PROJECT

ON
FIRST INFORMATION REPORT
(F.I.R)

SUBMITTED TO: SUBMITTED BY:

MR. TUSHAR VED SAXENA AISHWARYA JETHLIYA

FACULTY A11911115142

BA L.L.B (H) SEC-F

SEM-5TH

ALS NOIDA
 ACKNOWLEDGEMENT
I would like to express my special thanks of gratitude to my subject
teacher (MR.TUSHAR VED SAXENA) as well as my Director who
gave the opportunity to do this kind of project; on the topic of my choice
that is based on FIRST INFORMATION REPORT.
The Completion of this project also helped me to understand the basic
concept of F.I.R AND CR.P.C and gave a crystal clear view of the
concerned topic.

Thanking you,
AISHWARYA JETHLIYA
 CONTENTS
1.F.I.R-Introduction
2.Cognizable offences
3.Power of police as per provision of Cr.P.C
4.Format as well as Samle of F.I.R
 WHAT IS F.I.R?
A First Information Report (FIR) is a written document prepared
by police organizations in Bangladesh, India, and Pakistan when they
receive information about the commission of a cognizable offence, or
in Singapore when the police receives information about any criminal
offence.
It is generally a complaint lodged with the police by the victim of a
cognizable offense or by someone on his or her behalf, but anyone can
make such a report either orally or in writing to the police.
For a non cognizable offense a Community Service Register is created &
registered.
FIR is an important document because it sets the process of criminal
justice in motion.
It is only after the FIR is registered in the police station that the police
take up investigation of the case. Anyone who knows about the
commission of a cognizable offence, including police officers, can file
an FIR.

As described in law,

 When information about the commission of a cognizable offence is

given orally, the police must write it down.
 The person giving information or making a complaint has a right to
demand that the information recorded by the police be read to him or
her.
 Once the information has been recorded by the police, it must be
signed by the person giving the information.
 What is the purpose and an objective of an
F.I.R ?

The purpose of registration of FIR is manifold that is to say

(1) To reduce the substance of information disclosing commission of a
cognizable offence, if given orally, into writing.
(2) If given in writing to have it signed by the complainant.
(3) To maintain record of receipt of information as regards commission
of cognizable offences.
(4) To initiate investigation on receipt of information as regards
commission of cognizable offence.
(5) To inform Magistrate forthwith of the factum of the information
received

Why is FIR Needed?

An FIR is a very important document against a cognizable offence as it
sets the process of criminal justice in motion.
It is only after the FIR is registered in the police station that the police
take up investigation of the case.

Who can lodge an FIR?

Any person who is a victim of any cognizable offence or who is a
witness to any such offence or who has knowledge about the
commission of any such offence can lodge an F.I.R.
 You can file FIR If:
 You are the person against whom the offence has been committed.
 You know yourself about an offence which has been committed.
 You have seen the offence being committed.

Where to file FIR?

The FIR could be filed to the nearest police station from the place of
occurrence of the crime.
If you do not know where the police station is located, the FIR could be
filed in any of the police station through out the country.

What is the procedure of the FIR?

The procedure of filing an FIR is prescribed in Section 154 of the

Criminal Procedure Code, 1973.
When information about the commission of a cognizable offence is
given orally, the police must write it down.
As per section 154 of the criminal procedure code of 1973:-

 If you are verbally filing the FIR, the police will have to record
this.
 It is within your rights to know how the police have recorded the
information given by you after registering the complaint.
 Your signature is essential on the FIR after its registration.
 But never put your signature without reading the full contents of
the report.
 Examine carefully whether everything is written in exactly the
same manner as detailed by you.
 Illiterate may put in the imprint of his opposite thumb.
 Always keep one copy of the FIR with you. You can demand it
from the police.
 This is matter of your right. You don’t have to pay a paisa for this
to the police.

What are the essentials of F.I.R?

 Your name and full address

 With what status/capacity are you filing the FIR?
 His name with whom the incidence has happened.
 Date, time and place of the incident happened.
 Eye witnessed details of the incident happened.
 Names with full descriptions and details of the persons involved in
the incident if known.
 Details f the items stolen and its costs.
 Information about eye witness if there be any.
 Any proof left behind by the accused criminal.
 Medical certificate would have to be produced in case of injuries
on body.
 This certificate should be obtained from the same hospital where
the treatment has been gotten.
  It is a crime to tell the truth by turning, twisting and twirling it or
keep on changing the statements over and over again.
 When the Magistrate feels the statement of the complainant to be
half baked enough not suitable for further investigations, he sets
aside the case and keeps a brief record of it.

What when the police refuses to file the FIR?

When the officer doesn’t record your FIR, you can complain to the
district superintendent of police straight away along side complaining
against the officer in question. Send the complaint in writing through the
registered post.

