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Soumya CRPC 1 Assignment PDF
Soumya CRPC 1 Assignment PDF
PROJECT
EVIDENTIARY VALUE OF
F.I.R
1. Acknowledgement..3
2. List of Cases...4
3. Introduction5
5. Meaning of FIR11
6. Contents of FIR15
7. Registration of FIR...18
8. Proof of FIR..21
a. FIR by Victim.....24
b. FIR by Witness...25
c. FIR by Accused..26
11. Bibliography31
2
ACKNOWLEDGEMENT
I wish to express my heartfelt thanks to all those who have helped me in making
this project. I take this opportunity to express my profound gratitude and deep
regards to my teacher Dr. Asad Malik for his exemplary guidance, monitoring
and constant encouragement throughout the course of this project. The blessing,
help and guidance given by him time to time shall carry me a long way in the
I also take this opportunity to express a deep sense of gratitude to the staff of
Jamia Millia Islamia, New Delhi, for their cordial support, valuable information
and guidance, which helped me in completing this task through various stages. I
Lastly, I thank almighty, my parents, brother, sisters and friends for their
Soumya Bansal
3
LIST OF CASES
4
INTRODUCTION
procedure law even before the enactment of the Indian Constitution. Principles
The Criminal Procedure Code of 1973 provides for a detailed procedure when it
comes to dealing with criminal matters in our country. The criminal process in
our country is divided into many phases. One such phase is the pre-trial stage.
This is the stage where the role of the police is important. They investigate into
any crime and collect evidence that is crucial to prosecute the accused. Without
proper evidence, the court will not convict the accused. In a criminal trial, the
facts lie scattered all over the record and are not readily available in one single
5
earliest version of the prosecution case is available in the First Information
The requirement of registering FIR has also been examined by the court.
the court carved out some areas where its main rule may not be applicable. If
the court was to strictly follow the theory that the court alone has the power to
with it. Instead the court carved out exceptions having regard to the realities of
the situation. The fact remains that access to justice remains meaningful if only
Another important issue with respect to FIR which has been worrying the
Courts for quite a long time is with respect to the anonymity in case of FIR,
especially when FIR is given on telephone. That is if in case the person who
gives first information report on telephone does not reveal his/her name, then,
whether in such cases the FIR would be significant for the investigative
1
Dhirendra Pal Varshini, How to Frame a Charge under the Penal Code and Other Criminal
Acts, 2nd Edn., Eastern Book Co., Lucknow, 1994, p.2.
2
Lalita Kumari v. Govt. of U.P. (2014) 2SCC 1
6
would be admissible in such cases. These have been issues of great concern by
the Courts and many differing opinions have developed in the course of time.
7
COGNIZABLE AND NON COGNIZABLE
OFFENCES
The earliest information given to the police which set the investigation in
Report.3 The object of the FIR is to obtain early information about an alleged
criminal act and to record circumstances before there is time for them to be
forgotten or embellished.4
Though the FIR enables a police to start the investigation on the basis of
cognizable offences.
person only with a warrant.5 Cases falling under this category are usually
3
Soma v. State of Gujrat, AIR 1975 SC 1453
4
Nazir v. K.E. AIR 1945 PC 18
5
Section 2(l) of the CrPC for the meaning of the term non-cognizable cases or non-
cognizable offences
8
to a non-cognizable offence the police cannot start investigation without the
order of a Magistrate who is competent to try the case or commit it for trial.6
b) A cognizable case is one under which a police officer can arrest a person
without a warrant.7 These types of cases are usually those of a serious nature.
Hence, the police are vested with powers to arrest a person accused of such
given to a person is done away with. The possible rationale behind the
removal of such a safeguard could be the fact that the police are expected to
act quickly in such cases and put the accused behind bars immediately. If the
information relates to a cognizable offence, the Police may at once start the
It must not be supposed however, that the police can investigate a cognizable
offence only on receipt of FIR. The very opening words of section 157(1) say
that the investigation may be started in any case the officer in charge of a police
6
Section 155(2) of the Criminal Procedure Code.
