SCHOOL OF LAW
NARSEE MONJEE INSTITUTE OF MANAGEMENT STUDIES
CRPC ASSIGNMENT
FIRST INFORMATION REPORT
BY-
PARICHAYA REDDY.B
BBA, LL .B
81021219018
SCHOOL OF LAW
NMIMS
BENGULURU.
TO-
Mr. SRINIVAS SIR
ASSISTANT PROFFESOR OF CRPC
NMIMS
SCHOOL OF LAW
BENGULURU.
FIRST INFORMATION REPORT
An FIR (First Information Report) is the first form and information of a
cognizable offence registered by a police station's officer-in-charge.
The purpose of filing a FIR is to put criminal law into action, not to express any of
the minor information.
Despite the fact that this word isn't found in the Criminal Procedure Code,
"a knowledge provided under sub section" is (1) of the Criminal Procedure Code
(CrPC) is generally referred to as a
first detail report (FIR).
The evidence provided to the police officer in order to register a case must be true
and accurate.
It should be traceable to a certain person who is responsible for disseminating facts
rather than being gossip.
It may be hearsay or not, but the person who publishes the hearsay should accept
responsibility for it. and cite the information's origins
A false police report should not be issued as a result of a malicious rumor. A
woman police officer must document the details provided by the woman against
whom an offence u/s 326A, 326 B, 354, 354A-D, 376, 376A-E, and 509 of the Indian
Penal Code is suspected.
The term "cognizable offence" refers to an offence for which the police officer has
exclusive authority.
Who is qualified to file a FIR?
The following people will file a FIR:
1) An aggrieved party or someone acting on his behalf.
2) Any citizen who is guilty of the crime by being one of the following:
(a) A bystander and/or
(b) a report based on hearsay.
3) From the defendant himself.
4) Even where a cognizable offence is committed in the presence of an officer in
charge, the SHO may register a report based on his own experience or intelligence.
However, he is not required to report such information in writing, and even though
the information is only provided by a medical certificate upon the insured's arrival,
the (SHO) can record it in his daily diary and go to the hospital to record the
insured's detailed comment.
.
Under all cases, the facts must be precise, not speculative, authentic, not based on
rumors or speculation, and simply make the case. an event that can be understood
It is important to remember that the person supplying the hearsay must identify
the source of his knowledge and send it with his or her signature in order for it not
to be considered false rumor.
where can the FIR be filed?
A first Information Report can be filed by anybody (FIR).
He does not have to be the perpetrator, the injured party, or an eyewitness.
A First Information Report does not have to be true; it can be hearsay and does not
have to be provided by someone who has firsthand knowledge of the evidence.
When do you file it?
An FIR should be lodged with the police station in charge of the district where the
offence occurred.
It is an equally valuable item to acquire, despite its secondary status.
early notice of suspected unlawful wrongdoing and the documentation of the
events prior to the hearing, lest they be overlooked or embellished.
FIR Objectives: The following are the goals of filing a FIR:
(1) To convert the content of information provided orally about a cognizable crime
into a written form.
(2) If the claimant agrees, it must be signed by the complainant. if the request is
made in writing
(3) To keep a list of the facts pertaining to the cognizable offences that have been
committed.
(4) To open an investigation after receiving knowledge about a cognizable offence.
(5) To notify the Magistrate of the existence of the knowledge obtained.
The court claimed in Habib v State of Bihar that the primary purpose of a FIR was to
initiate criminal proceedings.
In the case of P.Sirajuddin v State of Madras, it was held that obtaining early
knowledge of a suspected crime from the informant and writing down the
allegation until his recollection loses or before he has the time and ability to
embellish it, is sufficient grounds for filing a police report.
FIR Fundamentals:
The below are the necessary requirements to be aware of when reporting/
recording data:
1. What information must be conveyed?
2. What capability did the offence occur in?
3. Who was the perpetrator of the crime?
4. Who was the perpetrator of the crime?
5. When did the crime begin?
6. Where and where did the offence occur?
7. What was the driving force behind?
8. The manner in which the event occurred, if any
9.Witnesses, if any are available.
10. What would you do if anything was taken away from you?
11. What evidence did the accused leave behind?
12. If there is any causality, what is it?
FIR filing procedure
The process for filing a FIR is outlined in Section 154 of the Criminal Procedure
Code of 1973.
Formalized Text
The police must write down facts concerning the commission of a cognizable
offence that is supplied verbally.
Take a look.
An individual who provides information or files a report with the police may request
that the information collected by the police be read to him or her.
