First Information Report (FIR) is a written document prepared by the police when they receive information about the commission of a cognizable offense. It is a report of information that reaches the police first at that point in time and that is why it is called the First Information Report. A cognizable offense is one in which the police may arrest a person without a warrant. They are authorized to start an investigation into a cognizable case on their own and do not require any orders from the court to do so. Non-cognizable Offense A non-cognizable offense is an offense in which a police officer has no authority to arrest without a warrant. The police cannot investigate such an offense without the court’s permission.

ESSENTIAL ELEMENTS OF F.I.R.

It is information that is given at the first stage to the Police Officer In- charge of the Police station. The information must relate to a cognizable offense. It is on the basis of this information that investigation into the offense commences. The FIR could be in any type i.e. X’, Titten, or oral. It can also be given on the telephone. Sunil v/s State of MP, 1997.It is essential that a detailed explanation of the incident should be given in the FIR. In the case of Navratan Mahanto v/s State of Bihar-1980, the court observed that the prosecution cannot be dismissed merely on the basis that FIR does not contain a complete explanation of happening as only the gist of the happening in a factual position needs to be mentioned.

Section 154 says- As soon as the Officer-in-charge receives information of commission of a cognizable offense, entry to this effect shall & immediately be made in the Register maintained for this purpose without delay. If any information is given orally, it should be recorded and then read and obtained the signature of the person giving information. In the case of State of A.P v/s P. Ramulu: 1993, the court observed that FIR cannot be refused to be recorded on the ground that the offense was committed not within the jurisdiction There should be no delay in registering FIR.

Who Can File an FIR

First Information Report (FIR) can be filed by any person. He need not necessarily be the victim or the injured or an eye-witness. First Information Report may be merely hearsay and need not necessarily be given by the person who has first hand knowledge of the facts.

Where to file an FIR

An FIR can be filed in the police station of the concerned area in whose jurisdiction the offense has occurred. The first is to obtain information about the alleged criminal activity so as to be able to take suitable steps for tracing and bringing to book the guilty person.

Why FIR should be filed promptly

This is the golden principle of law prescribed in the Code of Criminal Procedure, 1973 that the First Information Report should always be filed promptly and without wasting any time. Such a report gains maximum credibility and is always welcome and appreciated by the courts.

According to the Supreme Court, the FIR recorded promptly before the time afforded to embellish or do away with the evidence is useful. It eliminates the possible chance of giving rise to suspicion.