First Information Report (FIR) is a written document prepared by the police when they receive information about the commission of a cognizable offence. It is a report of information that reaches the police first in point of time and that is why it is called the First Information Report. The information given to the Police Officer for registration of a case must be authentic. It should not be gossip but should be traced to an individual who should be responsible for imparting information. It may be hearsay but the person in possession of hearsay should mention the source of information and take responsibility for it. An irresponsible rumour should not result in registration of F.I.R.

An information given under sub-section (1) of section 154 Cr.P.C is commonly known as first information report though this term is not used in the Criminal Procedure Code (in short Cr.P.C). It is the earliest and the first information of a cognizable offence recorded by an officer-in-charge of a police station. It sets the criminal law in motion and marks the commencement of the investigation which ends up with the formation of opinion under section 169 or 170 Cr.P.C, as the case may be, and forwarding of a police report under section 173 Cr.P.C. It is quite possible and it happens not infrequently that more information than one are given to a police officer-in-charge of a police station in respect of the same incident involving one or more than one cognizable offences. In such a case he need not enter every one of them in the station house diary and this is implied in section 154 Cr.P.C. Apart from a vague information by a phone call, the in formation first entered in the station house diary, kept for this purpose, by a police officer-in-charge of a police station is the first information report- FIR postulated by section 154 Cr.P.C. All other information made orally or in writing after the commencement of the investigation into the cognizable offence disclosed from the facts mentioned in the first information report and entered in the station house diary by the police officer

or such other cognizable offences as may come to his notice during the investigation, will be statements falling under section 162 Cr.P.C. No such information/statement can properly be treated as an FIR and entered in the station house diary again, as it would in effect be a second FIR and the same cannot be in conformity with the scheme of Cr.P.C.Take a case where an FIR mentions cognizable offence under section 307 or 326 I.P.C and the investigating agency learn during the investigation or receive fresh information that the victim died, no fresh FIR under section 302 IPC need be registered which will be irregular; in such a case alteration of the provision of law in the first FIR is the proper course to adopt.

Let us consider a different situation in which H having killed W, his wife, informs the police that she is killed by an unknown person or knowing that W is killed by his mother or sister, H owns up the responsibility and during investigation the truth is detected, it does not require filing of fresh FIR against H the real offender who can be arraigned in the report under section 173(2) or 173(8) of Cr.P.C, as the case may be

Purpose and Object :

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.

what is the power of FIR

The police can register FIRs only for cognizable offences — where the police have the power to arrest without a warrant. Examples of cognizable offences include murder, rape, theft, attack, etc

What is the Rule of FIR

Anyone who knows about the commission of a cognisable offence, including police officers, can file an FIR. As described in law: When information about the commission of a cognisable offence is given orally, the police must write it down.

What is the process after FIR?

Once an FIR has been filed the police are legally bound to start investigating the case. The process of investigation includes, but is not limited to, collecting evidence, questioning witnesses, inspecting the crime scene, forensic testing, recording statements and so on.

FIR Quashing on the basis of Compromise:

The High Court can Quash the FIR at any stage on the basis of compromise. The compromise can be entered into by the Complainant and the accused. In such case, a joint petition under section 482 of CR.P.C shall be filed by both the parties.

i) Registration of FIR is mandatory under Section 154 of the Code, if the information discloses commission of a cognizable offence and no preliminary inquiry is permissible in such a situation.

Why FIR is filed?

An FIR can be filed by anyone who possesses information about a cognizable crime being committed. Regardless of the severity of the crime, the police officer in charge must file an FIR as long as it is a cognizable offence.

for giving false information:

Punishment for giving false information to the police is dealt with by sections 182, 203 & 211 of I.PC. Even if such information is not reduced to writing under Section 154(1) of Cr.P.C, the person giving the false information may nevertheless be punished for preferring a false charge under section 211 of 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 totally different from the information given, would be guilty under Sections 166 A and 177 .

