FIRST INFORMATION REPORT

A criminal case begins from the filing of a First Information

Report (FIR). It is the first stage in criminal proceedings. Information
recorded under section 154 of CrPC is commonly known as FIR. It is the
first recorded version of an occurrence relating to a cognizable offence but
it may not contain all the detailed facts of an occurrence. FIR is not
substantive evidence; it can be used for the purpose of corroborating, or
contradicting the maker. . The FIR can in no means be utilised for
contradicting or discrediting other witnesses. The main purpose of filing a
F.I.R is to make a complaint to the police so as to set the criminal law in
motion. Its secondary though equally important object is to obtain early
information of an alleged criminal activity.
FIR is a presumed document, i.e. whenever there is a FIR, its not
considered genuine. More over FIR does not fall into the category of
privileged document. It can be used to support or to contradict any
witness or accused.
The word "information" means something in the nature of a complaint or
accusation, or at least information of a crime, given with the object of
putting the police in motion in order to investigate, as distinguished from
information obtained by the police when actively investigating a crime.
In determining whether a report is or is not a FIR, regard should be had to
the following:1. It should not be vague or indefinite but any information of facts
showing commission of a cognizable offence enabling the police or
giving scent to take up investigation.
2. It may be given by any one, not necessarily the person aggrieved or
by someone on his behalf.
3. It need not name any one as offender or witness; nor need it state
the circumstances of the commission of the crime. It is the first
information, which sets the police in motion.
4. No duration of time is fixed as reasonable for giving information to
the police. Mere delay, therefore, in lodging the FIR is not
necessarily, as a matter of law, fatal to the prosecution.

SECTION 154 OF CrPC:

As per section 154, every information relating to the commission of
cognizable offence, if given orally to officer in charge, shall be recorded by
him in writing and should be read over to the informant and every such
information whether given in writing or recorded to writing, shall be

signed by the person giving it, and substance thereof shall be entered in a
book. In such form as prescribed by the state government.

154: Information in cognizable cases:

1 Every information relating to a cognizable offence, if given orally to
an officer in charge of a police station, shall be reduced to writing by
him or under his direction, and be read over to the informant; and
every such information, whether given in writhing or reduced to
writing as aforesaid, shall be signed by the person giving it, and the
substance thereof shall be entered in a book to be kept by such
officer in such form as the state government may prescribe in this
behalf:
Provided that if the information is given by the woman against whom
an offence under section 326A, section 326B, section 354, section
354A, section 354B, section 354C, section 354D, section 376, section
376A, section 376B, section 376C, section 376D, section 376E or
section 509 of the Indian Penal Code (45 of 1860) is alleged to have
been committed or attempted, then such information shall be
recorded, by a woman police officer or any woman officer.
2 A copy of the information as recorded under sub-section (1) shall be
given forthwith, free of cost, to the informant.
3 Any person, aggrieved by a refusal on the part of an officer in charge
of a police station to record the information referred to in sub-section
(1) may send the substance of such information, in writing and by
post, to the Superintendent of Police concerned who, if satisfied that
such information discloses the commission of a cognizable offence
shall either investigate the case himself or direct an investigation to
be made by any police officer subordinate to him, in the manner
provided by this Code, and such officer shall have all the powers of
an officer in charge of the police station in relation to that offence.