FIRST INFORMATION REPORT AND ITS HISTORY

INTRODUCTION :

When a crime is committed, the first step which starts off the investigation is the reporting of the crime. It is the most crucial part of an investigation as it starts the pathway to justice. First Information Report or FIR, is the first reporting of a serious offence by a complainant to the authority that is the police officer. An FIR forms an integral part of the entire criminal investigation, as it is the first official record of the commission of a crime.  

WHAT IS AN FIR?

An FIR or First Information Report is a written or oral complaint to the police authority given regarding the commission of any cognizable offence. It is not essential for the individual against whom the offence was committed to make a formal complaint (FIR) with the police; a FIR can be filed by anybody with knowledge of the offence. Neither the Criminal Procedure Codes nor any other criminal legislation specifically defines a First Information Report (FIR). However, although not expressly defined, any information recorded or provided under Section 154(1) of the Criminal Procedure Code is called an FIR. When such information reaches the officer in charge of a police station, the information must be recorded in writing. 

An FIR must contain all the basic information and description of the offence and the complainant and the copy of the same shall be provided to the complainant as well. The report shall also be signed by the person who provided the information. The steps which follow the FIR is the investigation of the crime, once the claims of the complainant are sufficiently supported by evidence gathered from the evidence, a charge sheet shall be filed. 

The proper reporting of an FIR is very crucial as any delay in the same can lead to manipulation or distortion of the facts of the offence or any information related to the offence. 

THE ESSENTIALS OF AN FIR :

In order for an information to be recorded as an FIR, the following essentials are to be met :

1. The offence for which information has been provided should be a cognizable offence

2. The information regarding the offence should be given to the officer in charge of the specific police station who has been empowered for the same under section 154 of the CrPC.

3. The information relating to the offence can be provided orally or in writing.

4. The  information regarding the commission of a cognizable offence has to documented, that is, it must be written down.  After writing the same, it has to be read out to the concerned person that is the informant.

5. The FIR must be signed by the person providing the information and a copy of the FIR must be given to the informant without any charge. 

6. The information must be lodged in the General Diary or the Station Diary.

HISTORY AND EVOLUTION 

As already stated above, even though not expressly provided for  the recording of information of a cognizable offence has been provided for in the Criminal Procedure Code under section 154. The CrPC was first introduced in the British Era in the year 1882, which was later amended in later years. Therefore the provision for FIR goes back to the British Rule. 

Even though CrPC was enacted in the year 1882, it was in the year 1881 when the city of Delhi filed its first FIR. The FIR was relating to the offence of  and was registered in the Sabzi Mandi Police Station. The FIR was filed after the enactment of the Indian Police Act, 1861 which led to the formation of five police stations in the city of Delhi. These five stations had recorded several FIRs during that period. The format of FIRs have evolved through the years. In the period of 1860s-1870s FIRs consisted of only few sentences, which evolved to become more detailed and lengthy in recent times. 

Various judgements have also been pronounced related to FIRs which intends to make the recording, understanding and procedures related to it more clear, efficient, broad and effective.  

In the case of Lalita Kumari versus Govt. of Uttar Pradesh and Ors (2008), the Apex Court held that when a Police Officer receives any information relating to any cognizable offence, then  the police officer shall register an FIR for the same compulsorily. This case, thus, made it compulsory for the police officers to register an FIR whenever it receives any information related to any cognizable offence.

 Further in the case of Hallu & Ors. Vs State of Madhya Pradesh (1978), the Hon’ble High Court held how personal knowledge of the offence is not necessary to report the same. This case, thus, gives other individuals aware of the commission or occurrence of any cognizable offence the right to inform authorities about the offence.

It is always preferable to file an FIR as early as possible , as the more the delay the more the chance of concoction and lack of truth in the story or the case. An FIR loses its evidentiary value if it is filed after a delay, however if the reason of the delay is proper and reasonable then the delay might be justified. The judiciary has always emphasized on the importance of an FIR filed in proper time, however they have also stated that a little delay can be overlooked and further that in certain cases delay in lodging a first information report can be justified. Like in the case of State of U.P vs Manoj Kumar Pandey the Court held that the rule regarding explaining any delay in filing FIR does not apply in cases of rape

 In the case of Ravi versus Badrinarayan & Ors the court held delay in filing the FIR should not treated as the only ground for rejection of FIR. In the case of Satvinder Kaur versus State, the Hon’ble Delhi High Court held that the police cannot deny the filing of an FIR just because the offence took place outside the jurisdiction of the police station. These cases thus prevent the police officers to deny filing FIR on mere grounds of delay and jurisdiction. Recording of FIR in another police station’s jurisdiction is also called a Zero FIR, after registering the FIR in the police station outside the offence’s jurisdiction the FIR is transferred to the police station which has the jurisdiction.

• ZERO FIR :

Zero FIR is when an FIR is lodged by a police officer who does not have the jurisdiction. Earlier there have been instances where police officers have not filed an FIR for the mere reason of lack of jurisdiction. Thus the concept of zero FIRs help a person to file a complaint at the earliest without thinking about the jurisdiction of the offence or without being rejected by the police due to lack of jurisdiction. The concept of Zero FIR came up after Justice Verma Committee’s recommendations. In this case the FIR is not numbered that is it has no serial number. The registering Police Station does not start investigating the offence rather it transfers the  case  to the police station which has the jurisdiction, which eventually registers it.

