Jan 20, 2018
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First Information Report (FIR)

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First Information Report (FIR)

An information given under sub-section (1) of section 154 CrPC commonly known as first information report (FIR) though this term not used in the Criminal Procedure Code (in short CrPC). Its the earliest and the first information of a cognizable offence  recorded by an officer-in-charge of a police station. As soon as the FIR made, the criminal law sets in motion. It also marks the commencement of the investigation which ends up with the formation of opinion under section 169 or 170 CrPC. It also forwards a police report under section 173 CrPC.

Apart from a vague information by a phone call, the information first entered in the station house diary, kept for this purpose, by a police officer-in-charge of a police station is the first information report- FIR postulated by section 154 CrPC. All other information made orally or in writing after the commencement of the investigation of offence. It shall entered into station house diary.  No such information can properly treated as an FIR. It shall entered in the station house diary again. As it would in effect be a second FIR and the same cannot in conformity with the scheme of CrPC.

Purpose and Object of First information report

Following enunciates the purpose and objects of First information report :

  1.  To reduce the substance of information disclosing commission of a cognizable offence, if given orally, into writing.
  2. To maintain record the information received relation to commission of cognizable offences.
  3. If given in writing to have it signed by the complainant.
  4. To commence investigation on receiving the information relating to commission of cognizable offence.
  5. To inform Magistrate about facts of the information received.

Evidentiary Value of FIR.

FIR does not amounts to a piece of substantive evidence. It can used only for limited purposes, like corroborating under section 157 of the Evidence Act or contradicting (cross-examination under section 145 of Evidence Act). It can also used under section 8 and section 11 of the Evidence Act. Obviously, the FIR cannot used for the purposes of corroborating or contradicting or discrediting any witness other than the one lodging the FIR.

It cannot used for corroborating the statement of a third party. If the FIR is of a confessional nature. It cannot proved against the accused-informant. As according to section 25 of the Evidence Act, no confession made to a police officer can considered as proof against a person accused of any offence. But it might become relevant under section 8 of the Evidence Act.

What you will do when police officer refuse to register FIR

When a police officer-in-charge of a police station or any other police officer subordinate to officer in charge of police station, refuses to register FIR. Then any person aggrieved by such refusal, may send the substance of such information disclosing a cognizable offence, to the Superintendent of Police under section 154(3) or to the Magistrate concerned under section 156(3) of the CrPC.

Punishment for giving false information.

Punishment for giving false information to the police governed under section 182, 203 & 211 of Indian Penal Code. Even if such information not converted into FIR. The person giving the false information may punished for preferring a false charge under section 211 of IPC. A police officer refusing to enter in the diary a report made to him about the commission of an offence, and instead making an entry totally different from the information given, would be guilty under Sections 166A and 177 of IPC.

 

Article Categories:
Criminal law

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