Different phases of FIR

1. Frist version
First version or Regular FIR is filed under section 154 of CrPC (criminal procedure code) on the
happening of certain offence. Section 154 establishes the authority of a police officer to register an
FIR when they receive information about the commission of a cognizable offense. The information can
be provided by the victim, a witness, or any other person with knowledge of the offense.

Recording of Information:

The police officer is required to record the information in writing and provide a copy of the recorded FIR
to the informant (person providing the information). This recorded information is essentially the "first
version" or the initial account of the incident as reported to the police.

2. Cross Version:
A Cross FIR (First Information Report) refers to a situation where multiple parties are involved in a
dispute or an altercation, and each party files a complaint or FIR against the other. In other words, there
are two (or more) separate FIRs registered, each representing one party's version of events and accusing
the other party of wrongdoing.

Investigation Challenges:

For law enforcement authorities, investigating Cross FIRs can be challenging because they need to
consider conflicting narratives and gather evidence from both sides. Determining the sequence of
events and the truth becomes a complex task.

3. Counter Version:
In some cases, the accused party files a complaint against the complainant in response to the original
FIR. These are known as Counter FIRs, and they present an alternative version of the incident. Counter
version proceedings are as follows;

Evidence Assessment: The court considers the evidence presented by both parties, including the
contents of the FIRs, witness statements, any available physical evidence, and other relevant
documentation.

Independent Investigation: In some cases, the court may order an independent investigation to gather
additional evidence or verify the information presented in the FIRs. This could involve further
examination of the crime scene, interviews with witnesses, and forensic analysis.
Framing of Charges: Based on the evidence and legal considerations, the court decides whether there is
sufficient ground to frame charges against any of the parties involved. Charges may include specific
criminal offenses based on the nature of the incident.

Trial: If charges are framed, the case proceeds to trial. During the trial, both parties have the
opportunity to present their case, call witnesses, and provide additional evidence. The court evaluates
the evidence and legal arguments to make a final determination.

Acquittal or Conviction: Following the trial, the court may acquit the accused if the evidence is
insufficient or if the accused is found not guilty. Alternatively, if the evidence supports the charges, the
court may convict the accused and impose appropriate legal consequences.

4. A Case of Two Version:

A case involving two versions in a First Information Report (FIR) typically arises when there are
conflicting accounts of an incident, and both parties involved provide different narratives of what
occurred. In such cases, the police may receive complaints from two or more individuals involved in the
incident, and each party's version may differ significantly from the other.

What are the ingredients to constitute a criminal offence?

The elements or ingredients required to constitute a criminal offense can vary depending on the specific
offense and the legal system in place. Generally, however, several key components are common to
many criminal offenses. These elements often include:

Mens Rea:

The term refers to guilty mind. Many criminal offenses require proof that the accused had a culpable
state of mind or intent at the time of committing the act. This mental element, known as "mens rea,"
can range from purposeful intent to recklessness or negligence, depending on the nature of the offense.

Actus Reus:

The term refer to guilty act. There must be a physical act or conduct that constitutes the criminal
offense. This is referred to as the "actus reus." The act can be an affirmative action, a failure to act when
there is a legal duty to do so, or a specific consequence resulting from the defendant's conduct.

Causation:

In many cases, there must be a causal connection between the defendant's actions and the resulting
harm or illegal consequence. The defendant's conduct must be a substantial factor in bringing about the
criminal result.
Concurrence:

There must be a concurrence of both the mens rea and actus reus. In other words, the guilty mind and
the guilty act must coincide in time.

Legality:

The act must be prohibited by law. In criminal law, the principle of legality ensures that individuals
cannot be punished for conduct that was not clearly defined as criminal at the time of the act.

Harm or Result:

Some offenses require proof of a specific harm or result. For example, homicide offenses require proof
of death caused by the defendant's actions.

Defenses:

The accused may raise defenses to criminal liability, such as self-defense, insanity, mistake of fact, or
necessity. These defenses can vary depending on the jurisdiction and the nature of the offense.