FIR – FIRST INFORMATION REPORT
The term “First Information Report” is not defined anywhere in the Indian Legal System. However, it can be said to be information given to the police officer first in point of time relating to the cognizable offenses.
[Section 2( c ) of the Code of Criminal Procedure – cognizable offense” means an offense for which, and “cognizable case” means a case in which, a police officer may, in accordance with the First Schedule or under any other law for the time being in force, arrest without warrant;]
This is one of the modes by which the criminal law is put into motion. It is the earliest report made to the police officer with a view to his taking action and on the basis of which investigation has commenced.
Section 154 of The Code of Criminal Procedure, 1973.
The provision regarding the first information report is dealt with in Section 154 of The Code of Criminal Procedure, 1973.
[“154.Information in cognizable cases
(1)Every information relating to the commission of a cognizable offences, if given orally to an officer in charge of a police station, shall be reduced to writing by him or under his direction, and be read 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 thereof shall be entered in a book to be kept by such officer in such form as the State Government may prescribe in this behalf.
Provided that if the information is given by the woman against whom an offence under section 326A, section 326B, section 354, section 354A, section 354B, section 354C, section 354D, section 376, section 376A, section1 376AB, section 376B, section 376C, section 376D, section 376DA, section 376DB, section 376E or section 509 of the Indian Penal Code is alleged to have been committed or attempted, then such information shall be recorded, by a woman police officer or any woman officer;
Provided further that—
(a) in the event that the person against whom an offence under section 354, section 354A, section 354B, section 354C, section 354D, section 376, section 376A, section1 376AB, section 376B, section 376C, section 376D, section 376DA, section 376DB, section 376E or section 509 of the Indian Penal Code is alleged to have been committed or attempted, is temporarily or permanently mentally or physically disabled, then such information shall be recorded by a police officer, at the residence of the person seeking to report such offence or at a convenient place of such person’s choice, in the presence of an interpreter or a special educator, as the case may be;
(b)the recording of such information shall be video graphed;
(c) the police officer shall get the statement of the person recorded by a Judicial Magistrate under clause (a) of sub-section (5A) of section 164 as soon as possible.
(2)A copy of the information as recorded under sub- section (1) shall be given forthwith, free of cost, to the informant.
(3)Any person aggrieved by a refusal on the part of an officer in charge of a police station to record the information referred to in subsection (1) may send the substance of such information, in writing and by post, to the Superintendent of Police 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 officer in charge of the police station in relation to that offence.”]
It is generally a complaint logged with the police by the victim of the cognizable offence or by someone on his/her behalf. A police officer who comes to know about a cognizable offence can file an FIR himself or herself.
Any person aware of the commission of any cognizable offence may give information to the police either orally or in writing and may, thereby set the criminal law into motion. Such information is to be given to the officer in charge of the police station having jurisdiction to investigate the offence. Even a telephonic message can be treated as a FIR. Such information is to be recorded in the manner provided under section 154.
Conclusion
An essential component of Indian criminal law that initiates the judicial procedure is the First Information Report (FIR). It is the first time a victim or someone reporting on their behalf has reported a cognizable offence to the police. Section 154 of The Code of Criminal Procedure, 1973, which governs the FIR, makes sure that all information is accurately documented and signed. An FIR can even be submitted through telephone message, and it can be started by anyone who is aware of a cognizable offence.
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Written by Ms. Devyani Thawkar and Team.
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Frequently Asked Questions:
Q1. What does the acronym FIR mean and what does it mean in India?
A1. The first information report, or FIR, is what starts the criminal justice system in India when a cognizable offence is reported.
Q2. Is there a definition of “First Information Report” in Indian law?
A2. No, the phrase is not defined precisely, although it refers to the first police complaint of a crime.
Q3. Who in India is eligible to submit a FIR, and to whom should it be sent?
A3. The victim or someone on their behalf may submit a FIR. The official in charge of the police station with authority over the offence should receive it.
Q4. Why is a cognizable offence important to FIRs and what is it?
A4. An arrest without a warrant can be made by a police officer for a cognizable offence. Such offences are covered by separate FIRs.
Q5. Can a telephone message in India be treated as a FIR?
A5. Yes, a telephonic message can be considered a FIR and start the legal process.
Q6. What function does Section 154 serve in regards to FIRs?
A6. In India, the method for filing and recording FIRs is governed by Section 154 of the Criminal Procedure, 1973.
Q7. Can the offender choose between filing a FIR verbally or in writing?
A7. Yes, the offence may be reported verbally or in writing, and it must be well documented.
Q8. Is giving the informant a copy of the recorded FIR required, and is there a charge?
A8. Yes, the informant must receive a free copy of the recorded FIR.
Q9. What can a person do in India if the police won’t file a FIR?
A9. The displeased party may transmit the information in writing to the Superintendent of Police, who will launch an investigation if the police refuse.
Q10. What is the main function of a FIR under Indian law?
A10. An FIR is primarily used to open an inquiry into a criminal offence and to begin the criminal justice process.
