The term FIR is not defined under CrPC, but report recorded under sec 15 is known as FIR.

Basically
it means information given to police officer and reduced into writing. On the basis of this report
investigation of cognizable offences commences. It sets the criminal law into motion and police
officer start the investigation and submitted the charge sheet u/s 173 of CrPc after the completion of
investigation.

SCOPE AND OBJECT- Sec 154 has three fold objects

1. To inform the magistrate or DSP who are responsible for peace.

2. To make aware the judicial officer before whom case is to be tried
3. Safeguard the accused against subsequent addition.

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 so as to take suitable action. ( HASIB v. STATE OF BIHAR)

ESSENTIALS OF FIR

1. Information first point in time

2. Related to commission of cognizable offence
3. Made to officer in charge of police station
4. Orally or written. Of given orally reduced to witting.
5. Signed by informant
6. Given to informant at free of cost
7. FIR is not a substantive evidence

FIR is not an encyclopaedia which is expected to contain all the details of the prosecution case. It
is not be rejected unless there are indications of fabrication in the FIR. When police officer
receive the information about commission of non- cognizable offence, , it is duty of officer to
record it in in Case Dairy and inform the magistrate. In non- cognizable offence, officer can‟t
investigate without the permission of magistrate(sec 155 of CrPC)

FOLLOWING POINTS MAY BE NOTED ABOUT AN FIR

1. Should be information of fact disclosing the commission of cognizable offence.

2. Should not be vague or indefinite
3. May be given by any person
4. Not necessary offender or witnesses must be named.

FOLLOWING DOEN’T COME WITHIN THE PURVIEW OF FIR

1. Statement given to police officer during investigation

2. Statement given by witness during investigation
3. Statement recorded by police officer on the basis of his personal knowledge.
4. A complaint made orally or written to magistrate

SECTION 154 –

1. Who can file an FIR- by victim or any other person who know about the fact.
2. Who register the FIR- Sec154(1)whenever the officer-in-charge of police station receive the
information relating to the commission of cognizable offence, it is his duty to reduce it into
writing by him/ under his direction. And it shall be signed by the informant.
3. “SUBSTANCE THEREOF”- only substance of information relation to commission of
cognizable offence is to be entered in book which is known as General Diary/ Station
 Diary. All information relating to cognizable offences, whether resulting in registration of
FIR or leading to an inquiry, must be mandatorily and meticulously reflected in the said Diary
and the decision to conduct a preliminary inquiry must also be reflected, as mentioned above.
(LALITA KUMARI v. GOVERNMENT OF UP)
4. COPY OF FIR GIVEN FREE OF COST TO INFORMANT Sec154(2) the question whether
provision for supplying FIR is informant is mandatory or directory answered as directory by
Supreme Court in State v. Gnaneswaran.
5. REFUSAL TO RECORD/REGISTER FIR- Any person aggrieved as his FIR is not recorded,
may send his substances of his information in writing and by post to Superintendent of Police,
if information discloses the commission of Cognizable Offence then he himself do
investigation or make the direction for investigation(Sec154(3))
6. PROVISO TO SEC154(1)- Information u/s 354, 354A, 354B, 354C, 354D, 326A, 326B, 376,
376A, 376AB, 376B, 376C, 376D, 376DA, 376DB, 376E, 509 of IPC
 Information given by women- shall be recorded by women police officer
 Information given by women is temp/ permanently, mentally/physically, disabled-
information shall be recorded at the place her convenient and in presence of special
interpreter. And it shall be videographed and it is duty of police officer to get
statement recorded by judicial Magistrate.

Therefore procedure for FIR under CrPC is

1. Written Form When the information about the commission of a cognizable offence is given
orally, the police must write it down.
2. Read Over A person giving the information or making a complaint, can demand that the
information recorded by the police to be read over to him/her.
3. Verification One should sign the report only after verifying that the information recorded by
the police is as per the details given by you.
4. Signature Once the information has been recorded by the police, it must be signed by the
person giving the information. It is to to kept in mind that people who are unable to read or
write are expected to put their left thumb impression on the document after being satisfied
that it is a correct record.
5. Copy of FIR A person filing a FIR has the right of getting a copy of FIR free of cost.

