Question 1. What is FIR? What is its evidentiary value ?

Answer - First information report (FIR) is a written document prepared by the police when they
receive information about the commission of a cognizable offence. It is a report of information
that reaches the police first in point of time and that is why it is called the First information
report.

It is generally a complaint lodged with the police by the victim of the cognizable offence or by
someone on his /her behalf. Anyone can report the commission of a cognizable offence either
orally or in writing to the police. Even a telephonic message can be treated as an FIR.

Elementary value of FIR

The evidentiary value of First Information Report can be justified from the point of statements
made to the police officials under three categories -:
a. The statement which has been given and recorded as FIR.
b. Statement Recorded under section 161 of criminal procedure code.
c. Statement recorded other than the first two ways.

However neither these three categories of statements can be regarded as a substantive piece of
evidence as because it was not made or recorded before a magistrate in trial or was not made on
oath nor it was tested by cross examination. However such statements can be used to corroborate
or to contradict his testimony as per the provisions of Indian Evidence Act, 1872 if the person
making it subsequently appears and gives such evidence in court at the time of trial. As per
section 157 of the Indian Evidence Act, 1872. In order to corroborate the testimony of a witness,
any former statement made by such a witness relating to the same fact, at or about the time when
the offence took place, or before any authority legally competent to investigate the fact may be
proved.
Further section 145 of the same act provides , “A witness may be cross- examined as to the
previous statements made by him in writing or reduced in to writing and relevant to matters in
question, without such writing being shown to him or being proved, but if it is intended to
contradict him by the writing his attention must, before writing can be proved, be called to those
parts of it which are to be used for the purpose of contradicting him.”
It is thus by virtue of the above mentioned provisions the statements recorded in the FIR can be
used to corroborate the informant and thus is not a substantive evidence. It is the first version of a
criminal case as duly recorded by the police and thus statements which form the contents of the
FIR naturally carry a weight. It is thus used as a previous statement for the purpose of either
corroborating its makers or contradicting him. However it is also true that FIR has been treated
as Dying Declaration as entailed under section 32 of the Indian Evidence Act, 1872 as if the
victim himself gives his last statement to the police which is recorded as FIR and subsequently
after a day he expires then what may be the status of FIR from the footings of Indian Evidence
Act, 1872.

In Barati vs State of U. P,1974 AIR 839, 1974 SCR (3) 570, it was held that it is not justifiable
to discard the dying declaration made by the appellant to the police sub-inspector, and where the
trial Court was wrong in rejecting the dying declaration to the police (F.I.R.) on the ground that
the deceased had stated to the doctor that he had become unconscious after the occurrence. There
was nothing in the statement recorded by the doctor to indicate that the deceased remained
unconscious for a long time and as such was not in position to lodge the F.I.R. The fact that the
language used in the dying declaration made to the doctor was rather chaste would not go to
show that the said statement could not have been made by the deceased. As to the language used
in the dying declaration there is nothing abnormal or unusual in the same person using colloquial
language while talking to one person and using refined language while talking to another person.

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’.

Question 2. When a statement amounts to FIR ?

Answer - It has been held that the first information is that information which is given to police in
first 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.
However any sought of information given first in the point of time is not necessary first
information within section 154 of CrPC . It is necessary that the first information must relate to
the cognizable offence on face of it and not merely in the light of subsequent events.

Section 154 does not necessary contemplate that the 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 2 different police stations regarding
the same offence , both would be admissible in evidence .

The following points may be noted about a FIR :

1. It should be an information of a fact disclosing the commission of a cognizable offence.

2. It should not be vague or indefinite. If allegations made in FIR are taken at their face
value and accepted in their entirely do not constitute an offence , the criminal
proceedings instituted on the basis of such FIR will be quashed ,
3. It maybe given by anybody, the injured should not always be 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 FIR :

1. A statement given to the police after the investigation has commenced.

2. A statement made by the witness during an investigation.
3. A statement recorded by the officer in charge on the basis of his personal knowledge after
the original information was received.
4. A complaint made orally or in writing to a magistrate

Question 3. Who can record the confession of an accused? What precautions should be
taken by him in recording the confession?

Answer - Confession is a statement by which a person acknowledges his or her guilt. A

confession is considered by law specialists to be the ultimate evidence of guilt.

Any Metropolitan Magistrate or Judicial Magistrate under section 164 of CrPC may record any
confession or statement made to him in the course of an investigation.

Precautions taken by him in recording the confession is mentioned under section 164 of CrPC:
The Magistrate shall, before recording any such confession, explain to the person making it that
he is not bound to make a confession and that, if he does so, it may be used as evidence against
him; and the Magistrate shall not record any such confession unless, upon questioning the person
making it, he has reason to believe that it is being made willingly.

In the case of Palvinder Kaur v State of Punjab the Supreme Court approved the Privy Council
decision in Pakala Narayan Swami case over two scores.

Firstly, that the definition of confession is that it must either admits the guilt in terms or admit
substantially all the facts which constitute the offence. Secondly, that a mixed up statement
which even though contains some confessional statement will still lead to acquittal, is no
confession. Thus, a statement that contains self-exculpatory matter which if true would negate
the matter or offence, cannot amount to confession.

Name : NIKHIL MISHRA

Enrolment number : 19FLUCDDN01007

LLB (1ST YEAR)