Authentication
Just sign the report after confirming that the information collected by the police
corresponds to the information provided by you.
Authentication
The person providing the information must sign the information after it has been
registered by the police.
It's important to remember that people who can't read or write are supposed to
place their left thumb impression on the paper after confirming that it's accurate.
a copy of the police report
An individual who files a FIR has the right to get a free copy of the FIR.
ESSENTIALS FIR (FIRST INFORMATION Report) COMPLAINT FROM
THE POLICE
PURPOSE It refers to the plaintiff's or any A police case is an
other person with knowledge of the application to the
cognizable offence filing a report judge that involves
with the police. a charge of
committing a
crime.
INSTRUCTIONS There is a format that must be There is no such
followed. thing as a standard
format.
MADE TO FIT Officer of the law magistrate for the
city of London
THE OFFENSE Only cognizable offences are Offenses are
recorded. recorded
that are both
cognizable and
non-cognizable.
WHO IS Qualified Accused or aggrieved member, or Exceptions apply to
TO SUBMIT? some other such entity some people.
FIR's evidentiary value: Despite the fact that it is not a substantial piece of evidence,
the FIR can be seen in the following ways:
1.Used for the purpose of corroboration.
2. The proof of the individual providing the facts is relevant for contradictory
reasons.
3. As an expression of guilt in the informer's case.
4. To jog the mind of the former.
5. To smear an informant's reputation.
6. To establish the informer's credibility.
7. To determine the identity of the accused and witnesses, as well as to set the spot
time as a relevant evidence.
When is FIR Evidence Considered Substantive?
a. As a dying declaration—when an individual who was deposing over the cause of
his death has passed away.
2. When the wounded person tells the SHO that the accused is hurting him or when
the injuries are occurring in the presence of the SHO.
3. Where the informer who wrote or read the FIR finds it difficult to remember
certain data, but is certain that the details were accurately reflected in the FIR at the
time he wrote or read it.
What if a cop refuses to file a police report?
1. By speaking with the Superintendent of Police or some other interested officer,
the case may be brought to their attention.
2. Complaints should be written and mailed to the Superintendent of Police in
question.
If the officer is pleased with the complaint, he has the choice of either investigating
the case himself or ordering one to be conducted.
3. You can file a private lawsuit with the court that has authority over you.
4. If the police behave in a reckless or discriminatory fashion, one should still go
before the State Human Rights Commission or the National Human Rights
Commission
Lalita Kumari v. Uttar Pradesh Government
Citation: 2 SCC 1 (2014)
P Sathasivam, B.S. Chauhan, Ranjana Prakash Desai, Ranjan Gogoi, S.A. Bobde, P
Sathasivam, B.S. Chauhan, Ranjana Prakash Desai, Ranjan Gogoi, S.A. Bobde, P
Sathasivam, B.S
Factual information
The following are the facts of the case: Lalita Kumari filed this writ petition through
her father for the issuance of a writ of Habeas Corpus for the safety of his abducted
daughter.
The complainant presented a written letter to the officer-in-charge of the police
station on May 11, 2008, but the so-called authorities took no action.
As a result, the Superintendent of Police was contacted for a FIR, which he
subsequently filed.
to find the abducted daughter or arrest the perpetrator
Problem:
The key question before the court was whether a police officer is required to file a
FIR upon obtaining any information pertaining to the committing of a cognizable
offence under section 154 of the Code of Criminal Procedure, 1973, or whether the
police officer has the authority to perform a formal investigation in order to test the
veracity of such information before reporting it.
Ratio is a term that refers to the ratio of two numbers.
The FIR is an important and indispensable document of our country's criminal
justice system, and its primary goal, from the perspective of the informant, is to set
the criminal law in motion to gather evidence about the suspected criminal conduct
so that the investigating agencies can take appropriate measures to track down and
prosecute the guilty.
The key legislative purpose of Section 139 of the Code of Criminal Procedure, 1861,
and Section 154 of the Code of Criminal Procedure, 1882, is to ensure that FIRs are
automatically recorded in the event of a cognizable offence without a formal
investigation.
The key legislative purpose of Section 139 of the Code of Criminal Procedure, 1861,
and Section 154 of the Code of Criminal Procedure, 1882, is to ensure that FIRs are
automatically recorded in the event of a cognizable offence without a formal
investigation.
Reading sections 154 and 156 of the Criminal Code of 1898 together reveals that an
inquiry begins with the police officer writing down the first facts about the
commission of a cognizable offence and entering it into the book prescribed by the
Provincial Government for the same reason.