VALUE OF FIR
1. Dharma Rama Bhagare vs The State Of Maharashtra
The first information report is never treated as a substantive piece of evidence. It can only be used for
"corroborating or contradicting its maker when he appears in court as a witness. Its value must depend
upon facts and circumstances of the given case.it can‟t be used for contradicting other witness.

2. Latesh vs The State Of Maharashtra

The value to be attached to the FIR depends upon facts and circumstances of each case. When a
person gives a statement to the police officer, basing on which the FIR is registered. The capacity of
reproducing the things differs from person to person. Some people may have the ability to reproduce
the things as it is, some may lack the ability to do so. Some times in the state of shock, they may miss
the important details, because people tend to react differently when they come across a violent act.
Merely because the names of the accused are not stated and their names are not specified in the FIR
that may not be a ground to doubt the contents of the FIR.

DUTY OF POLICE OFFICER TO REGISTER THE FIR

1. Lalita Kumari v. State of UP
The police officer should not refuse to record an information relating to the commission of a
cognizable offence and to register a case thereon on the ground that he is not satisfied with the
reasonableness or credibility of the information. In other words, „reasonableness‟ or „credibility‟ of
the said information is not a condition precedent for registration of a case.

SUPPLY OF COPY TO ACCUSED

1. State Youth Bar Association of India v. Union of India
Person accused in FIR are entitled to copy of FIR at a Stage prior to prescribed u/s 2107 CrPC.
Except, in case of sensitive nature. FIR register are required to upload on official website of all State.

ZERO FIR
A type of FIR that can be filed in any police station regardless of the place of incidence or
jurisdiction. However after investigating and filing it with the magistrate, it transferred to the
police station which has the competent jurisdiction. It is to be noted that a normal FIR has a
proper serial number on the contrary the zero FIR is registered in any police station and hence is
not numbered. The police station where the zero FIR is originally registered is supposed to make
a basic investigation into the case before passing it on to the other police station which has its
competent jurisdiction.

MESSAGE BY TELEPHONE
Normally, a telephone message received by police officer regarding the commission of cognizable
offence is not a FIR since it is neither reduced into writing by police officer nor given in writing by
informant and there is no signature. In such a case, the view of the court is that the report can be
recorded by the station writer who receive the message and he may himself sign it as the person
giving the information, then he may state in his evidence that he received the message and recorded
the message truly and honestly.

1. Patai vs State Of U.P

In order for a message or communication to be qualified to be a First Information Report, there must
be something in the nature of a complaint or accusation or at least some information of the crime
given with the object of setting the police or criminal law into motion. It is true that a First
Information Report need not contain the minutest details as to how the offence had taken place nor it
is required to contain the names of the offenders or the witnesses. But it must at least contain some
information about the crime committed as also some information about the manner in which
the cognizable offence has been committed. A cryptic message recording an occurrence cannot be
termed as a First Information Report.

DELAY IN FILLING FIR

Prompt and early reporting of the occurrence by the informant with all its vivid details gives an
assurance regarding its true version. In case, there is some delay in filing the FIR, the complainant
must give explanation for the same. Undoubtedly, delay in lodging the FIR does not make the
complainant‟s case improbable when such delay is properly explained. However, deliberate delay in
lodging the complaint may prove to be fatal.
In such cases the Court has to carefully examine the facts before it, for the reason,
that the complainant party may initiate criminal proceedings just to harass the other side with mala
fide intentions or with ulterior motive of wreaking vengeance. The court proceedings ought not to be
permitted to degenerate into a weapon of harassment and persecution. In such a case, where an FIR is
lodged clearly with a view to spite the other party because of a private and personal grudge and to
enmesh the other party in long and arduous criminal proceedings, the court may take a view that it
amounts to an abuse of the process of law.

