- 📘Introduction
- 📘Object of FIR
- 📘Definition of FIR
- 📘Meaning of FIR
- 📘Essentials of FIR
- 📘Proviso of Section 154 FIR
- 📘Refusal to record FIR under Section 154(1)
- 📘Mandatory registration of FIR
- 📘Delay in Lodging FIR
- 📘Evidentiary value of FIR
- Information in cognizable cases-
First Information Report
• Section 154 deals with information relating to the commission of
cognizable cases. It is popularly called First Information Report
(FIR) though the term has not been defined in the Code.
Definition of FIR
• FIR is not defined in the Code but as per literal Definition, 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 at first in point time and that is why it is called the First Information Report.
The object of FIR
Habib v. State of Bihar, (1972) – To set the criminal law in motion.
Essentials of Section 154
⏩It is information relating to the commission of a cognizable
offence;
⏩It is given by the informant to the officer-in-charge of a police
station;
⏩It may be given either orally or in writing;
⏩If given orally, it should be reduced to writing by the officer in
charge of a police station or under his direction;
⏩It should be read over to the informant;
⏩If given in writing or reduced to writing shall be signed by the
the person giving it;
⏩Substance of the information shall be entered in a book in such
form as the State Government may prescribe on this behalf. This
book is called ‘General Diary. [Section 44 of Police Act]
⏩Copy of the information recorded should be given to the informant
free of cost.
⏩It is not necessary that it should come from an eyewitness only.
It can be hearsay also.
Proviso of Section 154
Added after the Criminal Act Amendment of 2013 & Amendment Act of
2018]
⏩Amendment Act of 2013 inserted the proviso to Section 154
which provides that the information is, given by a woman against
whom the offences under Sections 326A, 326B, 354, 354A, 354B,
354C, 354D, 376, 376A, 376AB, 376B, 376C, 376D, 376DA,
376DB, 376E & 509 of the Indian Penal Code is Rape alleged to have
been committed or attempted then the information will be recorded
by women police officers or any women officer.
⏩It further provides that if the person against whom offences under
Section 354, 354A, 354B, 354C, 354D, 376, 376A, 376AB, 376B,
376C, 376D, 376DA, 376DB, 376E or 509 of Indian Penal Code is
alleged to have been committed or attempted is temporarily or
permanently, mentally or Physically disabled then such information
shall be recorded by a police officer at the residence of the person
seeking to report or at a convenient place of such person’s choice.
An interpreter or special educator shall also be present. Such recording of information shall be videographed.
Refusal to record information under Section 154(1)
• Where the officer-in-charge refused to record the information any
a person aggrieved by such refusal may send the substance of such
information in writing and by post to the Superintendent of Police
concerned, who is satisfied, that such information discloses the
commission of a cognizable offence shall :
Either investigate the case himself.
Direct an investigation to be made by any police officer
subordinate to him.
Such investigating officer shall have all the powers of an
officer-in-charge of a police station in relation to that offence. [Section
154(3)]
Mandatory registration of FIR
The question is whether it is obligatory for the police to register FIR on
information given by the informant has been answered in affirmative
by Supreme Court in Lalita Kumari vs Govt. Of UP., (2014) 2 SCC
The court has held that the police officer is duty-bound to register
FIR if the information discloses the commission of a cognizable offence.
The word shall is used in Section 154.
• The court has further clarified that the registration of FIR is
compulsory but the arrest of the accused immediately after
registration of FIR is not mandatory.
• The court has, however, reserved a few categories of cases for
preliminary inquiry before the registration of FIR
The court has held that in the following types of cases, the police are at liberty to conduct the preliminary inquiry before registration of FIR.
Medical negligence cases
Matrimonial/ family disputes
Commercial disputes
Corruption cases
Cases where there is an abnormal delay in the registration of FIR
Delay in lodging FIR
Delay in filing FIR does not result in quashing the FIR but
nevertheless gives rise to suspicion which puts the court on guard
to look for the possible aspects & be cautious while trial.
Evidentiary value of FIR
Though FIR is the first important document and it sets the criminal
the law in motion.
It it, not a substantive piece of evidence (Damodarprasad
Chandrikaprasad vs. State of Maharashtra, (1972)
FIR can be used to corroborate the information under Section 157
of Indian Evidence Act.
Evidence Act or to contradict under Section 145 of the Evidence Act
In view of Section 145 of the Evidence Act FIR can also be used for
cross-examination of the informant and for contradicting him.
FIR by accused: If the FIR is given by the accused himself then it
can be either:-
- Confessional;
- Non-confessional.
Note- FIR can also be used sometimes under Section 32(1) of
Evidence Act also known as Dying Declaration.
