would take the responsibility for the same, so that should the information sub- sequently turn to be false, the informant could be proceeded against. So before recording the FIR the police officer should exercise his or her judgment taking into account the facts and circumstances of each case. He must be diligent to list the information whether it is clear, definite and based on facts to disclose the commission of a cognizable offence.
The writer of this Article is the eminent educationist and erudite scholar. Recipient of National and International Awards and Honours.
