S.S.

JAIN SUBODH LAW COLLEGE

JAIPUR

Session :- 2023-2024

Subject :- Cr.P.C.

Topic :- “A detailed study relating to first information report”

Submitted To: Submitted By:

Dr. Tejasvi Sharm Govind Singh Rathore

Assistant Professor Semester-IX

(A) Faculty of Cr.P.C.

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 CERTIFICATE

This is to certify that the project Assignment of Cr.P.C. entitled- “A detailed

study relating to first information report” submitted by Dharmendra Sirohi of
B.A.LL.B. (Integ.) Semester-IX (A) for the partial fulfilment of the requirements
of the degree of B.A.LL.B. in S.S. Jain Subodh Law College, Jaipur embodies
the bonifide work done under the supervision of Dr. Tejasvi Sharma.

Date: SIGNATURE:

Place: Jaipur

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 DECLARATION

I hereby declare that the project work entitled “A detailed study relating to first
information report” submitted to S.S. Jain Subodh Law College, Jaipur is a
record of an original work done by me under the guidance of Dr. Tejasvi Sharma,
Faculty of Environmental Law and this work is submitted in the partial fulfilment
of the requirement for the award of the degree of B.A.LL.B. (Integ.). The content
embodied in this thesis has not been submitted to any other University or institute
for the award of any degree or diploma.

Govind Singh Rathore

B.A.LL.B.

Semester IX (A)

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 ACKNOWLEDGEMENT

On completion of this project it is my present privilege to acknowledge my

heartfelt gratitude and indebtness towards my teachers for their valuable
suggestion. Their precious guidance and relating support kept me on right path
throughout the whole project and very much thankful to my teachers in-charge and
project coordinators for giving me this relevant and knowledgeable topic. I wish to
express my sincere gratitude to my teacher Assistant Professor Dr. Tejasvi Sharma
for his guidance and encouragement in carrying out this project work. I also wish
to express my thanks to my group members and my friends for their ideas because
of which this project become more captivating. I am also thankful to my institution
library for providing a broad range of books to learn more.

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 Index
1. Introduction.............................................................................................06
2. Object......................................................................................................07
3. Eligibility for F.I.R................................................................................08
4. Types of F.I.R........................................................................................09
5. Procedure to File an F.I.R. in the Police Station....................................10
6. Information in Cognizable Cases...........................................................11
7. Conclusion...............................................................................................12
8. Bibliography............................................................................................13

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 Introduction

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.
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 the real offender who can be arraigned in the
report under section 173(2) or 173(8) of Cr.P.C.1

1
https://lawnotes.co/fir-first-information-report

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 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.

Who can lodge an FIR?

An FIR may be filed by any person who either witnessed or has knowledge of the
commission of a cognizable offence. The police officer is under the obligation to file
such an FIR for the cognizable offence. The person against whom an FIR is being filed
can be the person who either committed an offence, has knowledge of the commission of
an offence, witnessed the offence, or abetted in such an offence. The informant doesn’t
need to have first-hand information about the offence. Even an anonymous notice to the
police that contains information about such an offence can be treated as a formal
complaint. The police officer can also lodge an FIR himself if he has knowledge that a
cognizable offence has been committed2.

2
https://blog.ipleaders.in/first-information-report-everything-important-you-should-know-
about/#What_Kind_of_Information_is_Considered_in_an_FIR

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 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.

Duration for filing an FIR

It has been seen that an FIR should be filed promptly and expeditiously without wasting any
time. However, there might be certain circumstances where some amount of concession must be
given on reasonable grounds. This shall only be allowed in the interest of justice. Judges have to
judiciously decide using their wisdom whether to grant such a concession or not. There is no
fixed duration of time that can be granted to apply the test of reasonableness. It is purely
dependent on the facts and circumstances of the case and the gravity of the offence.

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 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.

2. 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.

3. 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.

4. 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 occurrence3.

3
https://www.drishtiias.com/daily-news-analysis/first-information-report-fir

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 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.

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 Information in Cognizable Cases [S.154]

Since the information received u/s 154 is termed as FIR, it is important to know the provisions
relating to the procedure for recording information in respect of cognizable cases u/s/ 154.

 If the information is given orally to an officer in charge of a police station, it has to be

reduced in writing by the concerned police officer. It should be then read over to the
informant, and then signed by him. The information thus received has to be recorded
in a book authorised by the state government regarding the same.

 A copy of the information recorded is to be given to the informant, free of cost.

 If the officer in charge refuses to record the information, the person may send such
information, the aggrieved person may send, the substance of such information to the
Superintendent of Police and the Superintendent of Police if satisfied about the
commission of the cognizable offence, shall either investigate the case himself or
direct an investigation to be made by the subordinate police officer. Such police
officer shall exercise all the powers of an officer in charge of the police station in the
concerning offence.
When the information is given by a woman against whom any of the offences under sections 326
– A, 326-B, 354, 354-A to 354-D, 376, 376-A to 376-E or 509 IPC is alleged to have been
committed or attempted, such statement shall be recorded by a woman police officer or any
woman officer.

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 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.

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 Bibliography

 https://www.lexology.com/library/detail.aspx?g=a750ca41-1b94-445e-aa91-
96c009bed6e5

 https://lawcolloquy.com/publications/blog/first-information-report-fir-an-
overview/228

 https://journals.pen2print.org/index.php/ijr/article/view/12030/11328
 https://lawnotes.co/fir-first-information-report/

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