F.I.

R
(“First Information Report”)
                
                      What is an FIR. FIR is information about the cognizable offence given to a
police officer and reduced to writing as required by section 154 is called the “First
Information Report”. Actually, the word FIR is not mentioned in this code anywhere, here
the word “First Information Report” is used. This information must relate to the cognizable
offence. According to section 154, it may be defined as follows :

1. It is the information which is given to the police officer,   

2. Information must relate to a cognizable offence, 
3. It is the information first in point of time,  
4. It is on the basis of the information that investigation into the offence commences.

Object of FIR:-
This section has a three-fold object, namely—-

1. To inform the magistrate of the district and the District Superintendent of Police, who are
responsible for the peace and safety of the District, of the offences reported at the police
station;
2.     To make known to the judicial officers before whom the case is ultimately tried, about the
facts given out immediately after the occurrence and on the relevant materials of the
investigation commenced;   
3.     To safeguard the accused against subsequent variations or additions in the FIR.

Importance of FIR : First Information Report is important from many points of view
actually, it is a statement made soon after the occurrence, hence, the memory of informant
is fresh and it is also unlikely that he had opportunities of fabrication. Delay in giving
information is, therefore, viewed with grave suspicion. The first information need not
contain the name of the witness another minute detail

Duty to register FIR 

                                     The officer in charge of a police station is legally bound to register
a first information report in term of section 154 if allegations made give rise to an offence
which can be investigated without obtaining any permission from the Magistrate
concerned; the same may by itself, however, does not take away the right of competent
officer to make a preliminary enquiry.

Delay in filing FIR

                                 As per the section, the first information report is an information first
in point of time, so the delay in filing FIR may be a cloud of suspicion of the circumstances.
Delay in filing FIR can be condoned if there is a satisfactory explanation. Where the delay in
filing FIR is due to its being lodged at the wrong police station, it was held to be a
reasonable explanation in the case of Atmaduddin vs. State of U.P., A.I.R. 1974 S.C. 1901.

Delay in lodging FIR in a rape case

   In Kulwant Singh and others vs State of Punjab (2012) 3 Cri. L.J. 2199 (S.C.) it was held
that delay in lodging FIR is not a ground to throw away the entire prosecution case.
     It was held in Satpal Singh vs State of Haryana (2010) 4 Cr. L.J. 4283 (S.C.) that delay
in FIR lodging in the sexual offence has to be considered with a different yardstick.
      The supreme court held that in a rape case lodging of FIR was delayed for 10 days, the
delay will be deemed to have been reasonably explained where the honor of the family was
involved and its member had to decide whether to take the matter to the court or not.
(Harpal Singh and another versus State of Himachal Pradesh, 1981 Cr. L.J. 1 (S.C.)

Zero FIR

                   Zero FIR means where the first information report is lodged in a police station
having no territorial jurisdiction. When any information comes in a police station having no
jurisdiction in this matter, then the officer in charge of that Police Station will lodge the FIR
in his police station, but he will not numbered FIR or he will write serial no. 00 on it and
will be sent to the police station which has territorial jurisdiction over this matter and the
police officer record the information and will write serial no. on it. It is called Zero FIR. It
has the same status as an FIR under section 154 of CrPC 1973.

Deference between the FIR and ZERO FIR

                First Understand the FIR, it stands for First Information Report every FIR has
serial no, date of occurrence, time of occurrence, place of occurrence, contents of the
complaint, etc. and it is lodged because of commission of cognizable offence  (an offence in
which police can take suo moto action and no prior approval from court is required). Every
police station has its own jurisdictional area for which they can take up the investigation if
the commission of any cognizable offence found under their jurisdiction. Suppose my Bag
is theft at Bus stand of Taj Mahal, Delhi then the police station whose under Taj Mahal
come will lodge my FIR and investigate it.

            But in the case of Zero FIR, any police station can register FIR irrespective of
jurisdictional area, but the investigation will be taken up by the police in which place of
occurrence reported in FIR. The police officer registers the zero FIR marking it serial no. 00
and transfer to the competent jurisdictional police station area which has jurisdiction over
the matter and that police station will number the FIR, means putting a serial no. (014) etc.
on the FIR. 

           Take a famous example of Aasaram Bapu Rape case, In the FIR, the place of
occurrence of offence falls under the jurisdiction of Jodhpur, Rajasthan but the Police
Station Kamla Market, Delhi registered the FIR, then transferred it to Jodhpur, for further
investigation. Then Jodhpur police taken up the investigation.

           The sanctity of the legal process remains the same in zero FIR. It is very helpful for
people as it facilitates them by not allowing to make rounds of different police station for
lodging the FIR.
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