1. What is the format of the first information report which the police records my complaint on? and what is a Cognizable offence ?
2. Who can lodge an F.I.R ?
3. What about F.I.R on telephone or telegram?
4. What is an object of F.I.R
5. What if we delay in lodging F.I.R.
6. What could be possible reasons of Delay?
7. Can your later version become an F.I.R
8. What if an accused person lodges an F.I.R himself?
9. Let us look at F.I.Rs  in different offences
10. Who can write the F.I.R
11. What are the essentials of F.I.R(11 Ws)
12. Description of Culprits in F.I.R
13. What is the evidentiary value of F.I.R
14. When does F.I.R become substantive evidence
15. What happens to the F.I.R finally
16. What is a special report? Additional information on what happens to the F.I.R.s as a follow up.
17. What is the format of information in case of Non-cognizable offence (NCR)?
18. What is the difference between Complaint and F.I.R?
19. What can you expect from police concerning your complaint which is not an F.I.R?
20. What does police do when complaints are doubtful ?
21. What if you furnish false information?
22. What if a policeman records wrongly?
23. Historical F.I.Rs
    • Mahatma Gandhi's Assasination case 1948
    • Indira Gandhi's Assasination case 1984

1. What is the format of the first information report which the police records my complaint on? and what is an Cognizable offence ?

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FORMAT OF THE F.I.R.

Book No. ___________

FORM NO. 24.5 (1)

FIRST INFORMATION REPORT

First Information of a Cognizable Crime Reported under Section 154, Criminal PenalCode

Police Station .................................... District .............................. No ..................

Date and hour of Occurrence .....................

Signature .......................

Designation ................................

(First information to be recorded below)

NOTE:- The signature of seal or thumb impression of the informer should be at the end of the information and the signature of the Writer of (FIR) should be existed as usual.

The above is the format and below is the law on the basis of which the cognizable crime is recorded

F.I.R. ON AUTHENTIC INFORMATION

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.

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(Q. 2)   WHO CAN LODGE AN F.I.R.?

(1) Complainant who is an aggrieved person or some body on his behalf.

(2) By any person who is aware of the offence (a) as an eye witness and (b) as an hearsay account.

(3) Provided the person in possession of the hearsay is required to subscribe his signautre to it and mention the source of his information so that it does not amount to irresponsible rumour. The rule of law is, if general law is broken any person has a right to complain whether he has suffered an injury or not.

(a) By the accused himself.

(b) By the SHO on his own knowledge or information even when a cognizable offence is committed in view of a officer incharge he can register a case himself and is not bound to take down in writing any information. Under the order of Magistrate uls 156 (3) Criminal Procedure code, when a complaint is forwarded to officer incharge without taking cognizance. If information is only hear say, then SHO should register case only if person in posses- sion of hearsay subscribes his signature to it and mentions the source of his information so that it does not amount to irresponsible rumour. The information must be definite, not vague, authentic, not baseless, gossip or rumour, clearly making out a cognizable case.

4) The information is only by a medical certificate or doctor's ruqqa about arrival of the injured, then he (SHO) should enter it in daily diary and go to hospital for recording detailed statement of injured. 

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(Q. 3) WHAT ABOUT F.I.R. ON TELEPHONE OR ON TELEGRAMME ?

Legally a case may not be registered

(a) as there is always a doubt about its authenticity

(b) as it does not satisfy the tests of Section 154 Criminal Procedure Code being not an oral statement reduced into writing; read over, admitted correct and signed by the informer. Message to the police on telephone that an injured person was lying amount to FIR (Sukharam Vs. State of Maharashtra (1969) 3 SCC, 730.

On receipt of telegram in railways case may be registered. Normally enquiry should be made and on receipt of an original telegram which contains the thumb impression or signatures, case may be registered.

Officer incharge should begin to write FIR in the First Information Report Register at the dictation of the informer. According to para 24.5 Punjab Police Rules,  the register shall be a printed book consisting of 200 pages and shall be completely filled in before a new one is started. Cases shall bear annual serial number in such Police Station for each calendar year. Every four pages of the register shall be numbered with the same number and shall be written at the same time by carbon copying process. The original copy shall be a permanent record of Police Station. The other three copies shall be submitted to (a) Superintendent of Police or Deputy Commisioner of Police or other Gazetted Officer nominated by him (b) to the Metropolitan Magistrate empowered to take cognizance of the offence as is required by Sec. 157 Criminal Procedure Code. (c) one to the complainant. The seal of the Police Station shall be put on every copy and original.

