Filing of F.I.

R
First Information
Report
(LAW346)
PROJECT WORK

Name AKANKSHA CHOUDHARY

Course B.A, LL.B (Hons.)
Enrollment No. A11911114142
Batch 2014-19
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Submitted To Ms. MINI SRIVASTAVA

 INTRODUCTION
FIRST INFORMATION REPORT (Constitutional responsibility of
the State, Administration of Criminal Justice through Police and
Judiciary)
Criminal law occupies a predominant place among the agencies of social control and is
regarded as a formidable weapon that society has forged to protect itself against anti-social
behavior. Criminal Procedure is an inseparable part of the panel law and the effectiveness of
the latter depends much upon the proper implementation of the former. The criminal law has
been described as one of the most faithful mirrors of the modern society reflecting the
fundamental values on which the later rests. Broadly speaking, the investigation of an offence
consists of: - 1. Proceeding to the place of offence. 2. Ascertainment of the facts and
circumstances of the case. 3. Discovery and arrest of the suspected offender. 4. Collection of
evidence relating to the commission of the offence which may consist of: - (a) Examination
of various persons (including the accused) and the reducing of their statements into writing if
the Police officer making the investigation thinks fit. (b) Search of places or seizure of things
considered necessary for the investigation or trial. 5. Formation of the opinion as to whether
on the materials collected there is a case to place the accused before a magistrate for trial, and
if so taking the necessary steps for the same by the filing of chargesheet (challan) u/s 173
Cr.P.C (Supreme Court in H.N. Rishbud V. State of Delhi 1955, Cr. L.J 526 AIR 1955 SC
196). The Principal agency for carrying out investigation of offence is the Police, and the
Police can proceed to investigate: - (a) On the information received from any person as to the
commission of any cognizable offence. (b) Even without any such information, but if they
have reason to suspect the commission of any cognizable offence. (c) On receiving any order
(to investigate) from any judicial magistrate empowered to take cognizance of any offence
under section 190 Cr.P.C.

DEFINITION
FIR has not been defined in the Cr.P.C. In fact is the information relating to the commission
of a cognizable offence that reaches the officer in charge of the Police Station first in point
of time. F.I.R. is a very valuable document. It is of utmost legal importance, both form the
point of view of the prosecution and the defence. F.I.R. constitutes the foundation of the
case in the first instance and whole of the case is built on it . If the foundation is week , then
the prosecution case will tumble down . If on the other hand , is strong if will endure the
attacks of the accused and his counsel. On receipt of such information the S.H.O. of the
Police Station is legally required to draw up a regular F.I.R. in from prescribed by the State
Government vide Sec. 154 Cr.P.C. When any information disclosing a cognizable offence is
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laid before the officerin charge of Police Station , he has no option but to register the case
on the basis thereof ( State of Haryana Vs Ch. Bhajan Lal AIR1992 SC 604, 1992 Cr.LJ 527).

FORMAT OF THE F.I.R.

Book No._________
FORM NO. 24.5 (1)
FIRST INFORMATION REPORT
First Information of a Cognizable Crime Reported under Section 154, Cr.P.C Police
Station. District No.Date and hour of
Occurrence

1.

Date and hour when reported

2.

Name and residence of informer and complainant

3.

Brief description of offence (with section) and of

Property, carried off, if any.

4.

Place of occurrence and distance and direction from

the Police Station.

5.

Name & Address of the Criminal.

6.

Steps taken regarding investigation explanation of

delay in regarding information

7.

Date and Time of dispatch from Police Station.

Signature..
Designation..
(First information to be recorded below)
NOTE: - The signature of seal or thumb impression of the informer should be at the end of
the information and the signature of the Writer of (FIR) should be existed as usual.

Sec.154 Cr.P.C.
(1) Every information relating to the commission of a cognizable offence, if given orally to
an officer 1/c of a Police Station, shall be reduced to writing by him or under his direction,
and be read over to the informer, 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
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thereof shall be entered in a book to be kept by such officer in such form as the statement
Government may prescribe in this behalf.(Daily diary register)
(2) A copy of the information as recorded under sub.sec.(1)shall be given forthwith, free of
cost to the informer.
(3) Any person aggrieved by a refusal on the part of officer-in-charge of a Police Station to
record the information referred to in sub.Sec(1),may send the substance of such information,
in writing and by post to S.P or DCsP concerned who, if satisfied that such information
discloses the commission of a cognizable offence, shall either investigate the case himself 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 I/C of the Police
Station in relation to that offence.
If the information is given orally, it should be recorded in plain and simple language as early
as possible in the informers own words. Technical or legal expression, high-flown language
or lengthy or involved sentences should not be used. No oath should be administered to the
complainant, but the statement should be read over to him and he should sign it or affix his
thumb impression to it. The report should show that this has been done.
If it is received in writing, it should be signed by the complainant.
The substance of the report be entered in Daily Diary Register also.
A copy of the F.I.R. as recorded shall be given forth-with to the complainant free of cost. The
provision of Standing Order No. 140 and instructions in this regard is attached hereto as
Annexure-I & II.
The most uncommon practice of sending away a complainant who wishes to make an oral
report to go and bring a written one should be strongly discouraged. The SHO must be made
to fulfill his responsibility in this regard.
Each F.I.R. should bear a consecutive number in the order of it arrival at the Police Station.
This number runs for a year. Not more than four copies are prepared at a time.