Eligibility for filing FIR

There is no such hard and fast rule as to the eligibility of the person filing the FIR. Anyone can give information about the commission of a cognizable offense, and it is not at all necessary that the aggrieved of such an offense can only lodge the FIR. It can even be lodged by the Police officer who comes to know about the commission of a cognizable offense. However, it can be summed up as below:

• You can lodge an FIR if you are the victim of a cognizable offense,
• If you have information about the commission of a cognizable offense that should not be hearsay information, and
• If you have witnessed the commission of a cognizable offense.

Therefore, filing an FIR is very important for a case related to a cognizable offense since it sets the criminal justice system in motion. The Police take up the investigation of a case only after an FIR is lodged. However, the Police may not investigate the case even after filing an FIR if they do not find the case severe or if there is reasonable ground to initiate the investigation. However, under Section 157 of Cr.P.C, the Police have to record the reason for not initiating the investigation.

Types of FIR

There are various types of FIR. The following are some of the most important ones:

1. General FIR

A general FIR is one filed by the aggrieved party or the first party against another party in a general transaction at the nearest police station.

1. Zero FIR

Zero FIR is given the number “0” (zero) instead of a serial number, hence the name. It is recorded regardless of the location where the crime was committed. After registering Zero FIR, the police station transmits it to the jurisdictional police station where the offence took place. When the appropriate police station receives the Zero FIR, it is assigned a serial number and turned into a regular FIR. 

1. Cross FIR

The other party (accused) may file an FIR against the complainant after the FIR is filed. This is called a cross FIR or counter FIR.

The filing of the counter FIR may be motivated by personal animosity or any malicious purpose to perplex the Court, or it may be used as a weapon to negotiate a future settlement and entice the complainant to retract the initial FIR.

1. Multiple FIR

Multiple FIR is when aggrieved parties file multiple FIRs with the same cause of action. Multiple FIRs will be submitted only if the subsequent informer accounts for a completely new version of the alleged occurrence.

Importance of FIR

The main goal of an FIR is to set the criminal law in motion and to gather information regarding alleged illegal behaviour so that appropriate steps can be taken to track down and prosecute the perpetrators. As a result, Sec. 154 has three objectives:

• To notify the Magistrate and the District S. P., who are in charge of the district’s peace and safety, of the crimes recorded at the police station;
• To inform the judicial officers who will ultimately hear the case what information was released immediately after the occurrence and what documents were used to begin the inquiry,
• To protect the accused from future modifications or any other additions.

procedure to file an FIR in the police station:

To file an FIR in the police station, consider the following steps.

Step 1: Go to the nearest police station and tell them everything you know about the situation.

Step 2: You can either tell the officer about the situation verbally, for example, what happened? How did you figure that out? Alternatively, jot down the data on your own.

Step 3: If you tell the police something verbally, the duty officer must write it down and record it in the General or Daily Diary.

Step 4: You must bring two copies with you if you’re filing a written complaint. One will be given to the duty officer, while the other will be returned to you.

Step 5: After you submit the information, the police will review all the details.

Step 6: You will then read the information that the police have recorded.

Step 7: You must sign the FIR after the police have recorded the information.

Step 8: Only sign the report after double-checking that the information recorded by the police matches the information you provided.

Step 9: You will be given a free copy of the FIR with an FIR number, the date of the FIR, and the name of the police station.

Make certain that both copies are stamped. A DD Number, or Daily Diary Number, is stamped on the FIR. It’s proof that your complaint was received

Conditions that must be met to file FIR:

The following requirements must be met to qualify as an FIR under Section 154:

• It is information on the commission of a criminal offence;
• It is provided orally or in writing by the informant;
• It should be reduced to writing by the officer in charge of a police station or under his direction if presented orally, and it should be signed by the person giving it if delivered in writing or reduced to writing
• The substance of the information shall be recorded in a book in the manner prescribed by the State Government. (‘General Diary’)
• There must be something in the form of a complaint or accusation regarding the occurrence of a cognizable offence for the information to be classified as an FIR

Conclusion

FIR (First Information Report) is a document where the first information about the commission of a cognizable is recorded. It is important for both the person filing it and the Police. Its registration sets the criminal law into motion, and the Police start investigating the crime allegedly committed. The statement may be registered either orally or in writing. If the information is given orally, the Police officer must produce the orally given statement in writing and get it either signed or marked off the thumb impression of the informant.