7
Section 2(c) of the CrPC- The meaning of the term cognizable cases or cognizable offences.
8
Section 156 of CrPC
9
Section 157 of CrPC
9
station has reason to suspect the commission of a cognizable offence, from the
10
State of U.P. v. Bhagwant AIR 1964 SC 221
10
MEANING OF FIR
writing by him or under his direction, and be read over to the informant; and
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
(2) A copy of the information as recorded under sub-section (1) shall be given
police station to record the information referred to in sub- section (1) may send
11
the manner provided by this Code, and such officer shall have all the powers of
important step to set the criminal law in motion. Though the term F.I.R is
under Section 154 of CrPC is popularly known as F.I.R. It is nothing but the
statement of the maker of the report at a police station before a police officer
Provision of section 154 makes possible that any person aware of the
commission of any cognizable offence may give information to the police and
may, thereby set the criminal law in motion. Such information is to be given to
the officer in charge of the police station having jurisdiction to investigate the
offence. The information so received shall be recorded in such form and manner
11
State v. Shiv Singh, AIR 1962 Raj 3.
12
As has been discussed above, there is a distinction between how an
simple terms, the First Information Report (FIR) is the basis on which an
obtain the earliest information regarding the circumstance inn which the crime
was committed, including the names of the actual culprits and the parts played
by them, the weapons, if any, used, as also the name of the eye-witnesses.12
Chapter 12 of the CrPC deals with the power of the police to carry out
investigation. The first provision appearing under this chapter is S.154. This is
the material provision that we are concerned with. S.154 deals with information
given to the police in cognizable cases and is divided into three distinct parts. It
is on the basis of this initial information given to the police that investigation
very important to note that S.154 itself does not make use of the term First
conclusion that this term has not been mentioned anywhere in the code. Though
S.154 does not make use of this term, one should read S.207 of the CrPC. The
conclusion that can be drawn by reading this section is that the report recorded
under S.154 is the First Information Report. The FIR is a very important
12
Meharaj Singh v. State of U.P., (1994) 5 SCC 188.
13
document and marks the beginning of the investigation. The object of the FIR is
to set the criminal law machinery into motion. First Information Report (FIR) at
the initial stage must disclose some cognizable offence so that the police may
The Supreme Court in Hasib v. State of Bihar14 has held that the object of FIR
from the point of view of the informant is to set the criminal law in motion and
about the alleged criminal activity so as to be able to take suitable steps for
tracing and bringing to book the guilty party. The object is to obtain early
13
Subhas Aggarwal v. State of Bihar, 1989 Cr LJ 1752.
14
AIR 1972 SC 283
14
CONTENTS OF F.I.R
must give details of all elements of the offence,15 or the weapon used or the
names of the witnesses or even of the accused, if the particulars given are
encyclopaedia, which must disclose all facts and details relating to the offence
though he may not know the name of the victim or his assailant. He may not
even know how the occurrence took place. A first informant need not
given must disclose the commission of a cognizable offence and the information
15
Narayan v. State of A.P., AIR 1975 SC 1252
16
Bishan v. State of Punjab, AIR 1975 SC 461
17
AIR 2003 SC 4140.
15
so lodged must provide a basis for the police officer to suspect the commission
and not that he must be convinced or satisfied that a cognizable offence has
record the information and conduct an investigation. At this stage it is also not
necessary for him to satisfy himself about the truthfulness of the information. It
Similarly, even if the information does not furnish all the details, he must find
out those details in the course of investigation and collect all the necessary
offence only sets in motion the investigative machinery, with a view to collect
all necessary evidence, and thereafter to take action in accordance with law. The
true test is whether the information furnished provides a reason to suspect the
under Section 156 of the Code to investigate. If it does, he has no option but to
record the information and proceed to investigate the case either himself or
16
The question as to whether the report is true, whether it discloses full details
regarding the manner of occurrence, whether the accused is named, and whether
there is sufficient evidence to support the allegations are all matters which are
alien to the consideration of the question whether the report discloses the
commission of a cognizable offence. Even if the information does not give full
details regarding these matters, the investigating officer is not absolved of his
duty to investigate the case and discover the true facts, if he can.
