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First Information Report: FIR

First Information Report of a Crime in Criminal Law

Introduction:

The First Information Report is very important written document prepared by the Police.

When FIR is registered in the police station then the police start investigation of the case. The primary purpose of FIR is to inform about the commission of a cognizable offence which a police officer is empowered to investigate under section 156 of Criminal procedure code. First Information Report was not meant to decide the guilt or innocence but to activate the law enforcing agencies to immediately move for collection/preservation of evidence.


RELEVANT PROVISIONS:

Section 154 of Criminal procedure code.

Cross Reference:

  • Article 199 of the Constitution of Pakistan 1973.“
  • Criminal law (Amendment) (Offences Relating to Rape) Act,2016. 

MEANING OF FIRST INFORMATION REPORT:

The Term FIR has not been defined in the Criminal procedure code, so it may be taken in its general sense. “Every information relating to the commission of a cognizable offence which is given first in point of time and on which the investigation is commenced by the police is termed as FIR.”

FIR in Criminal Procedure Code

DEFINITION OF FIR:

FIR may be defined as “The Information given to a police officer, reduced into writing as required by Section 154 is known as the “First Information Report.

Explanation:

Section 154 Criminal procedure code deals with the recording of information of cognizable cases and ordains that every information relating to the commission of cognizable offence, given to the in-charge of a police station, shall be reduced into writing by him and substance entered in a book to be kept in such form as prescribed by the Provincial Government. FIR is such a report which is given to the police first In point of time on the basis of which the investigation commences. It is a document of considerable importance, the object being to show on what material the investigation commenced and what was the story then told.

OBJECT OF FIR:

The primary object of FIR. is to inform about the commission of a cognizable offence which a police officer is competent/empower to investigate the case. The secondary object of First Information Report is to obtain first hand information at the earliest stage of alleged criminal activity to record the circumstances before they are forgotten or embellished. The object of First Information Report is of two folds: 

  • (i) From the point of view of information its object is to set the criminal law in motion, and
  • (ii) Form the point of view of Investigation, it's to collect the evidence for tracing and  bringing the culprits to justice. 
  • (iii) Object of  registration of FIR , apart from setting law into motion, is to provide base for carrying out investigation in the right direction.

Purpose of FIR was to set criminal law in motion and to obtain First hand spontaneous information of occurrence in order to exclude possibility of fabrication of story or consultation or deliberation to devise or contrive anything to the advantage
First Information Report would be considered as a corner stone of the prosecution case unless it was shown that on account of some mala fide intention a wrong version of the complainant was recorded by the Investigating Agency with a view to allow the real culprits to go escort free [2020  PCrLJN  94]

INFORMATION IN COGNIZABLE CASES:

Every information relating to the commission of a Cognizable offence If given orally to an Officer In-charge of a police-station, shall be reduced into to writing by him or under his direction, and be read over to the informant, and every such information, whether given in writing or reduced to writing as aforesaid shall be signed by the person giving it, and the substance thereof shall be entered in a book be kept by such officer. FIR under S.154, Cr.P.C. could only be recorded for Cognizable offence and not otherwise.

MODES OF RECORDING OF FIR:

Information relating to the commission of a cognizable offence may be in the following two form: 
  • (i) Oral Information and
  • (ii) Written Information

Oral information:

information relating to the commission of an offence if given orally to an office in charge of a police station (S.H.O.), then it must be
  • (a) reduced in writing
  • (b) read over to the informant
  • (c) signed by the informant 
  • (d) entered in its substance in a prescribed book

Written Information: 

if the information given is in the written form, than it must be;
  • (a) signed by the informant. 
  • (b) entered in its substance in a prescribed book

WHO MAY LODGE FIR:

FIR can be lodged by any citizen whether he has got interest in the matter or not. The right to report the violation of law belongs, unless expressly restricted, to every member of public including a Magistrate.
First Information Report under S. 154 , Cr.P.C. can be registered by an informant about any occurrence and necessarily he may not be an aggrieved person.

WHEN FIR MAY BE RECORDED:

FIR is registered after determination by S.H.O about the commission of cognizable offence. Such determination may be anchored on evaluation of facts stated in report, reviewing of circumstances attending the case and intelligence relating to alleged commission of cognizable offence.

EFFECT OF REGISTRATION OF FIR 

Registration of case does not mean that persons against whom allegations are leveled in FIR are in fact guilty of the offences. FIR is neither a substantive piece of evidence nor an exhaustive document but may be used to support or contradict the evidence of the person who gave the information.
An FIR is not in the nature of a formal charge. It is the statement of facts concerning the occurrence made soon after thereby considerably reducing the opportunity for successful fabrication oy improvement. It is not a detailed version of the prosecution case. It is never intended or considered to be a document describing the minor or incidental details of the incident in question.

DUTY OF INVESTIGATION OFFICER:

Investigation of a case was not to be restricted to the version of the incident narrated in the FIR or the allegations leveled therein; Investigation should not be driven by any duty to establish that the story of the incident contained in the FIR was correct.

