FIRST INFORMATION REPORT (SECTION 154 Cr.P.C)

By Adv. SUDHEESH S KUMAR

 

Section 154 of the CrPC deals with first information report.
But the term FIR is not mentioned any where in the code. Section says " information in cognizable cases".
FIR is the information given by a person about the commission of a cognizable offence and recorded by the police in accordance with Section 154.
Police officer shall read the FIR to the informant and obtain his sign in the statement.
Also, he need to enter it in a book kept in the police station as prescribed by the state government.
The police officer shall give a copy of the FIR to the informant at free of cost.

State of Bombay v. Rusy mistry - In This case court defined the term FIR. It means the information given to the officer in charge of the police station in relation to the commission of a cognizable offence and on which the investigation is commenced.

Lalitha Kumari v. Government of UP - court held that provision under section 154(1) is mandatory and it is the duty of the police officer to register FIR based on the information of the commission of cognizable offence.

If the police officer refuses to register the FIR  the informant can approach the superintendent of police concerned and if he satisfied that the information is related  to a cognizable offence then he himself or through his subordinate officer will investigate the matter.

FIR merely contain facts known to informant. He need not required to prove his allegations at the police station. But the facts should not be vague.

Tapinder singh v. State  - in the case a telephone message came to the police station without  mentioning the name of accused and details of the cognizable offence. Court held it cannot be called as an FIR.

State of UP v. R.K. Srivastava - Supreme Court held that, if the allegations in FIR  do not constitute cognizable offence then the Criminal  proceedings based on that FIR should be quashed.

FIR is not a substantive piece of evidence. It can only be used to corroborate or contradict the maker or informant during trial of the case.

FIR  made by accused cannot be used against him because section 25 of evidence Act prohibit it.

Unreasonable Delay in registering FIR  will lead to suspicious  and fabrication of the case. Mere Delay can be permitted.

In rape cases, most of the time there will be Delay in filing the FIR because the modesty of the lady and honour of the family is involved.

Harpal singh v. State of HP -  in the case FIR  was filed after 10 days from and date of  rape happened. The court considered it as a reasonable Delay.

State v. Manoj kumar - In This case , the court observed that,  if the prosecution has made sufficient satisfactory explanation for the delay then the case need not be rejected.

I am a Legal professional - practicing as a counsel before the High Court of Kerala and the Trial Courts Mainly in Kottayam Zone. I graduated with a bachelor’s degree in Bachelor of Commerce from Mahatma Gandhi University (2014-17) and a bachelor’s degree in law from University of Calicut (2018-21). From November 2021 onwards till July 2022 , I was a Junior trainee at the Firm Tharakan and George Associates. Now I am an Associate Litigator at Tharakan and George Associates. Civil Commercial litigation, Consumer Litigation , Drafting of Legal Documents , Preparation of Title deeds , Registration of Firms and Society are my primary areas of practice. Opinions expressed by me here are in my personal capacity, and may not be conclusive. My LinkedIn profile is available at https://www.linkedin.com/in/adv-sudheesh-s-kumar-632977234/

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