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FIR

FIR

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Published by Arun Shokeen
Question prepared for Judicial Exams
Question prepared for Judicial Exams

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Published by: Arun Shokeen on Mar 29, 2014
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1
154. Information in cognizable cases.:- Bare Act
 First
Information
Report.
 — 
 First information report is not defined in the Code. It may be defined as follows (1) It is an information which is given to the police officer; (2) information must relate to a cognizable offence; (3) It is an information first in point of time; (4) It is on the basis of this information that investigation into the offence commences.
Object of FIR :-
The principal object of the first information report from the point of view of the informant is to set the criminal law in motion and from the point of view of the investigating authorities is to obtain information about the alleged criminal activity so as to be able to take suitable steps to trace and bring to book the guilty. The F.I.R, in a criminal case is extremely vital and valueable piece of evidence for the purpose of corroborating the oral evidence adduced at the trial. Sec. 154 has a three-fold
object,
namely: (1) To inform theMagistrate and
the
DistrictS.
 P.
who
are responsible for the peace
and safety of the district, of the offences reported at the police station; (2) 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 on what materials the investigation commenced; and (3) To safeguard the accused against subsequent variations or additions. Hasib
v.
State of Bihar,
AIR 1972 Sc
283. The principal object of the F,I.R from the point of view of the informant is to set the criminal law in motion and
 from
the point of view of the investigating authorities is to obtain information about the alleged criminal activity so as to be able to take suitable steps to trace and bring to book the guilty.
Multiple FIR :-
 Multiple FIR is the situation in which in respect of the same offence or case several FIR have been lodged.
Cross FIR :-
 When such FIR are lodged in the same case by the opposite party it is called Cross FIR.
Anti Timed (Event FIR) :-
 FIR after a long delay of occurance of the event ,but it cannot be anti timed.
 
2
Zero FIR :-
 Whenever a Police officer in charge lodges an FIR but believe that hw does not have jurisdiction to investigation ,such an FIR ultimately transferred to other Police station.
When a
Statement Amounts to F.1.R.?
The question whether a statement is FIR. or is one made after the receipt of F.I.R. assumes importance. It has been held that first information is that information which is given to the police first in point of time (on the basis of which the investigation has been commenced) and
not
that which the police may select and record as first information. When a person reported to the police officer that he had seen a certain woman with her throat cut, and the officer had not made a record of that fact, but subsequently treated an
information lodged by the woman‘s father as first information in the ca
se, held that the
unrecorded information was in fact the first information, and not that given by the woman‘s
father. However, any sort of information given first in point of time is
not
necessarily first information within Sec. 154. It is necessary that such information must relate to a cognizable offence on the face of it, and not merely in the light of subsequent events. Sec. 154 does
not
necessarily contemplate that only one information of a crime should be recorded as FIR., but all information given to the police before investigation is started, may amount to first information. Therefore, information lodged at two different police stations regarding the same offence would both be
admissible in evidence. However, there is a trend of court‘s acceptance of 
 F.I.R. as statements which give circumstances of the crime with a view that the police officer might proceed to investigate If any oral information relating to the commission of a cognizable offence is given to  police officer, but the same is not recorded and the police officer proceeds to the scene of offence and there records Statements of witnesses, none of such statements would amount to FIR. Because in such a case the real FIR. is the unrecorded oral information given to the lice officer by the informant [S.
V Madar
v
State of Mysore
(1980) 1 SCC 479]. The following points may be noted about a FI.R. (1) It should be information of fact disclosing the commission of a cognizable offence. (2) It should not be vague or indefinite.
State of UP
v
 R.K Srivastava
(1989) 4 SCC
59].
‗If the allegations made in the F.I.R. are taken
at their face value and accepted in their entirety do not constitute an offence, the criminal  proceedings instituted on the basis of such F.I.R. should be quashed (3) It may be given by anybody; the injured should not always b,e the first informant. (4) It is not necessary that the offender or the witnesses should be named. The following do
not
come within the purview of a F.I.R., namely:
 
3
(1) A statement given to the police after investigation have commenced. (2) A statement made by a witness during investigation. (3) A titement recorded by an officer-in-charge on the basis of his personal knowledge after the original information was received. (4) A report by a police officer informing his superior that he had been told of the possible commission of a dacoity at some time in the future. (5) A complaint made orally or in writing to a Magistrate.
Provisions
Relating to F.l.R.
(i)
Police duty to record information
 
 — 
 When any information disclosing a cognizable offence laid before the officer-in-charge of a police station, he has no option but to register the case on the basis thereof (
State of Haryana
v
 Bhajan Lal,
1992 CrLJ 527 (SC);
Satish Kumar Goel
v
State,
2000 CrLJ 2176 (Del)]. Further, refusal to record an F.I.R. on the ground that the place of crime does not fall within the territorial jurisdiction of the police station, amounts to dereliction of duty. Information diout cognizable offence would have to be recorded and forwarded to the police station having risdiction
[State of AR
v
 Punati Ramulu
AIR 1993 SC 2644. (ii)
Certain provisions of Sec. 154 are non-mandatory
 
 — 
 The provisions of Sec. 154 regarding reading over of information after it is reduced to writing, signing of the same by the  person giving the information and entering its substance in the prescribed manner are
not
mandatory. These requirements are merely procedural and the omission of the one or the other cannot affect the legal consequences which follow the information given under Sec. 154 (iii)
Act of giving and recording constitute one transaction
 
 — 
 The giving of first information and recording the same is a continuous process. The nature of that process cannot be altered by reason of the fact that the investigation might have commenced at an intermediate point before the recording of the FIR. was complete, unless there is definite evidence to show that what was stated or recorded after the investigation has commenced was ascribable to some inquiry made in the meantime by a police officer
investigating
the offence (iv)
First information report and Magistrate
 
 — 
 The endorsement by the Magistrate, on the copy of the F.I.R. was held to be
 sufficient and the absence of seal
did not make any difference [S.
 Bhimappa
v
State of Karnataka
AIR 1994 SC 848]. (v)
FIR. and accused
 — 
 The FIR. is a public document and an accused is entitled to have its certified copy. The denial of the copy
will
 be violative of Art. 21 of the Constitution

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