17
REGISTRATION OF FIR
First Information Report (F.I.R.) can be filed by any person. He need not
Report may be merely hearsay and need not necessarily be given by the person
who has first-hand knowledge of the facts. It can be filed in the police station of
the concerned area in whose jurisdiction the offence has occurred. A first
demand that the information recorded by the police is read over to you.
Once the information has been recorded by the police, it must be signed by
You should sign the report only after verifying that the information recorded
18
People who cannot read or write must put their left thumb impression on the
Always ask for a copy of the FIR, if the police do not give it to you. It is
ruled that the provisions of Section 154 CrPC are mandatory and the officer
is made out in the information given, then the FIR need not be registered
immediately and the police may conduct a preliminary verification for the
committed.
18
(2014) 2 SCC 1
19
cognizable offence and it must not be vague but definite enough to enable the
In Lachman v. State20 the Court held that if oral information relating to the
commission of a cognizable offence is given to the police, but the same is not
recorded and the police officer proceeds to the scene of the offence and there
records the statements of the witnesses, none of such a statement would amount
to FIR, because in such a case the real FIR was the unrecorded oral information
19
State of Assam v. U.N. Rajkhowa, 1975 Cri LJ 354
20
1973 Cri LJ 1658(HP)
20
PROOF OF FIR
prosecution to put information in the FIR. It has to be proved like any other
document and it is usual to call the informant for the purpose.21 The defence
should not be debarred from using the FIR merely because the prosecution did
not formally prove it. When the first information orally given is reduced to
former and the signature of the latter have both to be proved. Mere
countersignature of the document by the police officer in charge does not prove
the Evidence Act, even though not signed by the informant. Even if the FIR is
not proved it would not be a ground for acquittal, but the case would depend
21
Kuthu Goala v. State of Assam, 1981 CrLJ 424 (Gau)
22
Miyana Hassan Abdulla v. State of Gujrat AIR 1962 Guj 214
23
Krishna Mochi v. State AIR 2002 SC 1965
21
EVIDENTIARY VALUE OF F.I.R
c) A statement recorded by the police but not falling under the above (a) and (b)
category
to say, as evidence of facts stated therein. Because it is not made during trial, it
is not given on oath, nor is it tested by cross- examination. If the person making
any such statement to the police subsequently appears and gives evidence in
court at the time of trial, his former statement could , however be used to
by such a witness relating to the same fact, at or about the time when the
22
offence took place, or before any authority legally competent to investigate the
contradict him by the writing, his attention must, before writing can be proved,
contradicting him.
The FIR is not substantive evidence, but it can be used to corroborate the
informant under Section 157 of the Evidence Act, or to contradict him under
Section 145 of the Act, if the informant is called as a witness at the time of trial.
contradicting any witness other than the one lodging the FIR.24
24
Shambhu Das v. State of Assam, AIR 2010 SC 3300
23
FIR by the Victim
When an FIR is lodged by the victim himself, then the following legal
consequences with regard to the evidentiary value of the FIR in the Court of
Law arise:
1. Under Section 157 of the Indian Evidence Act, the Statements given in
FIR may be used to corroborate the statements given in the Court. The
fact that victim lodged the FIR and narrated the whole facts and
corroborative value when the victim being the Prosecution Witness (PW)
2. Section 145 of the Indian Evidence Act, 1872 talks about cross-
Lawyer. There are many instances when the victim himself turns hostile.
declaration under section 32(1) of Indian Evidence Act after the death of
25
Paras Yadav v. State of Bihar, (1999) 2SCC 126
24
FIR by Witness
following manner:
1. The principle of Res Gestae26 would apply here. Even though the
connected with the facts in issue that it forms a part of the same
transaction.
