Part 1: Basic Introduction
ï¿½First information report generally known as F.I.R. is the first step into
setting the criminal law in motionï¿½ remarked CJ Dutta during entertain Criminal
PIL filled by Ex- Chief of Mumbai police Param Vir Singh. F.I.R. is not
define nowhere neither under Criminal procedure code (Cr.P.C.) nor other Indian
F.I.R. is the primary information to nearest police station about the cognizable
offence either by the aggrieved party or his/her/their parents, relatives or by
the friends or by the any other person who has knowledge that cognizable offence
happened. Such information can also be given via telephone, letter or an email.
If the informant so desires, he can also file an E-FIR on the online portal of
the concerned State. F.I.R should make as soon as soon as possible because delay
create doubt about the creditability of FIR and Complaintï¿½s intention.
It is compulsory under Section 154 Cr.P.C. to logged F.I.R without preliminary
enquiry. In the case of Lalita Kumari V. govt. of UP Supreme Court held that
there is no need to preliminary investigation before logged F.I.R in the case of
cognizable offence excluding the following cases ï¿½
Family & Matrimonial Disputes,
Cases where there has been a delay of more than 3 months in initiating a
It is the duty of Station house office (SHO) or authorised police officer to
logged F.I.R. If such officer denies or refuse to do so, would liable under
Section 166A of the Indian Penal Code(IPC).
In upwards condition, Aggrieved person can go to district Superintendent of
Police under Section 154(3) with detailed information in written application.
Following that, if the SP believes the information indicates the commission of a
cognizable offence, he can examine the matter himself or order any subordinate
police officer to do so.
If SP also refuse to investigate the same, in that situation, Aggrieved person
can approach to Judicial magistrate having jurisdiction with complaint under
Section 156(3) of Cr.P.C. and judicial magistrate can order using the power of
section 190 of Cr.P.C. to log FIR.
In the rare of rarest case, Supreme Court or High Court can order to logged
F.I.R under Article 32 or Article 226 of Indian Constitution.
Manner To Log F.I.R.
(I) The information (if given orally) will be written on paper by the policeman
on the complainantï¿½s instructions and reported in a State Government-approved
(II) The written information must be read over to the informant, who must sign
the statement. If the complainant refuses to sign the F.I.R., he or she will be
punished under section 180 I.P.C.
(III) If the victim is a woman ,accused of committing an offence under sections
326A, 326 B, 354, 354AD, 376, 376A-E, and 509 of I.P.C., the report must be
registered by a female cop exclusively.
(IV) Whether the complainant is partially or fully disabled, the police officer
is responsible for recording the F.I.R. at his home.
(V) The complainant must be issued with a free copy of the F.I.R.
Types Of F.I.R.
There are many kinds of F.I.R. Some important types are following:
General F.I.R.:General F.I.R. is a F.I.R. logged by the aggrieved party or by the first party
against another party in general transactions in the nearest police station.
Its normally does
Zero F.I.R.:Normally F.I.R logged by the serial number in the Police station which has
jurisdiction to investigate the crime but Zero F.I.R logged anywhere around the
India which donï¿½t have jurisdiction to investigate the crime without any serial
number. After Nibhaya Gang Rape case in 2012, Justice Varma committee suggested
the provision of Zero F.I.R.
In 2013, Ministry of Home Affairs had circulated many advisory regarding Zero F.I.R.
On September 19, 2019 On the basis of a PIL petition led by Adv. S. Umapathi
alleging about the non-registration of ZERO FIRs, the division bench of the
Karnataka High Court gave the following instructions on the basis of
advisories of Ministry of Home Affairs:
- if the suspected offence happened even outside the Police stationï¿½s
local jurisdiction, the FIR must be filed and forwarded to the appropriate
- Failure to comply with the order to register a FIR and receive
information about a cognizable offence can result in liability of the police
officer under section 166-A of the Indian Penal Code, as well as
Cross F.I.R:When both parties logged F.I.R. against each other regarding same incident then
itï¿½s called Cross F.I.R.
Multiple F.I.R:When aggrieved parties make multiple F.I.R. with same cause of actio , itï¿½s
called multiple F.I.R. In the case of Surender Kaushik v/s State of U.P. in
this case the Court took into account all previous precedents and reaffirmed its
position on the prohibition on filing multiple F.I.Rs for the same offence
merely because multiple complaints on the same crime by separate sources will
jeopardise the inquiry. Only if the later informer accounts for an entirely new
version of the suspected event will multiple F.I. Rï¿½s be filed.
- Court room Argument in Criminal PIL Filled by Param Vir Singh 2021
- Salikram Vs State of Haryana 2007 SC
- Lalita Kumari V. govt. of UP (2014) 2 SCC 1
- Parkash Singh Badal vs. State of Punjab (2007) 1 SCC 1.
- Supra Note 1
- Code of criminal procedure, 1973 (Act No.02 of 1974), S.154(1) provided
- Ins. by Act 13 of 2013, s. 13 (w.e.f. 3-2-2013
- ibid provided - [Ins. by Act 13 of 2013, s. 13 (w.e.f. 3-2-2013)]
- Code of criminal procedure, 1973 (Act No.02 of 1974), S.154(2)
- Surender Kaushik v/s State of U.P., [Cr Appeal 305/2013]
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