If an informer refuses to sign the F. I. R. he is guilty of offence u / s 1 80 Indian Penal Code which is as follows..-

'Whoever refuse to sign on any statement made by him, when required to sign that statement by a public servant, legally competent to require that he shall sign that statement, shall be punished with simple imprisontment for a term which may extend to three months, or with fine which may extend to five hundred rupees, or with both".

If the Police Officers refuses to enter the FIR and instead enters in D.D. Register a totally different and false report, he is guilty u/s 177/167/218 IPC which are as follows:-

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(Q. 4) WHAT IS THE OBJECT OF AN F.I.R. ?

To make a complaint to the police to set the criminal law in motion. Its secondary though equally important objects is to obtain early information of an alleged criminal activity.

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(Q. 5) WHAT IF WE DELAY IN LODGING F.I.R. ?

The longer the delay, the stronger the suspicion. That the case is false wholly or in material particulars, so the delay should satisfactorily be explained.

(1) Care should always be taken that the names of witnesses are mentioned in F.I.R. if the names of P.Ws do not appear in it and they are examined later on, the presumption is that they were not present at the spot and have been procured later on.

(2) Care should be taken that all the material facts are mentioned in FIR(as much available at that time).

(3) Names of the accused persons should occur in F.I,R. and their parts also. (If information is available at that time).

(4) It is not necessary to put up or cite all the P.Ws. in court.

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(Q. 6) WHAT COULD BE THE POSSIBLE REASONS OF DELAY ?

Note: Reasons of the delay on the part of complainant is mentioned as "DOC". Reasons of the dlelay on the part of police/ is mentioned as "DOP".

1. Physical condition of the informer (DOC).

2. Psychological condition of the informer (DOC).

3. Natural calamities (Both).

4. Distance of place of occurance (Both).

5. Ignorance of law of informer.(DOC).

6. Late detection of commission of crime (DOC).

7. Due to threat, promise and undlue influence (DOC).

8. Economic & social and undue influence (DOC).

9. Dispute over the jurisdiction of Police Station (DOP).

10. Uncertainity of place of occurrence due to continuous offence (DOP).

11. Shortage of staff (DOP).

12. Unavoidable departmental formalities (including delay due to opinion of experts ) (DOP).

Reasons of delay should be explained in the FIR.

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(Q.7) CAN YOUR LATER VERSION BECOME AN F.I.R.?

Any information forming the basis of F.I.R. is found untrue and the later version given during investigation is found true and challan is put on that basis, can the later version given in some statement ‘F.I.R’ is?

The answer is :- "No"………….. FIR will remain the same on which the investigation was started. The later statement being during investigation, even if found true cannot become F.I.R

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(Q. 8) WHAT IF AN ACCUSED PERSON LODGES AN F.I.R. HIMSELF ?

Sometimes it so happens that accused after commission of crime goes to Police Station and lodges an F.I.R, the procedural legal provision as well as the

Indian Evidence Act are mentioned as under:-.

1. Sec.162 Criminal Procedure Code. does not hit such F.I.R.

2. Sec.25 Indian Evidence Act, is applicable if the statement is in the nature of confession but is relevant u/s 21 of the Indian Evidence Act..

3. Sec.25 of the Indian Evidence Act "No confession made to a Police Officer shall be proved as against a person accused of any offence may it be before or after investigation."

4. If the information is non-confessional, it is admissible against the accused as an admission U/S 18/21 of the Indian Evidence Act and is relevant.

5. For corroborating the statement of the maker under section 157 of the Indian Evidence Act.

6. For contradiction of the evidence of person giving the information U/S 145 of the Indian Evidence Act.

7. For refreshing informers memory U/S 159 of the Indian Evidence Act.

8. For impeaching the credit o f an informer U/S 155 of the Indian Evidence Act.

9. For proving the informers conduct U/S 8 of the Indian Evidence Act.

10. U/S 32(1) of Indian Evidence Act (Dying declaration)

11. U/S 6 Evidence Act when the injuries are being caused in the presence of SHO in a Police Station.

12. U/S 160 Evidence Act when the informer fails to recall his memory the facts, but he is sure the facts were correctly reported in the FIR at the time he wrote, read it.