The existence of records exposing a cognizable offence is a sine qua non
requirement for filing a FIR under Section 154 of the Code.
In cases of cognizable offences, the police are required to file a FIR and conduct an
investigation in the manner specified under section 157 of the Code.
Furthermore, a FIR book, also known as a FIR Register, is a book in which a FIR must
be registered.
In addition, the gist of the FIR or the content of the FIR must be written down in the
General Diary at the same time, as required by the applicable State Provisions and
the respective Police Act or Rules.
Whether there is some ambiguity or discrepancy between the rules of Section 154
of the Code and Section 44 of the Police Act 1861 on whether the FIR is to be
registered,
The provisions of section 154 of the code will prevail in the FIR book or the General
Diary, and the FIR will be registered in the FIR book as required by section 154 of
the code.
Furthermore, the reasonableness or authenticity of the said facts is not a
prerequisite precedent for the registration of a lawsuit, according to section 154(1)
of the
code. Furthermore, the reasonableness or authenticity of the said facts is not a
prerequisite precedent for the registration of a lawsuit, according to section 154(1)
of
the code.
The only condition of section 154 of the Code is that the documentation must
reveal the commission of a cognizable offence, which is necessary to initiate the
prosecution process.
As a result, undertaking an investigation into an offence after the filing of a FIR
under Section 154 of the Code is the legal practise, and also in accordance with
Article 21 of the Constitution.
As a result, once the FIR is filed, the accused's right under Article 21 of the
Constitution is secured. After that, the investigation is carried out in compliance
with the law's provisions.
The benefit of requiring FIR registration is that it ensures not only accountability in
the criminal justice system, but also judicial scrutiny.
The term "immediately" is included in Section 157(1). As a result, any information
obtained under section 154(1) or otherwise must be properly reported to the
magistrate.
There is also a slew of other legitimate arguments for the FIR's mandatory
registration.
Although filing a FIR is required, it is not required that the accused be arrested
immediately after filing the FIR.
The law distinguishes between the filing of a complaint and the detention of a
suspect, and there are many protections against arrest.
Despite the fact that section 154 of the code mandates the filing of FIRs upon
receipt of all cognizable offences, there are a few cases where a formal
investigation might be requested before filing a FIR.
Allegations of medical malpractice on the part of a doctor, unethical practices on
the part of a civil official, and similar allegations are seen as an exception to the
general law.
The following are Supreme Court Decisions that must be observed in the
registration of a FIR:
I)If the information reveals the commission of a cognizable offence, it is obligatory
to file a FIR under Section 154 of the Code, and no preliminary investigation is
permitted in such a case.
(ii) If the information obtained does not reveal a cognizable offence but suggests
the need for an investigation, a formal review can be undertaken solely to
determine
if a cognizable offence has been revealed.
If the investigation reveals the commission of a cognizable offence, a FIR must be
filed.
In cases where the preliminary investigation results in the complaint being closed, a
copy of the entry of such termination must be sent to the first informant as soon
as possible, but no longer than one week.
The reasons for the case being closed and not being pursued further must be
revealed and reported briefly.
(iv)If a cognizable offence has been committed and is thus disclosed, no police
officer can escape his obligation of registering the offence.
Errant officers who fail to file a FIR in the case of cognizable offences must face
severe consequences.
(v) The aim of the preliminary investigation is to determine if the evidence indicates
any criminal offence, not to check the accuracy of the information obtained.
(vi) The following are the types of cases in which a preliminary investigation can be
conducted:
Cases of Matrimonial Disputes (a) Cases of Marital Disputes (b)
b) Matters relating to commercial offences
Cases concerning medical malpractice.
d) Lawsuits of corruption
(e) Cases with unusually long delays in pursuing criminal prosecution, such as
where more than three months have elapsed.
The criteria mentioned above are not exhaustive.
(vii)A preliminary investigation should be time-limited, not exceeding 7 days in any
event, thus maintaining and protecting the integrity of the investigation.
(vii)A preliminary investigation should be time-limited, not exceeding 7 days in
either event, thus maintaining and securing the interests of both the victim and the
complainant.
Every explanation for the delay, whether it is a fact or a theory, must be
documented in the General Diary entry.
(viii) Since the General Diary/Station Diary/Daily Diary is the record of all evidence
obtained in a police station, all information pertaining to cognizable offences,
whether resulting in the registration of a FIR or contributing to an investigation,
must be meticulously reflected in the diary, even if it is a preliminary inquiry, as
ordered by the Supreme Court.