Further in the case of Achyut Shinde (Patil) vs. State of Maharashtra, the Court held that any complaint or information of any cognizable offence over call cannot be treated as an FIR if the message is not clear and specific. Therefore, from this case it can inferred that in order for a telephonic message of an offence can be treated as an FIR if it is specifically detailed and credible. 

FIR IN THE ERA OF DIGITIZATION 

Currently, we live in the era of rapid digital and technological growth, lives of people have become way easier than before. There was a time when individuals had to wait in long queues for paying bills etc. however now everything can be done online in the comfort of one’s house. As already stated above, FIRs have evolved through the years. Initially FIRs weren’t as detailed, long and specific like in recent years. Slowly with the evolving times, FIRs have also gone through digitization, making the process of filing more simple and easy. 

FIRs can now be submitted online via a designated website, which speeds up the process by eliminating the need to travel to a police station. This method, known as E-FIRs, allows individuals to file an FIR from the comfort of their own homes. The process is facilitated through the specific state police station’s website. The 22nd Law Commission in its 282nd Report promoted the E-FIR system and provided recommendations on the same. Eight states have put into effect the e-FIR registration system as a result of the National Crime Record Bureau’s (NCRB) CCTNS project. 

FIR UNDER THE NEW CRIMINAL LAW : BHARATIYA NAGARIK SURAKSHA SANHITA, 2023

The Criminal Procedure Code is now the Bharatiya Nagrik Suraksha Sanhita, which aims to bring reforms and changes in the CrPC. It has brought in several changes in the legal landscape and thereby the provisions in the old Act have also changed in the new Act. The CrPC provided for registering any cognizable offence under section 154 of CrPC, however the new Act provides for the same under section 173.  

In the CrPC there did not exist any express provision relating to zero FIRs and e-FIRs, however the present Act that is the Bharatiya Nagarik Suraksha Sanhita, 2023 brings a remarkable change by providing for filing zero FIRs or e-FIRs. The provision under section 173 provides for giving information to the officer in charge of any police station about the occurrence a cognizable offence “irrespective of the area”. Thus the new criminal law expressly allows for the filing of FIR without jurisdiction.

Further the CrPC also did not provide for recording an FIR digitally or ‘electronically’, however the Bharatiya Nagarik Suraksha Sanhita allows for the same. Under this law, an information of any cognizable offence can be given electronically as well, that is, via electronic communication. In such scenarios, the signature of the informant must be taken within a period of 3 days.

In cases where the information is related to a cognizable offence where the punishment ranges for a period of 3 years to 7 years, a preliminary enquire can be conducted regarding the same within a period of 14 days. This gives the FIRs a credibility in the era of thousands of false FIRs and also prevents unreasonable delay by providing a time frame for such enquiry.  

Even though the concept of zero FIRs and e-FIRs is not new, they now a legal standing as the new criminal law , that is, the Bharatiya Nagarik Suraksha Sanhita  provides for these under section 173(1) of the Act. Thus the new law aims to mend the problems in filing FIRs like jurisdictional problems. Providing a legal backing to the concept of zero FIRs and e-FIRs is a revolutionary step and will prove to be very helpful and convenient in the long run for the citizens.

CONCLUSION :

FIRs are very crucial for criminal investigation of a serious offence or a cognizable offence, as it sets off an investigation in motion. FIRs have also evolved with growing times, the Indian Judiciary through its pronouncements has given several guidelines relating to filing FIRs making it easier and at the same it less prone to falsity. Further, the new Bharatiya Nagarik Suraksha Sanhita has transformed the system of FIRs by modernizing the same. This evolution will be very convenient and beneficial for the citizens as it makes the process of filing FIRs more accessible and hassle free, further the act can also prove to be a deterrent towards prevention of false FIRs in the long run. FIRs are an important instrument in criminal investigation, and the same has evolved according to the needs of the society, however further reforms regarding the same will make the system more efficient and effective.

REFERENCES : 

• Kiran Bedi, FIR according to the old and new laws, THE SUNDAY GUARDIAN (June 23, 2024), https://sundayguardianlive.com/opinion/fir-according-to-the-old-and-new-laws

• Shailja Singh, What is a First Information Report, IPLEADERS (September 23, 2023) , https://blog.ipleaders.in/first-information-report-everything-important-you-should-know-about/#Delay_in_Filing_FIR_in_Case_of_Rape

• Sanjeev K Jha, Antique FIRs : How Delhi has dealt with crime since the 19th Century, THE HINDUSTAN TIMES (June 28, 2023), https://www.hindustantimes.com/cities/delhi-news/delhi-police-officer-digitizes-145-year-old-firs-to-preserve-history-and-showcase-policing-evolution-101687925651974.html

• Twinkle Siwach, History of First Information Report in India, Vol. 99, JSTOR.839-847 (2018-19).

• India News Desk, Zero FIRs, online complaints, electronic summonses : Key highlights of new criminal laws, FINANCIAL EXPRESS, (July 1, 2024), https://www.google.com/amp/s/www.financialexpress.com/india-news/zero-fir-online-complaints-electronic-summonses-key-highlights-of-new-criminal-laws/3540178/lite/