{"id":4069,"date":"2024-12-28T13:22:00","date_gmt":"2024-12-28T07:52:00","guid":{"rendered":"https:\/\/lawjurist.com\/?p=4069"},"modified":"2024-12-28T13:23:26","modified_gmt":"2024-12-28T07:53:26","slug":"first-information-report-and-its-history","status":"publish","type":"post","link":"https:\/\/lawjurist.com\/index.php\/2024\/12\/28\/first-information-report-and-its-history\/","title":{"rendered":"FIRST INFORMATION REPORT AND ITS HISTORY"},"content":{"rendered":"\t\t
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AVISHIKTA BISWAS HERITAGE LAW COLLEGE, KOLKAT 9th<\/sup> SEMESTER, 5th<\/sup> YEAR<\/p>\n\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t

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INTRODUCTION :<\/span><\/h5>\n
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.\u00a0\u00a0<\/span><\/h5>\n
WHAT IS AN FIR?<\/span><\/h5>\n
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.\u00a0<\/span><\/h5>\n
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.\u00a0<\/span><\/h5>\n
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.\u00a0<\/span><\/h5>\n
THE ESSENTIALS OF AN FIR :<\/span><\/h5>\n
In order for an information to be recorded as an FIR, the following essentials are to be met :<\/span><\/h5>\n
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  1. \n
    The offence for which information has been provided should be a cognizable offence<\/span><\/h5>\n<\/li>\n
  2. \n
    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.<\/span><\/h5>\n<\/li>\n
  3. \n
    The information relating to the offence can be provided orally or in writing.<\/span><\/h5>\n<\/li>\n
  4. \n
    The\u00a0 information regarding the commission of a cognizable offence has to documented, that is, it must be written down.\u00a0 After writing the same, it has to be read out to the concerned person that is the informant.<\/span><\/h5>\n<\/li>\n
  5. \n
    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.\u00a0<\/span><\/h5>\n<\/li>\n
  6. \n
    The information must be lodged in the General Diary or the Station Diary.<\/span><\/h5>\n<\/li>\n<\/ol>\n
    HISTORY AND EVOLUTION\u00a0<\/span><\/h5>\n
    As already stated above, even though not expressly provided for\u00a0 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.\u00a0<\/span><\/h5>\n
    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\u00a0 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.\u00a0<\/span><\/h5>\n
    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.\u00a0\u00a0<\/span><\/h5>\n
    In the case of Lalita Kumari versus Govt. of Uttar Pradesh and Ors<\/span> (2008), the Apex Court held that when a Police Officer receives any information relating to any cognizable offence, then\u00a0 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.<\/span><\/h5>\n
    \u00a0Further in the case of Hallu & Ors. Vs State of Madhya Pradesh<\/span> (1978), the Hon\u2019ble 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.<\/span><\/h5>\n
    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<\/span> the Court held that the rule regarding explaining any delay in filing FIR does not apply in cases of rape<\/span><\/h5>\n
    \u00a0In the case of Ravi versus Badrinarayan & Ors<\/span> 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<\/span>, 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\u2019s jurisdiction is also called a Zero FIR, after registering the FIR in the police station outside the offence\u2019s jurisdiction the FIR is transferred to the police station which has the jurisdiction.<\/span><\/h5>\n