The object and essence of prompt lodging of FIR had been explained by the Supreme
Court in the case of State of Andhra Pradesh vs M. Madhusudhan Rao. The Court in the case
stated the following:
 That delay in lodging the FIR, more often than not, results in embellishment and
exaggeration, which is a creature of an afterthought.
 That a delayed report not only gets bereft of the advantage of spontaneity, the danger of the
introduction of coloured version, exaggerated account of the incident or a concocted story as a
result of deliberations and consultations, also creeps in, casting a serious doubt on its veracity.
 Therefore, it is essential that the delay in lodging the report should be satisfactorily explained.
Resultantly, when the substratum of the evidence given by the complainant is found to be
unreliable, the prosecution case has to be rejected in its entirety.

1. State Of Himachal Pradesh vs Gian Chand

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 in its guard to search if any explanation has been offered for the delay,
and if offered, whether it is satisfactory or not. If the prosecution fails to satisfactorily explain the
delay and there is possibility of embellishment in prosecution version on account of such delay, the
delay would be fatal to the prosecution. However, if the delay is explained to the satisfaction of the
court, the delay cannot by itself be a ground for disbelieving and discarding the entire prosecution
case.

2. State of Punjab v. Gurmit Singh

The courts cannot over-look the fact that in sexual offences delay in the lodging of the FIR can be due
to variety of reasons particularly the reluctance of the prosecutrix or her family members to go to the
police and complain about the incident which concerns the reputation of the prosecutrix and the
honour of her family. It is only after giving it a cool thought that a complaint of sexual offence is
generally lodged. Even if there is some delay in filling FIR in rape case, if it is properly explained,
such a delay would not matter.

3. Gurjinder Singh v. State of Punjab

In murder case there was delay in filling FIR. The evidence of informant shows that he was threatened
by the accused person. Due to this reason he did not dare to go to the police station immediately but
he talked to the parents of the deceased on telephone. It has come in evidence that the parents of the
deceased asked him to wait till their arrival and thereafter he gathered courage to file an FIR only
after having discussion with them. The parents of the deceased came to his place and gave him
necessary courage and strength to tell the truth before the police authorities. Though there was delay
in filing of the FIR, the contents of the FIR are not incorrect.
 4. Ashok Kumar Pandey v. State of Delhi
Where FIR was lodged after moving the injured person to hospital and there was time gap, Supreme
Court held this to be natural conduct of human being to rush and take injured person to hospital,
instead of leaving him die. There was no delay in filling FIR.

5. Gajanan Dashrath Kharate vs State Of Maharashtra

Delay in setting the law into motion by lodging of complaint and registration of first information
report is normally viewed by courts with suspicion because there is possibility of concoction and
embellishment of the occurrence. So it becomes necessary for the prosecution to satisfactorily explain
the delay. The object of insisting upon a prompt lodging of the report is to obtain early information
not only regarding the assailants but also about the part played by the accused, the nature of the
incident and the names of witnesses. In the case at hand, prosecution has satisfactorily explained the
delay in lodging the complaint. When the prosecution has explained the delay in lodging the
complaint, prosecution case cannot be doubted on the small delay between the time of occurrence and
in registration of first information report.