13. FIR is a public document prepared U/S 154 Criminal Procedure Code and a certified copy of it can be given in evidence U/S 77 of Indian Evidence Act.

14. The FIR by an accused person cannot be treated as an evidence against any co-accused, as it was lodged by the accused and not by a witness.

But if information is received that injured had been shot and had been removed to Hospital, it is sufficient for registration of case.

As such every case depends upon its own circumstances and the police officer should exercise his own judgement and diligence to test the information if it is clear, definite and based upon tangible facts to disclose commission of cognizable or suspicion of commission of a cognizable offence.

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(Q. 9) LOOKING AT F.I.R.s IN DIFFERENT OFFENCES - CONSPIRACY.

In conspiracy cases, a definite information which justifies registration of case, is fairely after making some enquiries. So it is not on every information that some persons are conspiring to do an illegal act that an F.I.R. should be registered. "A police man passes through three stages in conspiracy case; hears something of interest affecting the public security and which puts him on the alert; makes discreet enquiries, takes soundings and sets up informations and is in the second stage of enquiry or look out and finally gathers sufficient information enabling him to hit upon something definite and that is the state when first information is recorded and then investigation starts. Hence a preliminary enquiry made by the C.I.D. Police into relative information floating about as to the existence of the conspiracy, the names and other details of the conspirators not being known at the time is not investigation carried out u/s 156 Cr.P.C.

F.I.R. need only be registered when information is definite about conspirators and their acts disclosing commission of cognizable offence.

F.I.R. IN CORRUPTION CASES

In cases of corruption, not registered on traps laid, but on complaints, always a suitable preliminary enquiry into the allegation, is required. Such preliminary enquiries are relevant before the registration of case and are permissible under law. But as soon as it became clear to enquiring officer that the public servant appeared to be guilty of severe misconduct, it was his duty to lodge F.I.R. and proceed further in the investigation.

F.I.R. IN MURDER CASES

In murder cases, following types of F.I.R.'s are recorded by police.
i) When it contains direct evidence of murder on the basis of ocular evidence.

ii) When the Police registers the case minimizing the offence from murder to 307 or u/s 364 IPC to avoid its despatch to magistrate which otherwise is essential if case is really registered for murder. This is invariably in those cases in which the informer is not sure of the culprits and priliminary enquiry is required by Police to find out the facts and to show that the case was registered properly.

iii) When a dead body identified or unidentified is recovered, with cause of death which is clear and the injuries are apparent the neck is cut etc.

iv) When only inquest is held to discover the cause of death and the case is registered after the report of Medical Officer, or after the receipt of report of chemical examiner etc with re- gard to poison given to the deceased. Only a report is recorded in Daily Diary at the first instance.

(v) When the death is under suspicious circumstances and inves- tigation is necessary which otherwise cannot be done without the registration of case. This is mainly in cases where dead body is not available, but the circumstances indicate that cognizable offence has occurred.

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(Q. 10) WHO CAN WRITE the F.I.R.?

1) A FIR is always to be -written by an officer incharge of a Police Station. (Definition of officer in charge is given in Sec. 2 Criminal Procedure Code.).

2) Police officers superior in rank to officer incharge of a police station may exercise the same powers through the local area to which they are appointed, as may be exercised by SHO with in the limits of his Police Station.

3) Some times it so happens that the information is given by the informer to a police officer who is out in the illaqa or to an incharge of a local police post. Strictly speaking the officers are not officers incharge of a police station and such information lodged with them are not.reports. These officers record the statement of the informers and send the same on to the SHO of a Police Station for recording F.I.Rs. These statements are however admissible U/ S. 157 Evidence Act.

4) Jurisdiction is an essential factor in registering a FIR.

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(Q. 11) WHAT ARE THE ESSENTIALS OF AN F.I.R?

The recording officer and the complainant should know to the extent possible, the 11 Ws while recording/reporting the FIR.

1. W - What information has come to convey.
2. W - In what capacity.
3. W - Who committed crime.
4. W - Whom against crime committed.
5. W - When (Time)
6. W - Where(Place)
7. W - Why (Motive)
8. W - Which way (actual occurrence)
9. W - Witnesses.
10. W - What was taken away.
11. W - What traces were left by the accused.

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(Q. 12) DESCRIPTION OF CULPRITS IN F.I.R.

