ESSENTIAL ELEMENTS OF F.I.R.

Although the definition of FIR is no given in the Cr.P.C. however it

may be as follows:-

i) It is information which is given at the first stage to the Police

Officer In- charge of the Police station.

ii) Information must relate to a cognizable offence.

iii) It is on the basis of this information that investigation into the

offence commences.

v)The FIR could be in any type i.e. written or oral. It can also be
given on telephone. Sunil v/s State of MP, 1997.

It is essential that a detailed explanation of the happening should

be given in FIR. In a case of Navratan Mahanto v/s State of
Bihar-1980, the court observed that the prosecution cannot be
dismissed merely on the basis that FIR does not contains the
complete explanation of happening as only gist of the happening
in factual position needs to be mentioned.

Section 154 says- As soon as the Officer-in-charge receives

information of commission of a cognizable offence entry to this
effect shall & immediately be made in the Register maintained for
this purpose without delay.

If any information is given orally, it should be recorded and then

to read and obtained the signature of the person giving
information.

In a case of State of A.P v/s P. Ramulu, 1993, the court observed

that FIR cannot be refused to be recorded on the ground that the
offence was committed not within the jurisdiction.

There should be no delay in registering FIR (Gnash Bhawan Pated

v/s State of Maharashtra, 1979.).