6. Delay in Sending the Copy of FIR to Court/ Magistrate

After lodging of FIR, the concerned Police Official is required under the Law to send a copy of the
FIR to the Magistrate. Delay in forwarding the copy of the FIR to the Magistrate, that circumstance
alone would not demolish the other credible evidence on record. It would only show how in such a
serious crime, the Investigating Agency was not careful and prompt as it ought to be.
While it is true that Section 157 of CrPC makes it obligatory on the officer in charge
of the police station to send a report of the information received to a Magistrate forthwith, but that
does not mean and imply to denounce and discard otherwise positive and trustworthy evidence on
record. Technicality ought not to outweigh the course of justice — if the court is otherwise convinced
and has come to a conclusion as regards the truthfulness of the prosecution case, mere delay, which
can otherwise be ascribed to be reasonable, would not by itself demolish the prosecution case.
(Munshi Prasad & Ors. v. State of Bihar)

EVIDENTARY VALUE OF FIR

In, Pandurang Chandrakant Mhatre v. State of Maharashtra, it was seen that „it is fairly well settled
that FIR is not a substantive piece of evidence and it can be used only to impeach the creditworthiness
of the testimony recorded by the maker and it cannot be used for the purpose of contradicting or
discrediting the testimony of other witnesses‟.
The main reasons why FIR does not have any substantive evidentiary value:

1. Because the statements in the FIR are not made on oath.

2. Because the statements in the FIR are not made during the trial or at the time of
proceedings.
 3. Because the statements recorded in FIR has no cross-examination in the Court.
4. Because the statements recorded by the police officers are not admissible in court.

The reasons why FIR are treated as an important piece of evidence:

1. For corroborating the statements made by the person who recorded the FIR.
2. For cross-examination of the statements made by the person in the FIR.
3. For refreshing informer‟s memory.
4. For impeaching the creditworthiness of the informer.
5. For the purpose of ascertaining the general facts like the identity of accused, witnesses,
time of offenses etc.

Certain exceptions, when an FIR can be used as a substantive piece of evidence

1. For the purpose of corroboration and contradiction the information of the informant-
Section 145 of Indian Evidence Act, talk about „A witness may be cross-examined as to
previous statements made by him for the purpose of contradicting him‟. The scope of Section
145 is to deal with the methods of contradicting the information of the informer. Under
Section 153(2) of the Evidence Act, a witness may be asked any question for the purpose of
impeaching his impartiality and permits oral statement to be used for contradiction. But the
present Section which is Section 145 of the Indian Evidence Act, only deals with the method
of contradicting previous statements of witness in writing by cross-examination. The rule will
apply where a witness is not a party to the suit and would not apply when a party to the suit is
examining himself as a witness.
In, Ram Chandra V. State of Haryana, the Supreme Court observed that the
contents and information of the FIR can only be used for the purpose of contradiction & corroboration
the facts stated by the informer or of any other witness.
Section 157 of the Evidence Act which talks about- “Procedure for investigation
preliminary inquiry”. The FIR is a kind of evidence whose contradictory and creditworthiness values
is only subjected to the person who lodged a FIR or the informer of the offence and the principles laid
down under Section 145, 154(2) and 157 of Indian Evidence Act can‟t be used for the purpose of
contradicting and checking the creditworthiness of any other witness other than the person who is the
informer of the offence. And these principles are usually benefiting the accused in way of
contradicting and checking the creditworthiness of the informer.
The State of Orissa v. Makund Harijan and another, the Orissa High Court held
that FIR can only be used to corroborate or contradict the maker of FIR. But omissions of certain
important facts, affecting the probabilities of the case, are relevant under Section 11 of the Evidence
Act in judging the veracity of the prosecution case.
 2. Statements or information by the informant as dying declaration in FIR.
The word “Dying Declaration” means any statement is written or verbal of relevant facts made by a
person, who is dead or it is the statement of a person who had died explaining the circumstances of his
death.
The concept of dying declaration was evolved from a legal maxim, „nemo mariturus
presumuntur mentri‟ i.e. a man will not meet his maker with a lie in his mouth. Although it may sound
impractical but our law has adopted this concept and functions accordingly. Section 32(1) specifically
deals with the concept of dying declaration in respect of a cause of death and it is assumed that such
statements are relevant even whether the person who made them was not at the time when they were
made.
The evidentiary value of FIR in the circumstances of dying declaration comes from
the concept that- A dying declaration can also be recorded by public servants, or by a doctor as well,
where the victim is hospitalized and is badly burnt or injured and wants to make a statement, the
doctor can also record the same and make a note of that statement. Although, it is advisable that the
dying declaration should be made to the magistrate itself or in the presence of magistrate but if there
is a condition where no such possibility is seen then the dying declaration can also be recorded by the
police officers, although the court discourages such declaration to the police officer but if the
condition and circumstances are of such a nature that no other possibilities are seen, then the dying
declarations written by the police officers are also considered by the courts.
In, Kapoor Singh V. Emperor the court observed that the FIR lodged by the deceased
person can be admissible as a piece of evidence in the court if the FIR is relating and explaining the
circumstances of his death. Also in the case of Sukhar V. State of UP , it was observed that if the
dying declaration in the FIR is not sufficient to ascertain the facts and reasons for the cause of his
death, even though the FIR has enough information related to the accused and details of the incident.
Then the information cannot be considered as dying declaration.
In the case of Maniram V. State of Madhya Prades , the dying declaration was
recorded by the doctor but the doctor did not attest the consciousness report of the deceased and also
there was no thumb signature on the dying declaration, in that case, the FIR has lost its credibility and
it was difficult to rely on the dying declaration.
 Mandatory Registration of FIR- Supreme Court Guidelines in Lalita Kumari Case

