AN ANALYSIS OF FIRST INFORMATION REPORT

Article by - Gaurav Purohit (This article was written by his during tenure of his Internship as Legal Soch Foundation)

ABSTRACT

First Information Report is a written document which is prepared by the police officers when they get the information regarding the commission of the cognizable offences. As this particular information in regard to cognizable offence reaches to the police officer first in time thats why it is called as First Information Report. It is the most important piece of evidence on which whole structure of the prosecution side case is built upon.This Particular Article will be covering various points related to First Information Report such as meaning of the Term Fir, it will also cover essential elements of First Information Report, Objectives of Filing First Information Report, Evidentiary value of Fir and Landmark Case Laws related to the concept of First Information Report.

KEYWORDS - First Information Report, Evidentiary Value

INTRODUCTION

This Particular Term First Information Report i.e. FIR has not been defined anywhere in the Code of Criminal Procedure 1973 which is the criminal procedural law of the Country. This particular term is used only at one place in the code i.e. in Section 207 where it requires the Magistrate to provide to the accused a copy of the First Information Report as recorded under Section 154 sub clause 1 of the Code. The report is firstly recorded by the police in relation to the commission of the Cognizable Offence so that’s why it is known as First Information Report which provides information on the Cognizable Offence.

MEANING OF FIRST INFORMATION REPORT

The Term First Information Report may be defined as follow:

It is generally a piece of information given to the police officer and that particular information is related to the commission of Cognizable Offence. The Victim of Cognizable Offence or any person on behalf of the victim can give information and also lodge the complaint with the police officer. The Piece of Information is reported first in terms of time. This is the information on the basis of which investigation begins.

ESSENTIAL ELEMENTS OF FIRST INFORMATION REPORT

In the case of Mani Mohan V.s. Emperor there were some essential elements of First Information Report which are as follows:

It must be a piece of Information.

First Information Report must be in writing. If First Information Report given in writing it must be reduced into writing by appropriate police officer .The Crime or main act should be Cognizable in Nature. First Information Report must be in the nature of complaint or accusation with the object of putting the Law in motion.

VALUE OF FIRST INFORMATION REPORT AS A EVIDENCE

First Information Report is not considered as a Substantive Piece of Evidence. First Information Report can be used to corroborate an informant witness as provided under Section 157 of Indian Evidence Act 1872. However it cannot be used to contradict or discredit other witnesses. First Information Report can be used to Corroborate an Informant Witness as provided under Section 145 of Indian Evidence Act 1872 . A First Information Report which is non confessional in nature given by accused can be used as an admission against him under Section 21 of the Indian Evidence Act 1872 .It can be used by the defense to impeach the credit of the maker under Section 155 sub clause 3 of Indian Evidence Act 1872. It can be used as an Dying Declaration as Substantive Piece of Evidence if it relates to the cause or occasion or circumstances and facts which resulted in the informant’s death as within the meaning of Section 32 sub clause 1 of Indian Evidence 1872.However if First Information Report is lodged by the Accused himself, it cannot be used for corroboration or contradiction because the accused cannot be a prosecution witness and he would very rarely offer himself to be a defense witness under the Section 315 of Criminal Procedure Code 1973.

OBJECTIVES OF FILING FIRST INFORMATION REPORT

State of Rajasthan Vs Shiv Singh - In this Particular Case the High Court of Rajasthan defined the Term First Information Report which defines Fir as The Statement of the maker of the report at a particular police station before a police officer recorded in the manner as prescribed by the various provisions of the Code. Ragbir Singh Vs State of Haryana- In this particular case it was held by the court that going to the hospital due to the condition of the victim for saving his life instead of approaching the police station was completely a reasonable and valid explanation for delay caused in filing of First Information Report due to unavoidable circumstanceshose main responsibilities and duty is the safety and peace of the district, of the particular offence reported at the respective police station.

LANDMARK CASE LAWS

State of Rajasthan Vs Shiv Singh - In this Particular Case the High Court of Rajasthan defined the Term First Information Report which defines Fir as The Statement of the maker of the report at a particular police station before a police officer recorded in the manner as prescribed by the various provisions of the Code.Ragbir Singh Vs State of Haryana- In this particular case it was held by the court that going to the hospital due to the condition of the victim for saving his life instead of approaching the police station was completely a reasonable and valid explanation for delay caused in filing of First Information Report due to unavoidable circumstances

Harpal Singh And Another V.s State of Himachal Pradesh- In this particular case it was held by the court that delay of ten days in filing of first information report is reasonably explained when the prosecution side stated that as respect, social status and honour of the family was involved, the family members needed reasonable time to decide whether the matter should be taken to court of law or not. Mohan Lal V.s State of Uttar Pradesh- In this particular case it was held by the court that First Information Report is the Bible of the case which is initiated on the police report.

CONCLUSION

The Filing of First Information Report is the First Step of the Criminal Procedure that leads to the trial and the punishment of a criminal. As i mentioned above in the case law that First Information Report is the Bible of the case which is initiated on the police report. It is generally the most important piece of evidence on which the whole structure of the prosecution side case is constructed upon.

REFERENCES

The Code of Criminal Procedure 1973 ( Act no 2 of 1974)

The Indian Evidence Act 1872 (Act no 1 of 1872)

Shailja Singh What is a First Information Report? April 10, 2020https://blog.ipleaders.in/first-information-report-everything-important-you-should-know-about/