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Section 154 (FIRST INFORMATION REPORT)

The registration of FIR is a medium to receive information about the


commission of a cognizable offence and take action according to law. A
police officer is empowered to take necessary action for the collection of
evidence and arrest of accused after lodging the FIR. 
The police officer cannot refuse to register the FIR if the information
discloses the commission of a cognizable offence.
Section 154 crpc
What is FIR
The code of criminal procedure (Crpc) does not define the word FIR. But
the information recorded under section 154 Crpc is called the First
Information Report (FIR). FIR contains information of cognizable
offence that is first in point of time. 
Information about the non-cognizable offence is not an FIR. When a
police officer receives such information he registers that information
under section 155 of the crpc. That report is called non-cognizable report
(NCR).  
Whether police has discretionary power
FIR is an important piece of document which forms the very basis of the
case. Hence, the law emphasis on the early recording of FIR to obtain
prompt information of criminal activity.
A police officer has no discretionary power towards the recording of FIR
if the information reveals the commission of a cognizable offence. If the
information seems firm and reliable, the police officer necessarily
records it and start an investigation immediately. 

Recording of FIR is mandatory


The recording of FIR is mandatory because it sets the criminal law sets in
motion. FIR gives early opportunity to collect evidence before its
embellishment. When the police officer ignores to record FIR,
 you can send the same information, by a registered post to the
Superintendent of Police of your district. Section 154(3) CrPC
provides such an alternative provision.
 You can file a complaint before Magistrate. 
The Superintendent of Police, upon receiving the informant either
himself investigate the crime or direct any sub-ordinate officer to do so.

Which kind of information is necessary to record as FIR? In State of


Haryana v Bhajan Lal AIR 1992 SC 604 the Supreme manifested
the compulsory requirement for the recording of FIR:
1. There should be a piece of information
2. That information must disclose the commission of a cognizable
offence.
Thus, the information must disclose that a cognizable offence has been
committed. In case it reveals the commission of a non-cognizable crime,
the police record that information under section 155 crpc as Non-
Cognizable Report (NCR). If the police officer doubts about the nature of
the offence, he can conduct a preliminary inquiry but only after
recording the FIR.
Any person can lodge FIR
In Superintendent of Police, CBI v. Tapan Kumar Singh, (2003) 6 SCC
175 the Supreme Court held that anyone can lodge FIR even a person
who does not know the name of the victim and accused. 

A police officer is bound to register the FIR


In Lalita Kumari v. Govt. of U.P., (2014) 2 SCC 1 the
constitutional bench of Supreme Court held that
“The registration of FIR is mandatory under section 154 crpc if the
information discloses the commission of a cognizable offence and no
preliminary investigation is permissible in such a situation.”

Mode of recording
The police officer enters the information in the FIR book. You can
furnish the information either orally or in writing. Giving information in
writing is not mandatory. Whenever the police receive the information,
he reduces it into writing and takes the signature of the informant.
After recording the FIR, he does supply a copy of it at free of cost to the
informant. Since FIR is a vital piece of evidence, therefore, the police
officer enters material points of FIR in the General Diary.

Precautions before the filing of FIR 


The information must furnish the correct facts and does not implicate
the innocent person. Giving false information is an offence and
punishable under section 182 of the Indian Penal Code.
FIR should be recorded immediately or within a reasonable time after
the commission of an offence. In case of delay, you should explain the
actual cause of such delay in the FIR. Usually, inordinate delay in
recording of FIR creates doubts about its genuineness and gives the
accused a chance to quash the FIR under section 482 crpc.
You can lodge the FIR despite the accused is an unknown person. It is
the duty of investigating officer to discover the culprits based on
evidence collected during the investigation.

More than one FIR


Don’t record more than one FIR in respect of the same offence. In  T. T.
Antony v. State of Kerala 2001 SCC, the Supreme Court is held
that there cannot be two or more FIR against the same offence.
If you received some additional information regarding the same crime,
you could provide them to the investigating officer during the
investigation. He shall record them under section 161  of the crpc.
Don’t file a supplementary FIR with the additional information.
Following are some crucial points towards the first information report:
 Any person can lodge FIR which has information about the
commencement of a cognizable offence.
 The information recorded by the officer in charge of the police
station following the procedure of section 154 crpc is called FIR.
 Secret and anonymous information does not treat as first
information report.
 The information must relate to the commission of a cognizable
offence.
 Statement recorded by the investigating officer in the course of the
investigation may not be a part of the first information report.
 The informant is not bound to give the name of accused; therefore,
the absence of the name of accused in FIR is necessarily not fatal.
 The police officer is bound to furnish a copy of the first information
report to the informant at free of cost.
 The investigation starts, and criminal law comes in motion
immediately after the recording of a first information report.
 The police officer has no power to refuse to record the FIR if the
information discloses the commission of a cognizable offence.

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