FIRST INFORMATION REPORT – S.154 Cr.P.C.

1973
1] INTRO ● The term F.I.R. has not been defined in the Code of Criminal Procedure, 1973, however subsection (1) of S.154 of the Cr.P.C.1973 mandates that every information relating to the commission of a cognizable offence, if given orally to the Oi/c of a PS, shall be reduced to writing by him or under his direction & be read over to the informant AND every such information, whether given in writing or reduced to writing, shall be signed by the person giving it AND the substance of the information be entered in a book to be kept by such officer in such form as the State Govt. may prescribe in this behalf. ● Under sub- section (2) a copy of the information as recorded shall be given free of cost to the informant. ● Under sub-section (3) any person aggrieved by a refusal on the part of an Oi/c of a PS to record the information, may send the substance of such information in writing by post to the Distt. SP, 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, and such officer shall have all the powers of an Oi/c of a PS in relation to that offence. 2] EVIDENTIARY VALUE i) As held by the Hon’ble Supreme Court in RAM NARAIN V. State, the F.I.R. is Not a Substantive piece of Evidence and can be used for very limited purposes like Corroborating and Contradicting the maker thereof u/Ss.157 and 145 respectively of the Indian Evidence Act, 1872, OR To Show that the Implication of the Accused was not an Afterthought OR as one of the res gestae. ii) F.I.R. is relevant u/S.8 of the IEA as an Evidence of Conduct of the Victim immediately or shortly after the offence was committed. If the information is a Non- Confessional one, it is admissible against the accused as an Admission u/S.21 of the IEA and hence relevant But a Confessional FIR to the police can not be used against the accused in view of S.25 of the IEA [ AGHNOO NAGESIA V. State of BIHAR ]. iii) FIR is the First Information of an Occurrence or Transaction in the point of time which reaches the Authority Competent to investigate the case. The Purpose of FIR primarily is to Set the Law in Motion and it Need Not contain each and every Minute Detail which occurred prior to or after the commission of the alleged offence. 3] EFFECT OF DELAY IN LODGING F.I.R. i) The object of insisting upon the Prompt Lodging of FIR is to Obtain Early Information regarding the circumstances in which crime was committed, the Names of Actual Culprits & Suspects and Part Played by them as well as Name of Witnesses Present at the scene of crime. ii) It is Very Useful if the FIR is recorded Before there is Time and Opportunity to Embellish or before the Memory of the informant Fades. iii) In GUNTUBOYINA V. State the Supreme Court held that Merely Delay in filing FIR by itself does not reject the prosecution case in its entirety unless there are clear indications of Fabrication of the FIR. In case of Rape, prompt lodging of FIR can not be expected as the Honour and Modesty of the Victim gets involved. iv) However in MANDAKINI V. State the Apex Court held that Undue or Unreasonable Delay in lodging the FIR Inevitably Gives Rise to Suspicion which Puts the Court to Look for the Possible Motive and Explanation for Delay and Consider its Effects on Trustworthiness or Otherwise of the Prosecution.