FIR, IT’ S OBJECTIVE AND EFFECT OF DELAY IN FIR

SHUDHANSHU RANJAN1
The first information report means information recorded by police officer on duty given either by
the aggrieved party person or any other person to the commission of an alleged offence. On the
basis of first information report; the police commence its investigation. First Information Report
or FIR is the crucial start of criminal law justice delivery system. Lodging or filling of FIR is the
start of application of criminal law. It is the beginning of the whole transaction of criminal law. It
is mandatory requirement to file a FIR, as and when there is an occurrence of crime according to
the code of criminal procedure (CrPC). First Information of the commission of a cognizable
offence is enough to constitute the FIR. Mention of time of commission and circumstances
behind it is not essential .Section 154 of CrPC describes about first information admitted to the
police in cognizable offence and Section 155 of CrPC describes about first information given to
the police in non-cognizable offences. Section 154 of Code of Criminal Procedure, 1973 defines
as to what amounts to first information. The principal object of 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 about the alleged criminal activity so as to
able to take suitable steps of trace and bring to book the guilty.

OBJECT OF FIRST INFORMATION REPORT

The principal object of 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 about the alleged criminal activity so as to able to take suitable steps of trace and
bring to book the guilty.i To set the law in motion FIR is lodged with a view to setting the
investigative process in motion and not for the purpose of setting down on paper all known facts
and circumstances about the incident. It does not constitute substantive evidence it can, however,
be used as a previous statement for the purpose of corroboration or contradiction of its maker
under s.157 or S. 145 of the Indian Evidence Act. The provisions as to an information report are
enacted to obtain early information of alleged criminal activity, to record the circumstances
before there is time for them to be forgotten or embellished and the report can be put in evidence
when the informant is examined if it is desired to do so. Much Importance attaches to the first

1
B.A.LLB 4th SEMESTER
statement of a person who lodges information in the Thana about the commission of a crime as it
is the original story of the occurrence given generally at the earliest opportunity without much
time left for embellishment or fabrication. This section provided for the prompt and proper
record of the information. It enjoins the police officer in charge to observe certain duties and
formalities for the record of the first information. In case of Apren Joseph v. State of Keralaii the
hon’ble court held that “First information report under s. 154, CrPC is not even considered a
substantive piece of evidence. It can only be used to corroborate or contradict the informant's
evidence in court. But this information when recorded is the basis of the case set up by the
informant. It is very useful if recorded before there is time and opportunity to embellish or before
the informant's memory fades. Undue or unreasonable delay in lodging the F.I.R., therefore,
inevitably gives rise to suspicion which puts the court on guard to look for the possible motive
and the explanation for the delay and consider its effect on the trustworthiness or otherwise of
the prosecution version.”