 Meet the SP individually or the DIG, ADG, DGP until your

grievance gets addressed.
 The complaint could be filed in the court where the hearing is to be
held.
 If the police does not take appropriate steps or try to harass you,
you can knock the doors of State Human Rights Commission or
the National Human Rights Commission.
 Complaint would be registered on the above mentioned places as
well.
 Force the police to give statement under section161 of the CrPC.
 FIR could be changed

After getting the FIR written, and before the submission of the charge
sheet, changes could be effected into it.
The case could be made much stronger by adding new sections to it.

FIR within how much of times?

There is no certain time limit fixed for filing of FIRS. Even then it
would be better to file it within a few hours of the happening of the
incident otherwise it will tell upon the credibility of the case.

Written FIR not necessary

It is not necessary to register FIR of the happened incident in writing.

This could be done verbally too.
This is done through phones too. But it should be given in writing
afterwards as per section -154 of CrPC.
Once the FIR is registered cannot be changed. Only the Supreme Court
can annual the charge sheet.
 In which circumstances the police may not
investigate a complaint even if you file an
FIR?

Sometimes the police will not investigate a complaint even if you have
already filed an FIR

 The case is not serious in nature

 The police feel that there is not enough ground to investigate.
 However, the police must record the reasons for not conducting an
investigation and in the latter case must also inform you.

— [Section 157, Criminal Procedure Code, 1973]

What about F.I.R on telephone or telegram?

Legally a case may not be registered as...

(a) as there is always a doubt about its authenticity

(b) as it does not satisfy the tests of Section 154 Criminal

Procedure Code being not an oral statement reduced into writing;
read over, admitted correct and signed by the informer.
 Message to the police on telephone that an injured person was
lying amount to FIR (Sukharam Vs. State of Maharashtra (1969)
3 SCC, 730.

On receipt of telegram in railways case may be registered.

Normally enquiry should be made and on receipt of an original
telegram which contains the thumb impression or signatures,
case may be registered.

Officer incharge should begin to write FIR in the First

Information Report Register at the dictation of the informer.
According to para 24.5 Punjab Police Rules, the register shall be
a printed book consisting of 200 pages and shall be completely
filled in before a new one is started.
Cases shall bear annual serial number in such Police Station for
each calendar year.
Every four pages of the register shall be numbered with the same
number and shall be written at the same time by carbon copying
process.
The original copy shall be a permanent record of Police Station.
The other three copies shall be submitted to
(a) Superintendent of Police or Deputy Commisioner of Police
or other Gazetted Officer nominated by him
(b) to the Metropolitan Magistrate empowered to take cognizance
of the offence as is required by Sec. 157 Criminal Procedure
Code.
(c) one to the complainant. The seal of the Police Station shall be
put on every copy and original.

If an informer refuses to sign the F. I. R. he is guilty of offence u

/ s 1 80 Indian Penal Code which is as follows..-

'Whoever refuse to sign on any statement made by him, when

required to sign that statement by a public servant, legally
competent to require that he shall sign that statement, shall be
punished with simple imprisontment for a term which may
extend to three months, or with fine which may extend to five
hundred rupees, or with both".

What if we delay in lodging F.I.R.

The longer the delay, the stronger the suspicion. That the case is
false wholly or in material particulars, so the delay should
satisfactorily be explained.

(1) Care should always be taken that the names of witnesses are
mentioned in F.I.R. if the names of P.Ws do not appear in it and
they are examined later on, the presumption is that they were not
present at the spot and have been procured later on.

(2) Care should be taken that all the material facts are mentioned
in FIR(as much available at that time).

(3) Names of the accused persons should occur in F.I,R. and their
parts also. (If information is available at that time).

(4) It is not necessary to put up or cite all the P.Ws. in court.

What after FIR?

After the filing of the FIR, the police begin its investigations and the
charge sheet is submitted within 90 days and the trial begins within 6
months.
After 6 months, if you feel your case is running slow, you can approach
the regional court to file your complaint.

F.I.Rs in different offences

In conspiracy cases, a definite information which justifies

registration of case, is fairely after making some enquiries.

So it is not on every information that some persons are

conspiring to do an illegal act that an F.I.R. should be registered.
"A police man passes through three stages in conspiracy case;
hears something of interest affecting the public security and
which puts him on the alert; makes discreet enquiries, takes
soundings and sets up informations and is in the second stage of
enquiry or look out and finally gathers sufficient information
enabling him to hit upon something definite and that is the state
when first information is recorded and then investigation starts.
Hence a preliminary enquiry made by the C.I.D. Police into
relative information floating about as to the existence of the
conspiracy, the names and other details of the conspirators not
being known at the time is not investigation carried out u/s 156
Cr.P.C.

F.I.R. need only be registered when information is definite about

conspirators and their acts disclosing commission of cognizable
offence.

