Thereafter the suspect and the FIR are taken before the Magistrate who, if satisfied that the allegation is well founded, direct the matter to the Magistrate with jurisdiction to try the matter. If an FIR is filed later than expected, it is at the discretion of the court to decide whether to honor or dishonor such information. CRPC Mains Questions Series Part VI: Important Questions for Judiciary, APO & University Exams | Part – VI of XI, CRPC Mains Questions Series Part VII: Important Questions for Judiciary, APO & University Exams | Part – VII of XI, CRPC Mains Questions Series Part VIII: Important Questions for Judiciary, APO & University Exams | Part – VIII of XI, CRPC Mains Questions Series Part IX: Important Questions for Judiciary, APO & University Exams | Part – IX of XI, Indian Moral Preaching Suffers from Great Depression, Preamble to the Constitution of India: Introduction, Features and Significance, International Conference on Comparative Law | Amity Law School and School of Business and Law, ECU Australia, Contract of Bailment in our day-to-day Life, Police Brutality Against the Poor in India, Criminal Procedure Code by RV Kelkar, Eastern Book Company. Once the information is recorded, a copy shall be provided to the informant free of charge. It contains allegations leveled against a person in a court of law. If the police officer is satisfied with the information that public interest will be served by a prosecution, he reduces the complaint into writing in the form called FIR. If the accused admits or suspect or defendant commission of the offence, his admission shall be recorded as nearly as possible in the words used by him and he can be convicted summarily without even drafting a formal charge. The underlying reason for documenting an FIR is to a set criminal law into motion and not to express all the small details therein. given orally to an officer-in-charge of a police station, shall be reduced The F.I.R. Currently, FIR can be filed either in orally, in writing, in writing and by posting, or online. The FIR is recognized in several countries such as Singapore, Pakistan, Bangladesh, India, etc. Thus, to prosecute one is a constitutional right, that is, a person who is arrested in connection with an offense has the right to be charged in or brought before a court of law. FIR is the heart of criminal litigation and the purpose is to give the accused or suspect or defendant notice of the case against him or her. and investigation can be carried on under both of them by the same investigating agency. It can by no means be utilized for contradicting or discrediting the other witnesses. The jurisdiction where the offence was committed. Although the list is in-exhaustive, below are instances that do not amount to FIR: By this method, a suspect arrested usually without a warrant is brought to a police station where the officer in charge of the case listens to the complaint against him (usually by the Investigating Police Officer). This measure is put in place to avoid wasting the time of the Police and the State Government. For individuals or persons who are too scared to file FIRs at the police station, they can file it online if they are in the jurisdictions that have adopted e-FIR. should be filed as promptly as possible and if delayed, the explanation for delay should be given in the F.I.R because delay in lodging the F.I.R often results in embellishment, which is a creature of an afterthought. But it need not be an encyclopedia containing every minute detail of the offense (Manoj v. State of Maharashtra (JT 1999 (2) SC 58). First Information Report (FIR) can be filed by any person. Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. Introduction Therefore, it is ideal for the informant to file information at the Police Station covering the jurisdiction he or she is or located where the offense was committed. Although, there is absolutely no time limit as to when to file an FIR in the eyes of the court, the earlier the better. If the delay is unreasonable and not satisfactorily explained, it becomes fatal for the prosecution case. The book, mentioned in section 154 of CrPC, regarding cognizable offenses, is commonly known as Formal F.I.R. The suspect is entitled to cross-examine the prosecution witnesses. This site uses Akismet to reduce spam. Vague, cryptic and indefinite telephonic information cannot be … A report or a statement recorded after the commencement of the Information not about occurrence of cognizable offence but only cryptic Mention any other incident, connection, document, report if related to that offence. Information or Statement that does not pertain to a recognizable offence rather, cryptic message examples, a cry for help, and an appeal for immediate help. Out of these cookies, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. There cannot be two F.I.R.s against the same accused in respect of the same offense. Section 154 of Criminal Procedure Code deals with the cognizable offenses and Section 155 deals with the non-cognizable offenses. The information so recorded is called First Information Report i.e. Information received by a Magistrate or Police Officer over the phone. as the State Government may prescribe in this behalf. What is a First Information Report and how, where, when can I file an FIR and many more questions relating to FIR will be answered through this article. (Harpal Singh v. State of H.P. Where the first information report regarding cognizable offense was lodged after considerable delay, it was held by the Hon’ble Supreme Court that it introduces serious infirmity in the prosecution case against the accused. Raising the Age of Consent - 1 step forward or 4 steps back? It is pertinent to note that an FIR should be filed immediately, timely, and expeditiously as that will help the case tremendously. For a Police to step out of the jurisdiction assigned, he or she must inform the other jurisdiction of his or her intendment. Bail And Bonds: A Procedural Concept- Criminal Procedure Code This is what is usually referred to as the short summary trial procedure. NHPC Limited is recruiting Trainee Officers in (Law) and other fields. Information or Complaint made to a Magistrate. S.45 of Law of The golden rule of law pertaining to the filing of an FIR by the Code of Criminal Procedure, 1973 is that it must be filed timely. Refusal to sign the FIR by the informant is so punishable under section 180 of the Indian Penal Code but the absence of signature does not render the Report null and void. It is the most important document. Vague, cryptic and indefinite telephonic information cannot be treated as F.I.R. Learn how your comment data is processed. Law of Evidence: On account of delay, the F.I.R. The only exception to that is the online filing of FIR called e-FIR. A copy of the information as recorded under sub-section, Any person aggrieved by a refusal on the part of an officer-. It stipulated that-. The information so recorded is called First Information Report i.e. Required fields are marked *. If it is a matter over which the receiving Magistrate has jurisdiction to try, he may hear the matter. ... Introduction (adsbygoogle = window.adsbygoogle || []).push({}); Evidential Value of Private Reports in Court of Law, Dying Declaration-Section 32(1) of Indian Evidence Act, Experts Opinion and its admissibility and relevancy - Law of Evidence, How a Defendant Grand Jury Testimony Can Be Used at Trial, Non-Examination of Investigation officer: Its Consequences, Relevancy and Admissibility under Indian Evidence Act, Accomplice Witness and its admissibility as Evidence.
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