WHO CAN LODGE F.I.R.

(1) Complainant who is an aggrieved person or somebody on his behalf.
(2) By any person who is aware of the offence (a) as an eye witness and (b) as an hearsay
account.
(3) Provided the person in possession of the hearsay is required to subscribe his signature to it
and mention the source of his information so that it does not amount to irresponsible rumour.
The rule of law is, if general law is broken any person has a right to complain whether he has
suffered an injury or not.
(a) By the accused himself.

(b) By SHO on his own knowledge or information even when a cognizable offence is
committed in view of a officer incharge he can register a case himself and is not bound to
take down in writing any information. Under the order of Magistrate u/s 156(3) Cr.P.C. when
a complaint is forwarded to officer incharge without taking cognizance (Kanak Singh Vs.
Balabhadra Singh, 1988 Cr. LJ 579 (Gujarat). If information is only hear say, then SHO
should register case only if person in possession of hear say subscribes his signature to it and
mentions the source of his information so that it does not amount to irresponsible rumor. The
information must be definite, not vague, authentic, not baseless, gossip or rumour, clearly
making out a cognizable case.
(4) The information is only by a medical certificate or doctors ruqqa about arrival of injured,
then he (S.H.O.) should enter it in daily diary and go to hospital for recording detailed
statement of injured.

WHO CAN WRITE F.I.R

(1) A FIR is always to be written by an officer incharge of a Police Station.
(Definition of officer incharge is given in sec. 2 Cr.P.C.)
(2) According to sec. 36Cr.P.C. Police officers superior in rank to officer incharge of a
Police Station may exercise the same powers through the local area to which they are
appointed, as may be exercised by SHO with in the limit of his Police Station.
(3) Sometimes it so happens thats the information is given by the informer to a Police officer
who is out in the illaqal of a local Police Post. Strictly speaking the officers are not officers
incharge of a Police Station and such information lodged with them are not reported under
section 154 Cr.P.C. These officers record the statement of the informers F.I.Rs. These officers
record the statement of the informers and send the same on to the SHO of a Police Station for
recording F.I.Rs These statements are however admissible U/S 157 Evidence Act.
(4) Jurisdiction is an essential factor in registering a F.I.R. The provisions regarding
jurisdiction contained in section 177 to 184 Cr.P.C and 462 Cr.P.c. are guiding factor. The
latest Supreme Court ruling reported in the Indian express dated 9.10.199.

Section 156 Cr.P.C.

U/Sec.156, Cr.P.C 1973 an officer incharge of Police Station is empowered to investigate any
cognizable offences which occurs within his jurisdiction and under section 157 Cr.P.C. he is
also empowered to depute a subordinate officer not being below such rank as the state Govt.
may by general or special orders prescribed in this behalf to proceed to the spot, to
investigate the factors and circumstances of cases and, if necessary, to take measures fro the
discovery and arrest of the offender. The instruction issued from Police Headquarters and
photocopy of the news clipping of Indian Express dated 9/10/99 regarding jurisdiction of
F.I.R on territorial bar on lodging FIR.

F.I.R. ON TELEPHONE
Legally a case should not be registered (a) as there is always a doubt about its authenticity (b)
as it does not satisfy the test of Sec. 154 Cr. P.C. being not an oral statement reduced into
writing: read over, admitted correct and signed by the informer. Message to the Police on
telephone that an injured person was lying amount to FIR (Sukharam Vs. State of
Maharashtra (1969) 3 SCC, 730.

F.I.R. ON TELEGRAM
On receipt of telegram in railways case may be registered. Normally enquiry should be made
and on receipt of an original telegram, which contains the thumb, impression of signatures
case may be registered.
Officer incharge should begin to write FIR in the First Information Report Register at the
dictation of the informer. According to Para 24.5 P.P.R., the register shall; be printed book
consisting of 200 pages and shall be completely filled in before a new one is stared. Cases
shall bear annual serial; number in such Police Station for each calendar year. Every four
pages of the register shall be numbered with the same number and shall be written at the
same time by carbon copying process. The original copy shall be a permanent record of
Police Station. The other three copies shall be submitted to (a) S.P./DCP or other Gazette
Officer nominated by him (b) to the Metropolitan Magistrate empowered to take cognizance
of the offence as is required by Sec. 157 Cr.P.C. (c) one to; the complainant.
The seal to the Police Station shall; be put on every copy and original.
If an informer refuses to sign the R.I.R. he is guilty of offence u/s 180 I.P.C. which is as
follows:Whoever refuse to sign on any statement made by him, when required to sign that statement
by a public servant, legally competent to require that he shall sign that statement, shall be
jppu8nished with simple imprisonment for a term which may extend to three months, of with
fine which may extend to five hundred rupees, or with both.
If the Police Officers refuse to enter the FIR and instead enter in D.D. Register a totally
differently and false report, he is guilty u/s 177/167/218 IPC.