F.I.R. IN CORRUPTION CASES

In cases of corruption, not registered on traps laid, but on

complaints, always a suitable preliminary enquiry into the
allegation, is required. Such preliminary enquiries are relevant
before the registration of case and are permissible under law. But
as soon as it became clear to enquiring officer that the public
servant appeared to be guilty of severe misconduct, it was his
duty to lodge F.I.R. and proceed further in the investigation.

F.I.R. IN MURDER CASES

In murder cases, following types of F.I.R.'s are recorded by

police.

i) When it contains direct evidence of murder on the basis of

ocular evidence.

ii) When the Police registers the case minimizing the offence
from murder to 307 or u/s 364 IPC to avoid its despatch to
magistrate which otherwise is essential if case is really registered
for murder. This is invariably in those cases in which the
informer is not sure of the culprits and priliminary enquiry is
required by Police to find out the facts and to show that the case
was registered properly.

iii) When a dead body identified or unidentified is recovered,

with cause of death which is clear and the injuries are apparent
the neck is cut etc.

iv) When only inquest is held to discover the cause of death and
the case is registered after the report of Medical Officer, or after
the receipt of report of chemical examiner etc with re- gard to
poison given to the deceased. Only a report is recorded in Daily
Diary at the first instance.

(v) When the death is under suspicious circumstances and inves-

tigation is necessary which otherwise cannot be done without the
registration of case. This is mainly in cases where dead body is
not available, but the circumstances indicate that cognizable
offence has occurred.

Evidentiary value of F.I.R

FIR being not substantive piece of evidence it can be used in the

following ways : -

1. For corroboration purposes. It can not be ignored altogether

and can be used to corroborate the statement of the eyewitnesses.

2. For contradicting the evidence of person giving the

information.

3. For proving as an admission against the informer.

4. For refreshing informer's memory.

5. For impeaching the credit of an informer.

6. For proving informer's conduct.

7. For establishing identity of accused, witnesses & for fixing

spot time as relevant facts u/s 9 Evidence Act. Cases : 1968 M.P.
45.
In other words;
FIR is not a piece of substantive evidence. It can be used only for limited
purposes, like corroborating under section 157 of the Evidence Act or
contradicting (cross-examination under section 145 of Evidence Act) the
maker thereof, or to show that the implication of the accused was not an
after-thought. It can also be used under section 8 and section 11 of the
Evidence Act.
Obviously, the FIR cannot be used for the purposes of corroborating or
contradicting or discrediting any witness other than the one lodging the
FIR. It cannot be used for corroborating the statement of a third party.
If the FIR is of a confessional nature it cannot be proved against the
accused-informant, because according to section 25 of the Evidence Act,
no confession made to a police officer can be proved as against a person
accused of any offence. But it might become relevant under section 8 of
the Evidence Act.

Punishments for Giving False F.I.R.:

Punishment for giving false information to the Police is dealt with by

Sections 182, 203 and 211 of the I.P.C. Even if such information is not
reduced to writing under S. 154, the person giving the false information
may nevertheless be punished for preferring a false charge under S. 211
of the I.P.C.

A Police Officer refusing to enter in the Diary a report made to him

about the commission of an offence, and instead making an entry which
is totally different from the information given, would be guilty under S.
177 of the I.P.C.
 Cognizable Offences
Cognizable Offences have been defined u/s 2(c) of the C.P.C., 1973.
This is the class of offences in which the police has the power to make
an arrest without a warrant. These offences are serious in nature, and
thus the aim is to prevent the culprit or accused of harming others.
Hence, the police have been given authority to make an arrest without a
warrant so that precious time involved in all the legal procedures of
issuing a warrant is saved.

What offences fall under the category of cognizable offences has been
specified in the first schedule of the Code of Criminal Procedure, 1973.
Though there is no pre-defined pattern of classification of offences into
cognizable and non-cognizable offences but on a study, it can be seen
that offences having a punishment of more than three years are classified
as cognizable offences and those who have punishment for less than
three years are referred to as non-cognizable offences.

Power of police under Cr.P.C

Section 156 in The Code Of Criminal Procedure, 1973

156. Police officer' s power to investigate cognizable case.
(1) Any officer in charge of a police station may, without the order of a
Magistrate, investigate any cognizable case which a Court having
jurisdiction over the local area within the limits of such station would
have power to inquire into or try under the provisions of Chapter XIII.
(2) No proceeding of a police officer in any such case shall at any stage
be called in question on the ground that the case was one which such
officer was not empowered under this section to investigate.
(3) Any Magistrate empowered under section 190 may order such an
investigation as above- mentioned.

Section 156 (3) states:

Any Magistrate empowered under Section 190 may order such an

investigation as above mentioned.µ

The words `as above mentioned obviously refer to Section 156 (1),
which contemplates investigation by the officer in charge of the Police
Station.