A Constitution Bench of the Supreme Court in Lalita Kumari v. Govt. of U.P [W.P.(Crl) No;
68/2008] held that registration of First Information Report is mandatory under Section 154 of
the Code of Criminal Procedure , if the information discloses commission of a cognizable
offence and no preliminary inquiry is permissible in such a situation. If the information
received does not disclose a cognizable offence but indicates the necessity for an inquiry, a
preliminary inquiry may be conducted only to ascertain whether cognizable offence is
disclosed or not. The Supreme Court issued the following Guidelines regarding the
registration of FIR.

 Registration of FIR is mandatory under Section 154 of the Code, if the information
discloses commission of a cognizable offence and no preliminary inquiry is
permissible in such a situation.
 If the information received does not disclose a cognizable offence but indicates the
necessity for an inquiry, a preliminary inquiry may be conducted only to ascertain
whether cognizable offence is disclosed or not.
 If the inquiry discloses the commission of a cognizable offence, the FIR must be
registered. In cases where preliminary inquiry ends in closing the complaint, a copy of
the entry of such closure must be supplied to the first informant forthwith and not
later than one week. It must disclose reasons in brief for closing the complaint and not
proceeding further.
 The police officer cannot avoid his duty of registering offence if cognizable offence is
disclosed. Action must be taken against erring officers who donot register the FIR if
information received by him discloses a cognizable offence.
 The scope of preliminary inquiry is not to verify the veracity or otherwise of the
information received but only to ascertain whether the information reveals any
cognizable offence.
 As to what type and in which cases preliminary inquiry is to be conducted will depend
on the facts and circumstances of each case. The category of cases in which
preliminary inquiry may be made are as under:
(a) Matrimonial disputes/ family disputes
(b)Commercial offences
(c) Medical negligence cases
(d)Corruption cases
(e) Cases where there is abnormal delay/laches in initiating criminal
prosecution, for example, over3 months delay in reporting the matter
without satisfactorily explaining the reasons for delay. The aforesaid are
only illustrations and not exhaustive of all conditions which may warrant
preliminary inquiry.
 While ensuring and protecting the rights of the accused and the complainant, a
preliminary inquiry should be made time bound and in any case it should not exceed 7
days. The fact of such delay and the causes of it must be reflected in the General
Diary entry.
 Since the General Diary/Station Diary/Daily Diary is the record of all information
received in a police station, we direct that all information relating to cognizable
offences, whether resulting in registration of FIR or leading to an inquiry, must be
mandatorily and meticulously reflected in the said Diary and the decision to conduct a
preliminary inquiry must also be reflected, as mentioned above.
 Youth Bar Association of India V/s. UOI & Others [W.P. (CRL) No.68/2016 (GUIDELINES)

Facts of the case: A Writ of Mandamus was filed by the petitioner before the Supreme Court of
India, to direct the Union of India and the States to upload each and every FIR registered in all the
police stations within the territory of India in the official website of the police of all States, as early
as possible, preferably within 24 hours from the time of registration.

