First Information Report (FIR) is a critical element in the Indian criminal justice system. It is the first step towards initiating a criminal investigation and is governed by the Code of Criminal Procedure, 1973 (CrPC). FIR acts as a formal record of information received by the police regarding the commission of a cognizable offence.
What is an FIR?
- FIR stands for First Information Report.
- It is a written document prepared by the police when they receive information about the commission of a cognizable offence.
- It is recorded under Section 154 of CrPC.
- FIR sets the criminal law in motion and is the basis for police investigation.
Legal Provisions Governing FIR
Section 154 of the CrPC, 1973
- Deals with the procedure for recording FIR in cognizable offences.
- The information can be given orally or in writing by the informant.
- If given orally, it must be reduced to writing by the officer in charge and read over to the informant.
- A copy of the FIR must be given free of cost to the informant.
Essentials of a Valid FIR
- Must relate to a cognizable offence (e.g., murder, rape, theft).
- Must be provided to the officer-in-charge of a police station.
- Must be signed by the informant after being read over.
- Must be entered in the record book maintained by the police station.
Procedure for Filing an FIR
- Visit the nearest police station having jurisdiction.
- Provide details of the offence — what happened, where, when, and who was involved (if known).
- Officer will write down the statement or enter it digitally.
- The informant signs the FIR, and a copy is handed over.
Rights of the Informant While Filing an FIR
- Right to get a free copy of the FIR.
- Right to ensure the accuracy of the information recorded.
- Right to demand action in case the police refuse to register an FIR.
- Can file an online FIR in many states through official police websites.
What if Police Refuses to Register an FIR?
If a police officer refuses to register an FIR:
- The informant can approach the Superintendent of Police (SP) under Section 154(3) CrPC.
- File a written complaint with the Judicial Magistrate under Section 156(3) to direct the police to investigate.
Case Laws on FIR
Lalita Kumari v. Government of Uttar Pradesh (2014)
- The Supreme Court ruled that registration of FIR is mandatory when information discloses a cognizable offence.
- Preliminary inquiry is permissible only in certain exceptional cases.
State of Andhra Pradesh v. Punati Ramulu (1993)
- The Court held that delayed FIRs must be explained properly, else they may weaken the prosecution’s case.
Evidentiary Value of an FIR
- FIR is not a substantive piece of evidence.
- It can be used to corroborate or contradict the informant or witness under Section 157 and Section 145 of the Indian Evidence Act.
- FIR may play a crucial role in establishing the sequence of events in a criminal trial.
Difference Between Cognizable and Non-Cognizable FIR
| Basis | Cognizable FIR | Non-Cognizable Report |
|---|---|---|
| Nature of Offence | Serious (e.g., murder, rape) | Less serious (e.g., defamation, hurt) |
| Police Powers | Can register FIR and start investigation | Cannot investigate without magistrate’s order |
| Registration Process | FIR under Section 154 CrPC | Entry in General Diary under Section 155 CrPC |
Importance of FIR in Criminal Justice
- Acts as the foundation of a criminal case.
- Helps preserve early accounts of crime.
- Initiates investigative machinery of the state.
- Ensures speedy justice by marking the start of official inquiry.