EFFECT OF DELAY IN FIR

Law has not fixed any time for filling F.I.R., as such a delayed F.I.R. is not illegal. On an
inordinate, unreasonable and unexplained delay in lodging of the F.I.R., arises a presumption in
law that the F.I.R. is based on a false or fabricated story or afterthought. Although, if there is no
unreasonable delay, it does not give rise to any simultaneous presumption that the F.I.R. is true.
As unreasonable delay adversely affects the evidentiary value of the F.I.R., any delay must be
properly explained. Knowing the Indian conditions as they are, it is not wise to expect from
villagers that they would rush to the police station immediately after the occurrence of any
offence. Human nature as it is, the kith and kin who have witnessed the occurrence cannot be
expected to act mechanically with the entire promptitude in giving the report to the police. At
times being grief-sticken because of the calamity it may not immediately occur to them that they
should give a report. After all it is but natural in the circumstances for them to take some time to
go to the police station for giving the report. Unless there are indications of fabrication, the Court
cannot reject the prosecution version as given in the FIR and later substantiated by the evidence
merely on the ground of delay. Delay in setting the law into motion by lodging of complaint in
court or of first information report at police station is normally viewed by Courts with suspicion
because there is possibility of concoction of evidence against an accused. So it becomes
necessary for the prosecution to satisfactorily explain the delay. But what would follow when
there is no explanation for the delay and when there is some explanation which is found to be not
satisfactory. It cannot be said that prosecution which otherwise duly proved has to fail merely on
the ground that there was no explanation for a little delay or the explanation for such delay is
found to be unsatisfactory. All that can be said is that in such an eventuality Courts have to be at
guard in evaluating the entire evidence on record.
Delay in lodging FIR can be of three types:
(1) Delay in lodging First Information Report by informant;
(2) Delay in recording First Information Report by the officer-in-charge of the police station;
(3) Delay in dispatching the First Information Report to the Magistrate.
Delay in lodging of FIR can be explained and it can be an inordinate and unexplained delay,
therefore the whole discretion of this delay of lodging the FIR is in the hand of the court,
whether the court find the explanation of this delay reasonable or unreasonable. So, this whole
concept of delay in lodging of first information can be understood by the understanding the
different interpretation by the Hon’ble Court in different time. In case of Ramdev v. State of
Rajasthaniii, It was observed by the Court that „delay in lodging FIR cannot be used as a
ritualistic formula for doubting the prosecution case and discarding it. Delay has the effect of
putting the Court on its guard to search if any explanation has been offered, and if offered,
whether or not it is satisfactory. Where the prosecution fails to satisfactorily explain the delay
and there is possibility of embellishment in the prosecution version on account of such delay, the
delay would be fatal to the prosecution case. However, if the delay is explained to the
satisfaction of the Court, it cannot by itself be a ground for disbelieving and discarding the entire
prosecution case. In any case where there is a delay in making the FIR the Court is to look at the
causes for it and if such causes are not attributable to any effort to concoct a version, no
consequence is attached to the mere delay in lodging the FIR. Delay in lodging of the FIR in
every case cannot be a ground for throwing the entire prosecution case. In a case of Rajan v.
State of T.N.iv, there was 14 days delay in lodging of FIR; there it was observed by the court that
“The need for setting the law in motion soon after the incident is of paramount importance in a
criminal case. It will be a vital and valuable piece of evidence corroborates the oral evidence to
be adduced during trial. 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 availability of witnesses. The delay in lodging the first
information report, quiet often results in confabulation and danger creeps in the possibility of a
coloured version after deliberation and consultation. It will be utterly unsafe to base a conviction
upon such evidence, when the law was not set in motion soon after the incident, but was delayed
for over 14 days, though the Police Station was within a furlong from the scene of occurrence”
State of Rajasthan v. Om Prakash v
In this case a child was raped. It was held by the court that it was not unnatural for the brother of
the victim to wait for the arrival of the elders of the house and to lodge a report after the decision
of the family members because reputation of the family and career of the girl was involved.
Mekala Raja Reddy v. State of APvi
In this case, the victim was forcibly taken to a field on 30.08.1992 while she was returning home
in the evening after making bide as a laborer. Her mouth was gagged, therefore, she could not
cry for help. She was threatened to be killed if she would not do sexual intercourse with the
accused persons. She stood these and then she was forcibly raped by the accused persons one
after another. She was threatened not to inform the incident to anybody. The incident came to
light due to loose talk by the accused in the village. When the police came to know about the
incident, they came to the village and questioned her and took her to the police station. There the
statement of the victim was recorded at the police station after four months. It was also held the
delay in lodging F.I.R. was properly and satisfactorily explained.
State of Punjab v. Gurmeet Singhvii
The Courts cannot overlook the fact that in sexual offences delay in lodging of FIR can be due to
variety of reasons particularly the reluctance of the prosecutrix or to go to the police and
complain about the incident of the prosecutrix and the honor it which concerns the reputation of
the elders of the family. It is only after giving a thought on arrival of in the family that a
complaint of sexual offence generally lodged.
Bhajan Singh v. State of Haryanaviii
In this case, the deceased was grievously injured. The father of the deceased person first shifted
his son to the hospital and only after that did he lodge a F.I.R. The delay stood satisfactorily
explained.
Gurdev Raj v. State of Punjabix
In this case, there was a quarrel between the appellant, his wife and mother-in-law. The appellant
picked up an iron rod lying in the room and administered blows on the head of his mother-in-
law. She died at about 6.30 p.m. The two other ladies present in the house had raised hue and cry
during the incident but no one came to their rescue. The accused ran away. Both the ladies being
frightened left the dead body in the house, locked it and went to inform the husband of the
deceased at Amritsar from Taran. He was not at home and came back quite late in the night. In
the morning, the wife of the appellant and her father went to the police station at Taran. There
was not any unexplained delay on the part of the prosecution in lodging F.I.R.
Raja Gounder v. State of Tamil Nadux
In this case, the accused attacked and brutally killed his brother in front of the deceased‟s wife.
She was the only eye-witness. Wife was in great distress and had first sent information to her
parents in their village some distance away and had thereafter left for police station to lodge
F.I.R. The delay of 13 hours was considered to be perfectly compatible with behavior of a widow
witnessing such an incident.
Concluding we can say that First Information Report (F.IR.) is extremely vital and valuable piece
of evidence for corroborating the oral evidence adduced. It is First Information Report (F.I.R)
that brings the whole criminal justice delivery system into action. Whenever there is an
occurrence of any offence, it is the FIR which brings knowledge to the whole criminal law
justice delivery system. F.I.R. is of very great importantance and hence encoded in the code of
criminal procedure so as to make sure that everyone in the society should get justice.
BIBLIOGRAPHY

BOOKS AND STATUTES

 R.V. Kelkar’s Lectures on Criminal Procedure( 5th edition)

 Criminal Manual, (Professional’s), 2018.

WEBSITES

 www.indiankanoon.com

 www.legalbites.com

 www.lawlex.com

ENDNOTES
i
Sheikh Hasib alias Tabarak v. State of Bihar
ii
AIR 1973 SC 1
iii
1991 (3) Crimes 812, 814
iv
1989 (1) Crimes 756
v
AIR 2002 SC 2235
vi
2002 Cr. L.J. 3407 (AP)
vii
1996 AIR SCW 998
viii
2011 (3) RCR (CRIMINAL) 641
ix
2008 Cr.L.J. 382 (SC)
x
2011 (1) RCR (Criminal) 614