The recording officer should try to fix clearly the identity of accused, the P.Ws. and of the stolen property, (to the extent possible).

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(Q. 13) WHAT IS THE EVIDENTIARY VALUE OF F.I.R.  ?

FIR being not substantive piece of evidence it can be used in the following ways : - 9

1 . For corroboration purposes. It can not be ignored altogether and can be used to corroborate the statement of the eyewitnesses.

2. For contradicting the evidence of person giving the information.

3. For proving as an admission against the informer.

4. For refreshing informer's memory.

5. For impeaching the credit of an informer.

6. For proving informer's conduct.

7. For establishing identity of accused, witnesses & for fixing spot time as relevant facts u/s 9 Evidence Act. Cases : 1968 M.P. 45.

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(Q. 14) WHEN DOES F.I.-R. BECOME SUBSTANTIVE EVIDENCE ?

1 . During declaration when a person deposing about the cause of his death had died(dying declaration).

2. When the injuries are being caused in the presence of SHO in PS and the injured makes a state- ment to the SHO saying that accused was injuring him.

3. When the informer who has written the FIR or read it, fails to recall memory those facts but is, sure that the facts were correctly represented in FIR at the time he wrote it or read it.

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(Q. 15) WHAT HAPPENS TO THE F.I.R. FINALLY ?

1 When there is sufficient evidence a CHALLAN is prepared.

2. When there is insufficient evidence, F.I.R is declared as UNTRACE.

3. When FIR is found to be false or is transferred to other Police Station on point of jurisdiction, it is decided as CANCELLED.

4. After registering the FIR the contents of the FIR can not be changed. Only High Court can quash the FIR.

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( Q. 16) SPECIAL REPORT AND ITS IMPORTANCE - ADDITIONAL INFORMATION ON WHAT HAPPENS TO THE F.I.R.s AS A FOLLOW UP

The police is required to send the. copy of F.I.R. to the lllaqa Magistrate immediately after registration of the case u/s 157 Criminal Procedure Code. and under the rules framed by Police. A special report, primarily the copy of F.I.R. in cases of heinous nature like murder, dacoity, and all specially reported cases (24.5 P.P.R.) (Punjab Police Rules) is also to be sent immediately after registration of such a case to the Illaqa Magistrate. Copy of FIR is given to S.P/DCP. of the District for administrative purpose. Even when a case is registered under minor offence, the special report needs to be sent, immediately graver offence requiring despatch of special report, is made out. The magistrate on its receipt gives the date and time of receipt on it and this is guarantee of its being recorded by Police at the specified date and time given in it. In case of delay in its despatch to magistrate, there are two presumptions;

 (i) That it was not recorded at the time and date given in it and was antitimed or antidated;

(ii) That the delay had been occasioned due to preliminary enquiries made by Police to find out culprits or to spin out a story, to introduce improvements and embellishments and to set up distorted version. An unexplained delay in sending F.I.R./S.R. evokes suspicion.

In many a case, the delay is explained by police by coining any excuse as in 1973 Recent Laws 35, it was held to be a usual story of punctured cycle. The explanation must be satisfactory and acceptable. If no explanation is forthcorn- ing, then it creates a doubt in the minds of judicial officers as to the genuineness of F.I.R.

Write the statement of Constable who takes special report to Magistrate separately u/s 161 Criminal Procedure Code. the delay, if any, should be explained in his statement. The Constable should get the receipt of Magistrate with time and date on the cover of the envelope and preserve it. Both going and return of Constable is to be recorded in daily dairy (with cause of delay if any).

(a) The F.I.R. shall be sent to the Magistrate immediately in the Court during Court hours and at his residence thereafter.

(b) If Magistrate concerned is out of station then to be submitted to Duty Magistrate.

(c) If Magistrate is not available after Court hours then the mes- senger will leave at his residence giving the date and hour of delivery on the cover.

(d) If an account of difficulties in communication or other rea- sons the delivery is delayed the reasons and delay shall be recorded on the cover.

(e) The Magistrate shall put his initials and the date and hour of receipt.

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(Q. 17) WHAT IS THE FORMAT OF INFORMATION IN CASE OF NON-COGNIZABLE OFFENCES?

FORMAT OF INFORMATION IN RESPECT OF
NON-CONGIZABLE OFFENCE (N.C.R)

Under Section 155 Criminal Procedure Code