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First Information Report (FIR)

First Information Report (FIR) is a written document prepared by the police when they receive any information about the commit of a cognizable offence, it must be given to police by victim, his/her legal representatives or any other person having knowledge that a cognizable offence has been committed.

The definition for the First Information Report (FIR) is defined under section 154 in the Code of Criminal Procedure (CrCP).
Which is as follows:
“Every information relating to the commission of a cognizable offence, 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”.

A first information report (FIR) is the initial step in a criminal case recorded by the police and contains the basic knowledge of the crime committed, place of incident, time of commission, date, who was victim and accused etc.

Main idea of lodging a First Information Report (FIR) from the point of view of the police is to acquire data of the supposed offence to follow the wrongdoer or accused person who committed the offence. Furthermore, according to the perspective of the witness or informant is to get the criminal law in motion and to obtain information about the alleged criminal.

To inform the Magistrate and the district SP who are responsible for the peace and safety of the district, of the offences reported at the police station.

To make known to the judicial officers before whom the case is ultimately tried, what are the facts given out immediately after the occurrence and the materials on the basis of which the investigation commenced.

An FIR can only be lodged in case of cognizable offence, no FIR can be lodged in case of non-cognizable offences. In case of non-cognizable offences only one cognizable report which is also known as NCR can be lodged.

Statutory Remedies
  1. Under section 154(3) CrPC:

    When an informant’s right to register an FIR is refused, he/she can approach the Superintendent of Police and submit the substance of such information in writing by post. If the Superintendent of Police is satisfied that such information discloses the commission of a cognizable offense then, he might investigate the case himself or direct an investigation to be made by any police officer subordinate to him.
     
  2. Under section 156(3), read with section 190 (CrPC):

    If an informant remains unsatisfied even after pursuing the remedy under section 154(3), he/she can further pursue the remedy mentioned under section 156(3) read with section 190 (CrPC).
    • Importance of First Information Report (FIR)

      The importance of of the First Information lies in several reason.
      1. It is a statement made soon after the occurrence hence the memory of the informant is fresh
      2. It is unlikely that informant had opportunities of fabrication.
      3. It is basis of the case.
      4. It puts the police in action.
      5. It represents the case set up by the informant at that time.

The FIR is very valuable document for being considered in connection with the occurrence. It gives first impression of prosecution case and if spontaneous and straightforward goes a long way in carrying conviction. Where the FIR which related to charge of criminal conspiracy was drawn up by the police.

Endnotes:
  1. https://en.wikipedia.org/wiki/First_information_report
  2. https://blog.ipleaders.in/what-is-fir-and-how-to-fie-an-fir/
Written By: Anurakti Yadav

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