2. Under Section 157 of the Indian Evidence Act, the Statements given in
3. The witness can be cross examined and contradicted under section 145 of
the Indian Evidence Act using the statements given by him in the FIR
4. The credibility of the witness can be impeached under Section 155 of the
Indian Evidence Act. When the Prosecution Witness does not support the
that the said witness has received bribe or has received any other corrupt
inducement to give the evidence and thereby rendering him futile for the
26
Section 6 of the Indian Evidence Act
25
FIR by Accused
In Aghnoo Nagesia v. State of Bihar27 it was stated that when the accused
himself gives the first information, the fact of his giving the information is
confessional statement is receivable in evidence except to the extent that the ban
If the FIR by the accused contains facts relating to the motive, preparation and
opportunity to commit the crime it is impossible to say that such portion will be
treated as no part of the confession. The FIR can be used against the accused as
evidence of his conduct under section 8 of the Evidence Act in case where he
himself has given the first information. Apart from the above stated
section 157 and it can be used to cross examine and contradict the accused
27
AIR 1966 SC 119
26
DELAY IN F.I.R
The First Information Report should be lodged with the police at the earliest
upon prompt lodging of the report to the police is to obtain early information
the FIR quite often gives birth to the suspicion that FIR is result of afterthought,
delay of lodging the FIR often gives fatal blow to the prosecution case.
where the FIR was lodged ten days after the incident, it was explained that as
the honour of the family of the prosecutrix was involved the members of the
family had taken that time to decide whether to take the matter to the court or
not. This explanation for the delay was held to be reasonable under the
were anxious to provide immediate medical aid to him, the delay in their
28
Harpal singh v/s State of H.P,(1981)1SCC560
27
When there is criticism on the ground that FIR in a case was delayed, the
Court has to look at the reason why there was such a delay. There can be a
Rural people might be ignorant of the need for informing the police of
a crime without any lapse of time. This kind of mischief is not too
The third, which is quite common bearing, is that the kith and kin of
information.
Yet another cause can be, the persons who are supposed to give such
28
There is no hard and fast rule that any delay in lodging the FIR would
upon facts and circumstances of each case whether there has been any such
delay in lodging the FIR which may cast doubt about the veracity of the
prosecution case and for this a host of circumstances like the condition of the
first informant, the nature of injuries sustained, the number of victims, the
efforts made to provide medical aid to them, the distance of the hospital and
Delay in lodging the FIR cannot be used as a ritualistic formula for doubting
the prosecution case and discarding the same solely on the ground of delay in
lodging the first information report. Delay has the effect of putting the Court
on its guard to search if any plausible explanation has been offered for the
in the prosecution version on account of such delay, the delay would be fatal
the Court, the delay cannot be itself be a ground for disbelieving and
29
Amar Singh v. Balwinder Singh, (2003) 2 SCC 518.
29
discarding the entire prosecution case. The delay in lodging the FIR would
put the Court on its guard to search if any plausible explanation has been
Mohd. Ali v. State of U.P. [2015(3) SCALE 274] Decided On: 10.03.2015:
In this recent case, a minor girl of fourteen years was kidnapped and gang
raped. The FIR regarding the same was lodged after a delay of 11 days. The
It is apt to mention here that in rapes cases the delay in filing the FIR by the
aspect regard being had to the trauma suffered, the agony and anguish that
create the turbulence in the mind of the victim, to muster the courage to
normalcy and above all the psychological inner strength to undertake such a
legal battle.
30
BIBLIOGRAPHY
2. Criminal Procedure Code, 1973, Durga Das Basu, Fourth Edition, 2010
Edition, 2014
2014
5. http://www.governindia.org/wiki/Filing_an_FIR
6. http://lawthing.blogspot.in/2013/04/first-information-report-and-its.html
7.http://www.legalservicesindia.com/article/article/evidentiary-value-of-fir-
936-1.html
8.http://www.legalindia.in/firat-glance-view-point-indian-evidence-act-1872/
9. Class Notes
31