The Court entertained the Writ and issued the following directions:

 An accused is entitled to get a copy of the FIR at an earlier stage than as prescribed under
Section 207 of the Cr.P.C.
 An accused who has reasons to suspect that he has been roped in a criminal case and his
name may be finding place in a FIR can submit an application through his
representative/agent/parokar for grant of a certified copy before the concerned police
officer or to the Superintendent of Police on payment of such fee which is payable for
obtaining such a copy from the Court. On such application being made, the copy shall be
supplied within twenty-four hours.
 Once the FIR is forwarded by the police station to the concerned Magistrate or any Special
Judge, on an application being filed for certified copy on behalf of the accused, the same
shall be given by the Court concerned within two working days. The aforesaid direction has
nothing to do with the statutory mandate inhered under Section 207 of the Cr.P.C.
 The copies of the FIRs, unless the offence is sensitive in nature, like sexual offences, offences
pertaining to insurgency, terrorism and of that category, offences under POCSO Act and such
other offences, should be uploaded on the police website, and if there is no such website, on
the official website of the State Government, within twenty-four hours of the registration of
the First Information Report so that the accused or any person connected with the same can
download the FIR and file appropriate application before the Court as per law for redressal
of his grievances. It may be clarified here that in case there is connectivity problems due to
geographical location or there is some other unavoidable difficulty, the time can be
extended up to forty-eight hours. The said 48 hours can be extended maximum up to 72
hours and it is only relatable to connectivity problems due to geographical location.
 The decision not to upload the copy of the FIR on the website shall not be taken by an officer
below the rank of Deputy Superintendent of Police or any person holding equivalent post. In
case, the States where District Magistrate has a role, he may also assume the said authority.
A decision taken by the concerned police officer or the District Magistrate shall be duly
communicated to the concerned jurisdictional Magistrate.
 The word 'sensitive' apart from the other aspects which may be thought of being sensitive
by the competent authority as stated hereinbefore would also include concept of privacy
regard being had to the nature of the FIR. The examples given with regard to the sensitive
cases are absolutely illustrative and are not exhaustive.
 If an FIR is not uploaded, needless to say, it shall not enure per se a ground to obtain the
benefit under Section 438 of the Cr.P.C.
 In case a copy of the FIR is not provided on the ground of sensitive nature of the case, a
person grieved by the said action, after disclosing his identity, can submit a representation
to the Superintendent of Police or any person holding the equivalent post in the State. The
Superintendent of Police shall constitute a committee of three officers which shall deal with
the said grievance. As far as the Metropolitan cities are concerned, where Commissioner is
 there, if a representation is submitted to the Commissioner of Police who shall constitute a
committee of three officers. The committee so constituted shall deal with the grievance
within three days from the date of receipt of the representation and communicate it to the
grieved person.
 The competent authority referred to hereinabove shall constitute the committee, as
directed herein-above, within eight weeks from today. j. In cases wherein decisions have
been taken not to give copies of the FIR regard being had to the sensitive nature of the case,
it will be open to the accused/his authorized representative/parokar to file an application for
grant of certified copy before the Court to which the FIR has been sent and the same shall be
provided in quite promptitude by the concerned Court not beyond three days of the
submission of the application.

The above said guidelines solve many unnecessary problems faced by the accused persons and
their family members.

Once the Criminal law is set in motion and liberty of an individual is at stake, he should have the
information so that he can take necessary steps to protect his liberty which is the fundamental
right guaranteed under Article 21 of the Constitution of India.