Saturday, 29 January 2022

FIR

 First Information Report


Meaning

In the Code of Criminal Procedure, the term "First Information Report" is not defined. Rather, the phrase is only used in section 207 of the Code, which requires the Magistrate to provide a copy of the First Information Report recorded under section 154 (1) of the Code to the accused. The Initial Information Report gives information on the cognizable crime and is the first report recorded by the police relative to the commission of a cognizable crime.

It defines as;

It is a piece of information given to the police officer.

The information must relate to a cognizable offence.

It is a piece of information reported first in point of time.

The victim of the cognizable offence or someone on his/her behalf gives information and lodges a complaint with the police.

This is the information on the basis of which investigation begins. The FIR must be in writing.


In the State of Rajasthan v. Shiv Singh, the Rajasthan High Court defined a First Information Report as ‘the statement of the maker of the report at a police station before a police officer recorded in the manner provided by the provisions of the Code.’



Object


The fundamental goal of filing an F.I.R. is to start the criminal justice process. Also, to allow the police officer to begin investigating the crime as quickly as possible and collect all available evidence.


The following are the various objects of recording F.I.R.


  • The offence recorded at the police station should be reported to the District Magistrate and the District Superintendent of Police, who are responsible for the district's peace and safety.


  • To inform the judiciary and judicial personnel before whom the case will finally be tried of the facts and scenario that emerged following the crime's immediate occurrence.


  • To preserve and protect the accused from future changes or additions.



Essential conditions of F.I.R

In Moni Mohan v. Emperor, it was decided that the essential conditions of F.I.R. are:


  • It must be a piece of information.

  • It must be in writing. If given in writing, should be reduced into writing by the concerned police officer.

  • The main act or crime should be cognizable in nature, not the ones subsequent to the main act.

  • The F.I.R. must be in the nature of complaint or accusation with the object of getting the law in motion.



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