A first information report (FIR) is a document prepared by police organizations in South Asian and Southeast Asian countries including Myanmar, India, Bangladesh, and Pakistan when they receive information about the commission of a cognizable offense, or in Singapore when the police receive information about any criminal offense. It generally stems from a complaint lodged with the police by the victim of a cognizable offense or by someone on their behalf, but anyone can make such a report either orally or in writing to the police, so it is necessary to know about cognizable offenses. These are serious criminal offenses that pose an immediate danger to society such as murder, rape, or robbery.
Position Under Indian statutes
The term “initial information reporting” is not defined in the Indian Code of Criminal Procedure. Instead, the term is used only in Section 207, and the Justice of the Peace must provide the defendant with a copy of the Preliminary Information Report recorded under Section 154 (1) of the Code. The first report recorded by the police for a committee of recognizable cases is the first information report to provide information on recognizable criminal offenses.
It can be defined as:
This is information provided to police officers. The information should be related to a recognizable crime. This is the first information reported at any given time. An obvious crime victim or someone on his / her behalf provides information and reports to the police. This is the information on which the investigation begins. FIR must be in writing. Rajasthan v. Shiv Singh of the Rajasthan Supreme Court defined the first intelligence report as “the author’s testimony to the police officers of the police station and recorded in the manner provided by the provisions of the Code.”
Subject
The main purpose of submitting F.I.R. is to move the criminal law. We also want to investigate the crimes committed by police officers and collect as much evidence as possible.
FIR Various Themes of
Notifying district judges and captains of the police responsible for the peace and security of the district about crimes reported to the police station. Inform the judiciary and the judiciary that the case is finally heard of the facts and scenarios revealed after the crime occurred immediately. To protect and protect the accused from subsequent additions or changes. Basic conditions of F.I.R.
Monimohan vs. The emperor is FIR Is:
It must be informed. It must be done in writing. If given in writing, this should be omitted in writing by the relevant police officer. The main act or crime must not follow the main act and must be identifiable by its nature. Fir. You must have the nature of a complaint or prosecution aimed at enforcing the law. Information when it can be recognized [p.154]
The information received u / s 154 is called FIR, so it is important to know the rules regarding the procedure for collecting information when identifiable u / s / 154. The police station, which must be dated by the affected police officer, is shortened in writing. Next, it must be read by the informant and then signed by the informant. The information thus obtained must be recorded in a book approved by the state government. A copy of the recorded information must be provided free of charge to the whistleblower. If the officer refuses to record the information, he or she may send this information. Victims can send the content of this information to police chiefs and police chiefs if they are satisfied with committing an identifiable crime. Investigate the case yourself or carry out an investigation order by a subordinate police officer. This police officer exercises all the powers of the police officer in charge of the police station in case of the crime in question. If any of the violations under Sections 326-A, 326B, 354, 354A to 354D, 376, 376A to 376E, or 509 IPC were committed or provided by a woman who was attempted, this statement will be made by police. It will be recorded. A cop or another cop. Did you take into account what information is available in F.I.R.?
Only information related to committing a recognizable crime can be specified as FIR. The information does not have to contain all the details of the case. You do not have to specify the accused’s name either. All that is required is that they must disclose information about the perceived criminal offenses they commit.
Information received in the following cases is not considered FIR.
Information was received after the survey began. Telephone inquiries are provided by a known person who reveals their identity, and such messages will be processed by SHO unless the message contains all the necessary facts that make up the crime. ..
Information about a gathering of just a few people. Uncertain and ambiguous unauthorized information. Evidence of FIR.
FIR is not substantive evidence. In other words, it cannot be regarded as evidence of the facts contained therein. However, FIR can be used for the following purposes:
Can be used to prove the witness of the informant under U / s157 of the Evidence Act. However, it cannot be used to conflict with other witnesses or damage their credibility. This can be used to contradict the information witnesses under U / s145 of the Evidence Act. FIR can be used by the defense to indicate the creditworthiness of the manufacturer in accordance with Section 2. Evidence Law 155 (3). The non-dedicated FIR issued by the defendant can be used as approval for him under Article 21 of the Evidence Act. FIR can be used as definitive evidence of a presumption of death if it relates to the cause or opportunity that led to the death of the informant, or the circumstances or facts. Within the meaning of Article 32 (1) of the Evidence Law.
If the defendant submits the FIR himself, he cannot be a witness to the prosecution and rarely be a defense counsel under Article 315 of the Code and cannot be used for confirmation or opposition. Delayed submission of
FIR
FIR Early Submission Subject With a view to committing a crime, we will immediately obtain and receive new information from the police regarding the situations and facts that may lead to the committing of the crime. FIR is of better confirmation value if the informant’s memory fades and is recorded and recorded before the facts begin to be forgotten. Therefore, if there is a delay in submitting the FIR and the delay is inappropriate and unexplained, there may be room for suspicion or prosecution to introduce a forged story. It is the prosecution’s duty to explain the delay in submitting the FIR. If well explained, you will not lose that estimate. However, delaying the submission of the FIR is not fatal to the prosecution.
Raghbir Singh v Haryana State is FIR found that there was a reasonable and valid explanation for the delay in submission. Delayed submission of FIR in case of
Rape
In the case of rape and other sexual crimes, it affects not only the victim but also the victim’s family. Often, because of shame and honor, they do not call the police immediately. As a result, the court has repeatedly ruled that delays in sexual assault cases cannot be equated with other criminal offense cases.
Harpal Singh v Himachal Pradesh State said, “The 10-day delay in submitting the first information report is for the prosecutor to decide whether it is a matter of family honor and members should bring the matter to court. Will be properly explained when you need the time. “ .. Related decisions by FIR
In accordance with Article 157 of the Indian Evidence Act, previous statements relating to the same facts can be proved. The former declaration can be made in writing or verbally. You can also attach the books of witnesses. The purpose of this section is to acknowledge the remarks made when the witness’s spirit is still very relevant to the event and there is a good chance that the explanation he gave is correct or correct. .. Article 145 of the Evidence Act provides for one of the issues that can challenge the creditworthiness of witnesses. The purpose is to test the witness’s memory or to testify in advance to make it inconsistent in writing with the witness. Witness testimony in FIR can be used for this purpose, but the witness can only be inconsistent with his own previous testimony and cannot be inconsistent with the testimony of other witnesses. Section 8 of the Evidence Act stipulates that the guilty spirit produces guilty behavior. The behavior of the offender is always relevant and is shown in Section 8 figures (j) and (k). Actions here include actions of both the accused and the victim. Non-denominational behavior on the part of the accused can be based on Article 8 and is allowed to remain under Article 21 of the Evidence Act. FIR can also be used to interrogate and inconsistent informants. However, it should not be used to identify or refute any witness other than the witness who submitted the FIR. Conclusion
FIR is the first step in a criminal procedure, leading to criminal proceedings and punishment. It is also the main supporting evidence that the overall structure of the indictment is being constructed. As correctly stated in the Mohanlal case vs. Uttar Pradesh, FIR is the Bible of the case introduced in a public report.
References
Code of Criminal Procedure, 1973
Indian Evidence Law, 1872
RV Kelker’s criminal case