FIR under Crpc
Introduction
First Information Report (FIR), or the first information of a cognizable offence to the officer in charge of a police station, is covered under Section 154 of the Code of Criminal Procedure, 1973 (CrPC). Although the word “FIR” is not defined in the Code, it refers to oral information on the conduct of a cognizable offence that is provided to the police at the earliest possible moment. An FIR is not intended to be fully detailed; rather, it is intended to initiate the criminal justice system. The information provided to the police officer in order to register a case may be true and accurate.
An FIR is an essential document for both parties (prosecution and defence). It serves as the case’s initial foundation. The prosecution case will collapse if the foundation is weak.
Investigation is one of the crucial tasks that the police perform. The goal of an investigation is to gather evidence and arrest the wrongdoer. Police investigations are covered under Sections 154 to 176 of Chapter XII of the Criminal Procedure Code of 1973, which is titled “Information to Police and Their Power of Investigation.”
Section 154 CrPC
Since the information obtained under Section 154 is referred to as FIR, it is crucial to understand the rules governing the process for recording information in relation to offences that are cognizable.
If the information is provided verbally to a police officer in charge of a police station, that official is required to reduce it in writing. The informant should then read it over and sign it thereafter. The information obtained in this way must be entered in a book called the “book of records” that has been approved by the state administration.
The informant must receive a free copy of the information that was recorded.
The aggrieved party may send the information to the Superintendent of Police if the officer in charge refuses to record it. If the Superintendent of Police is satisfied that the cognizable offence has been committed, he or she will either conduct the investigation himself or instruct a subordinate police officer to do so. In relation to the relevant offence, this police officer will have all the authority of an officer in command of the police station.
A woman police officer or any woman officer must record the statement made by a woman where it relates to any of the offences under Sections 326-A, 326-B, 354, 354-A to 354-D, 376, 376-A to 376-E, or 509 of the Indian Penal Code, 1860 that are claimed to have been committed or attempted.
What is a cognizable offence
Section 2 of the Code of Criminal Procedure defines a cognizable offence. A cognizable offence is one in which a police officer can make an arrest without the need for a warrant or the consent or order of the magistrate in line with the First Schedule or any other statute currently in effect.
According to Section 154 of the Criminal Procedure Code, in order to initiate an investigation into a cognizable offence or case, a police officer must first receive the First Information Report (FIR) pertaining to the cognizable offence, which can be acquired without the Magistrate’s authorization, and enter it in the general diary.
What is a non-cognizable offence
The Criminal Procedure Code, 1973 defines a non-cognizable offence as one for which the police lack the legal right to make an arrest without a warrant.
According to Section 155 of the Criminal Procedure Code, 1973, if a police officer obtains information on the commission of a non-cognizable offence, he is required to record the case’s details in the station diary and direct the informant to contact the relevant magistrate.
The absence of the FIR does not, in and in itself, constitute a violation of Section 438.
A committee of three officers will be formed by the Superintendent of Police or Commissioner to address the matter when a copy of the FIR is withheld on the grounds that it is confidential. The complaint must be resolved within three days after receiving the representation.
When it is decided that copies won’t be provided, the aggrieved person may file an application to the appropriate court for a certified copy, which must be given within three days.
Difference between Sections 154 and 155 CrPC
While Section 154 of the Code deals with information on cognizable offence s, Section 155 of the Code deals with information on non-cognizable offences.
A cognizable case requires the official who is in charge of the police station to file an FIR, but a non-cognizable offence requires the police to send the information to the local magistrate and file an FIR only after receiving his approval.
On the basis of the first information he receives and records, the police officer can launch an inquiry into an alleged cognizable offence. However, this is not the situation for non-cognizable offences. According to Section 155 of the Criminal Procedure Code, the police officer must give the magistrate the information they have gathered before they may begin an inquiry into an offence of a non-cognizable nature.
Difference between Section 154 and 161 CrPC
Information acquired following the start of the inquiry, which is covered by Sections 161–162, must be differentiated from the FIR.
An eyewitness account that a police officer records as soon as they arrive at the scene of the incident cannot be used as the basis for a police report. However, that would not invalidate the eyewitness testimony, which will need to stand or fall on its own.
The complaint cannot be considered as an FIR because that would be a statement made during an investigation and would be subject to Section 162 of the Cr.P.C. when the investigating officer purposefully chose not to file the FIR after receiving information about a cognizable offence and instead filed the complaint only after travelling to the scene and after careful consideration, consultation, and discussion.
Difference between an FIR and a charge sheet
The first document filed is called an FIR which comes before the charge sheet. As soon as an offence is committed, an FIR is filed. Once the inquiry is concluded, only then is a charge sheet issued.
A victim, witness, or other individuals with knowledge of the offence may file an FIR with a police officer, but the police officer creates the charge sheet, which is referred to as the final report. Section 173 allows for such a report, and it is given to the court. The case is officially started after the charge sheet is delivered to the court.
While an FIR contains the information provided concerning the conduct of an offence that initiates the investigation process, a charge sheet provides the name of the individual against whom the charges are being filed and set out the charges.
Difference between an FIR and a complaint
Section 2(d) of the CrPC defines a complaint as “…meaning any accusation submitted orally or in writing to a Magistrate.” Although a complaint is a sort of FIR, the law has established a few distinctions between the two, which are listed below;
A complaint may be filed for either a cognizable or non-cognizable offence, but an FIR exclusively deals with cognizable offences.
A complaint is submitted to the Magistrate while an FIR is filed at a police station and information is provided to a police officer.
For a complaint, there is no set format, although Section 154 of the CrPC specifies the process for an FIR.
When filing an FIR, anybody who is a victim, a witness, or has information about the offence may do so, with the exception of cases involving marriage or defamation.
However, in the situation of a complaint, the Magistrate instructs the investigation to begin and will also order the police to file an FIR of the same case. In the case of an FIR, as it only deals with cognizable offences, the police officer can begin an investigation even before seeking permission from the magistrate.
Conclusion
The FIR is crucial in every criminal case since it is the opening stage of any criminal prosecution. FIR is evidence that causes the start of criminal procedures, which leads to a criminal’s conviction. A first information report, as its name implies, is the action taken in the event of a offence , followed by an investigation, a court case, and the punishment of the guilty. It serves as a record of the details of the victim’s account. The FIR serves as the foundation for all subsequent actions taken by the police. As a result, it is the earliest and first information of a cognizable offence that a police station officer has ever documented. The FIR turns out to be the key piece of evidence upon which the prosecution’s case is based. The state’s responsibility is to take cognizance, which gives the victim a remedy and upholds justice in society.
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