Investigating officer was not to be guided or controlled by the contents of the FIR. If the information received by the local police about commission of a cognizable offence also contained a version as to how the relevant offence was committed, by whom it was committed and in which background it was committed then that version of the incident was only the version of the informant and nothing more and such version was not to be unreservedly accepted by the investigating officer as the truth or the whole truth.

On the contrary, after registration of the FIR the investigating officer was to embark upon an exercise to discover the actuality of the matter irrespective of the version of the incident narrated by the FIR informant through the FIR and in the process he was expected to collect information from any number of person s who appeared to him to be acquainted with the circumstances of the case and he may entertain any fresh information becoming available from any other source regarding how the offence was committed and by whom it was committed and he may arrive at his own conclusions in such regard Final report to be submitted under S.173, Cr.P.C. was to be based upon his final opinion and such opinion was not to be guided by what the FIR had stated or alleged in the FIR.

EVIDENTIARY VALUE OF FIR:

First Information Report was neither a detail document nor a substantive piece unless its contents were affirmed on oath and the maker thereof was subjected to the test of cross-examination of evidence but it can be used for some other purposes like while considering the question of grant of bail, the Court generally refers to the FIR in order to find out whether the accused was nominated in the FIR and if so, what overt act was attributed to him in respect of the alleged crime. FIR constituted corroborative evidence and its corroborative value was attached with the probative value of its maker. [2016 PLD 17 SUPREME-COURT]

DYING DECLARATION AS FIR:

F.I.R. although is not a substantive piece of evidence, yet when it can be treated as a Dying declaration or res gestae it becomes relevant as well as admissible evidence.

OBLIGATION OF POLICE TO RECORD FIR

Requirement of law is that, police officer has to record FIR mandatory in a cognizable case and refusal to register it is out of question.

REMEDY AGAINST REFUSAL TO RECORD FIR

Where the police authorities refuse to register a case of a cognizable offence, than the person aggrieved may either file a petition u/sec 22-A, 22-B Criminal procedure code before the Justice of Peace for issuing of direction against the concerned authorities to register a case or move the High Court in its constitutional jurisdiction.

CONTENTS OF FIR

Following are main contents of FIR
  • (i) Serial number
  • (ii) Police satiation
  • (iii) “Date, time and place of commission of offence.
  • (iv) Date of recording of FIR:
  • Name and address of complainant
  • (v) Distance of place of commission of offence from police station
  • (Vi) Signature or thumb of the complainant 
  • (Vii) signature of person who recorded FIR.

REGISTRATION OF SECOND FIR Case Laws:

Second FIR cannot be lodged regarding the same occurrence, and in case of counter version Supreme Court Held in  Mst. SUGHRAN BIBI Case, reported as [PLD 2018 Supreme Court 595] 

"After entering the first information relating to commission of a cognizable offence in the prescribed book, i.e. after registration of an FIR the matter became a "case", and thereafter every step taken in the ensuing investigation was a step taken in that case
Perusal of Rule. 24.5 of the Police Rules, 1934 showed that commission of a cognizable offence, when reported to the police through the first information and registered in the FIR register, was treated as a "case" bearing an annual serial number and such "case" carried the same number for ever irrespective of any number of different versions received by the police regarding commission of the said offence or any number of different circumstances or sets of culprits brought to the notice of the investigating officer during the investigation of the "case"
During the investigation conducted after registration of an FIR the investigating officer may record any number of versions of the same incident brought to his notice by different persons which versions were to be recorded by him under S. 161, Cr.P.C. in the same case
No separate FIR was to be recorded for any new version of the same incident brought to the notice of the investigating officer during the investigation of the case.

All subsequent or divergent versions of the same occurrence or the persons involved therein were to be received, recorded and investigated by the investigating officer in the same "case" which was based upon the one and only FIR registered in respect of the relevant "offence" in the prescribed book kept at the local police station".

QUASHMENT/ CANCELLATION OF FIR:

Where FIR was found to have been recorded with malafide intention and just to frustrate the Proceeding, it can be quashed by the High Court under section 561-A Criminal procedure code.
Instances where FIR can be quashed:
  • (i) Lawful marriage between adults.
  • (ii) Matter of civil nature.
  • (iii) Evidence not sufficient.

IMPORTANCE OF FIR IN CRIMINAL LAW:

FIR is a most import document in a criminal case which furnishes the clue of the possible truth of allegation against the accused and also causes a firm impression of prosecution case. It has greatest value and must be held to militate against any contrary or varies subsequent version.

CONCLUSION:

To conclude that in final decision of criminal case first information report play important role which furnishes the clue of the possible truth of the allegation against the accused. it is a statement which is made soon after the occurrence, when the memory of the occurrence is fresh and contents of FIR cannot be used against the accused unless proved. FIR is a document which is entered into a book / register maintained at the police station under Rule 24.5 Police Rules, 1934. It is not a detailed narration of facts. It primarily pertains to information about commission of a cognizable offence and contains the material facts immediately noticed by the complainant. 

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