ESSENTIALS OF F.I.R.
SHO should keep in mind 11 Ws while recording FIR.

1. W -- what information has come to convey

2. W -- In what capacity
3. W -- Who committed crime
4. W -- Whom against crime committed
5. W -- When (Time)
6. W -- Where (Place)
7. W -- Why (Motive)
8. W -- Which may (actual occurrence)
9. W -- Witnesses.
10. W -- What was taken away
11. W -- What traces were left by the accused

DESCRIPTION OF CULPRITS IN F.I.R,

SHO should clearly fix the identity of accused, the P.Ws. and of the stolen property, (to the
extent possible)

OBJECT OF THE F.I.R.

To make a complaint to the Police to set the criminal law in motion. Its secondary though
equally important object is to obtain early information of an alleged criminal activity.

DELAY IN LODGING F.I.R.

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The longer the delay, the stronger the suspicion. That the case is false wholly or in material
particulars, so the delay should satisfactorily be explained.
(1) Care should always be taken that the names of witness are mentioned in F.I.R. If the
names of P.Ws, do not appear in it and they are examined later on, the presumption is that
they were not present at the spot and have been procured later on.
(2) Care should be taken that all the material facts are mentioned in FIR (as much available at
that time).
(3) Names of the accused persons should occur in F.I.R. and their parts also (If information is
available at that time)
(4) It is not necessary to up or cite all the P.Ws. in court.

REASONS OF DELAY
Note Reasons of the delay on the part of complainant is mentioned as DOC.
Reasons of the delay on the part of Police /is mentioned as DOP.
1. Physical condition of the informer (DOC).
2. Psychological condition of the informer (DOC).
3. Natural calamities (Both).
4. Distance of place of occurance (Both)
5. Ignorance of law of informer. (DOOC).
6. Late detection of commission of crime (DOC).
7. Due to threat, promise and undue influence (DOC).
8. Economic & social reasons (DOC).
9. Dispute over the jurisdiction of Police Station (DOP).
10. Uncertainity of place of occurance due to continuous offence (DOP).
11. Shortage of staff (DOP).
12. Unavoidable departmental formalities (including delay due to opinion of experts) (DOP)
Reasons of delay should be explained in the FIR.

IS LATER VERSION AN F.I.R.

Any information forming the basis of F.I.R. is found untrue and the later version given during
investigation is found true and chaplain is put on that basis, can the later version given in
some statement F.I.R.?
The answer is: - No..FIR will remain the same on which the investigation was
started. The later statement being during investigation, even if found true cannot become
F.I.R.

DOS AND DONTS

DOS
1. FIR should be lodged immediately.
2. It should be recorded in first person.
3. Attitude / Behaviors to wards the victim should be sympathetic.
4. Technical words should be avoided and as far possible language of the informer /
complainant should be used.
5. Written complaint should be taken.
6. But complainant should be discreet to give written statement.
7. Written statement should be duly signed or thumb imprisoned.
8. Only a report of cognizable offence should be lodged in FIR.
9. Authentic information should be mentioned in the FIR.
10. Place, Date & Time of occurrence should be mentioned in the FIR.
11. Arrived & Departure of the informer should be mentioned in the FIR as well as Daily
Dairy Register.
12. Delay, if any, in registering the case should be covered in FIR.
13. 11 Ws Should be strictly followed.
14. Description & Role of every accused involved in the Commission of offence should be
covered in FIR.
15. Kind of physical damage & property destroyed should be mentioned.
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16. Weapon of offence and observation of Scene of crime should be mentioned in the FIR.
17. Telephone number, if any, of the complainant should also be mentioned.
18. Four copies of FIR should be prepared simultaneously by carbon paper process.
19. FIR should be lodged in neat & clean handwriting and be kept in safe custody being a
permanent record.
20. A copy of FIR should be sent to MM concerned immediately
21. A copy of FIR should be provided to the complainant free of cost.

DO NOTS:
(1) Complainant should not be puzzled.
(2) Hares language should not be used.
(3) Aggression should be avoided.
(4) Unnecessary details should be avoided.
(5) Over-writing /scoring should be avoided.
(6) Offence should not be minimized.
(7) Do not forget to take thumb impression or signature of the informer.
(8) FIR should not be lodged on the basis of telephone telegram or hearsay rum our without
verifying the facts and getting the signature of the informer/ complainant.

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FORMAT OF INFORMATION IN RESPECT OF NON-COGNIZABLE OFFENCE

(N.C.R.)

Under Section 155 Cr.P.C.

Book No.________________

Page No___________________

S.NO.

THANA

1.

Date & Time of Report

2.

Name & Residence of Complaint

3.

Description of offence with offence

4.

Direction of occurrence, time & date

5.

Name and full address of witness

District

Date

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Time

Reason