- Section 156(3) provides for a check by the Magistrate on the police

performing its duties under Chapter XII Cr.P.C. In cases where the
Magistrate finds that the police has not done its duty of investigating the
case at all, or has not done it satisfactorily, he can issue a direction to the
police to do the investigation properly, and can monitor the same.

- The power in the Magistrate to order further investigation under

Section 156(3) is an independent power, and does not affect the power
of the investigating officer to further investigate the case even after
submission of his report vide Section 173(8).
Hence the Magistrate can order re-opening of the investigation even
after the police submits the final report, vide State of Bihar vs. A.C.
Saldanna.
- - It was further held that ''Section 156(3) Cr.P.C. is wide enough to
include all such powers in a Magistrate which are necessary for ensuring
a proper investigation, and it includes the power to order registration of
an F.I.R. and of ordering a proper investigation if the Magistrate is
satisfied that a proper investigation has not been done, or is not being
done by the police.
Section 156(3) Cr.P.C., though briefly worded, in our opinion, is very
wide and it will include all such incidental powers as are necessary for
ensuring a proper investigation''.
It was further held that '' It is well-settled that when a power is given to
an authority to do something it includes such incidental or implied
powers which would ensure the proper doing of that thing. In other
words, when any power is expressly granted by the statute, there is
impliedly included in the grant, even without special mention, every
power and every control the denial of which would render the grant
itself ineffective. Thus where an Act confers jurisdiction it impliedly
also grants the power of doing all such acts or employ such means as are
essentially necessary to its execution''.
It was further held that '' The reason for the rule (doctrine of implied
power) is quite apparent. Many matters of minor details are omitted
from legislation. As Crawford observes in his Statutory Construction
(3rd edn. page 267):-

If these details could not be inserted by implication, the drafting of

legislation would be an indeterminable process and the legislative intent
would likely be defeated by a most insignificant omission µ.
In ascertaining a necessary implication, the Court simply determines the
legislative will and makes it effective. What is necessarily implied is as
much part of the statute as if it were specifically written therein''.

- In Savitri vs. Govind Singh Rawat[3] the Hon'ble Supreme Court held
that the power conferred on the Magistrate under Section 125Cr.P.C. to
grant maintenance to the wife implies the power to grant interim
maintenance during the pendency of the proceeding, otherwise she may
starve during this period.
 Proforma for Reporting the First Information
(FIR) of a Cognizable Offence
(Under Section 154 of the Criminal Procedure Code)
An FIR must include the following Items

Police Station.... District....

1. Personal details of the Complainant / Informant:
(a)Name
(b) Father's / Husband's Name
(c) Address
(d) Phone number & Fax
(e) Email
:
2. Place of Occurrence:
a) Distance from the police station
b) Direction from the police station

3. Date and Hour of Occurrence:

4. Offence:
a) Nature of the offence (e.g. murder, theft, rape, etc.)
b) Section(To be decided/written by Office only)
c) Particulars of the property (in case one has got stolen):

5. Description of the accused:

6. Details of witnesses (if any)

7. Complaint: Briefly lay down the facts regarding the incident reported
in an accurate way.

Note: At the end of the complaint, the complainant’s/informant’s

signature or thumb impression should be there.
 Sample FIR
From: Mr. Raj Yadav
(Applicant’s Name),

Mr.Arun Kumar Yadav

(Father’s Name)

House no.B-112,Amrapali village Sector 39,Noida UP

(Applicant’s contact address)

9112341260
(Applicant’s contact mobile number/Phone number)

rajyadav23@gmail.com
Applicant’s e-mail id (If any)

To, Date:3.11.2017
The Police Officer In charge

Address
Sector 39, police station,
Noida UP 201301
(Name ofLocal Police station)

Sub. : Lost of cycle from cycle stand

(mention subject e.g. your lost document/phone name and
Number)
Through, Proctor, AMU, Aligarh

Respected Sir,
I would like to bring the following facts to your kind notice:

My cycle has been stolen from the common cycle stand of

sector-31noida,market,yesterday.Last evening, before I
went to the market, I placed my cycle at the cycle stand and
I locked it too.
My cycle was black and grey in color,112 is the model no.,
Hercules is the brand and it had a full gear case, side
basket and a carrier too. It was a new one, as I had
purchased it a week before only.
When this theft had happened I was busy in buying
vegetables and I asked almost everyone about the cycle,
but no one knew about it and it was all in vain.

I seek your help and request you to kindly register my F.I.R

in the subject matter.

Hope you will do the needful favourably at the earliest.

Thanks and regards

Yours Sincerely
Raj! (Complainant/Informant Signature)
Raj Yadav(Complainant/Informant Name)

Note: You should make 2 copies of the Application.(1 copy

for police station record, 1 copy for your own record)