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Introduction:
Investigation,
Inquiry, and
Trial
Object of F.I.R.:
The principle object of the F.I.R. from the point of view of the informant is
to set the criminal law in motion and from the point of view of the
investigating authorities is to obtain information about the alleged
criminal activity so as to be able to take suitable steps to trace and bring
to book the guilty.[4]
The purpose of recording the F.I.R. is to put into writing the statement of
the informant before his memory fails or before he gets time and
opportunity to embellish it. But the F.I.R. is not a condition precedent to
the setting in motion of a criminal investigation.[5]
At the same time, the F.I.R. cannot be said to be the last word of the
prosecution because it need not be made by an eye-witness nor is
required to give full details. It merely marks the beginning of the
investigation and its value must accordingly depend on the circumstances
of each case, including the nature of the crime, the position of the
informant and opportunity he had of witnessing the whole or part of the
offence. It need not necessarily be given by a person who has first-hand
knowledge of the incident; hence, it cannot be rejected as F.I.R. merely
because it is based on hearsay.
The F.I.R. cannot serve as a conclusive test for determining the question
whether there should be one or several trials of the several offences
disclosed in the F.I.R. The matter has to be determined on the basis of the
result of the investigation in the light of the provisions of the Code.
From the above discussions, it is submitted that the following are the
mandatory conditions or the standards of a F.I.R.:
It does not require that the information must give details of all elements
of the offence, or the weapon used or the names of the witnesses or even
of the accused, if the particulars given are sufficient for appreciation of
the evidence.[12]
In the case of State of U.P. v. Naresh and Ors.,[15] the Supreme Court
observed that, “It is settled legal proposition that F.I.R. is not an
encyclopedia of the entire case. It may not and need not contain all the
details. Naming of the accused therein may be important but not naming of
the accused in F.I.R. may not be a ground to doubt the contents thereof.”[16]
When more than one F.I.R. has been lodged then the one recorded first in
point of time which persuaded the police to start the investigation is to be
treated as F.I.R.[18] So, even if different people come to the police station
to give information about the same offence, the one which was recorded
first would be taken as F.I.R. Other information would be recorded under
Section 161 Cr.P.C. for the purpose of investigation but would not get the
status of F.I.R.
F.I.R. can come from any quarter. Even an anonymous letter sent
reporting a cognizable offence may be treated as F.I.R. It need not be
lodged by the eye-witness alone. It is also not necessary that the
informant had personal knowledge of the offence. F.I.R. lodged by the
accused to the police station containing confession cannot be admissible
in evidence except under Section 27 of the Evidence Act.[19]
Oral or written
Refusal to record F.I.R. on the ground that the place of occurrence falls
outside the territorial jurisdiction of the police station is not correct. The
proper way is to record the F.I.R. and then forward to the police station
having jurisdiction over the case. Refusal to record F.I.R. on the ground
that the information received is not credible is not proper. Officer in
charge of police station has no option but to record F.I.R. on receipt of
information of the commission of a cognizable offence.[23] If he refuses
to record such information it amounts to dereliction of duty. If he fails to
perform his mandatory duty, the High Court by a writ of mandamus can
direct him to register the F.I.R. and start investigating the case.[24]
This object will be defeated if the police officer in charge of the police
station refuses to record the information. Therefore Section 154(3)
provides a remedy in such a situation. According to this provision, if any
person is aggrieved by a refusal on the part of a police officer in charge of
a police station to record the information, he may send by post the
substance of such information in writing to the Superintendent of Police
concerned. If the Superintendent is satisfied that the information
discloses the commission of a cognizable offence, he shall either
investigate the case himself or direct an investigation to be made by a
subordinate police officer in the manner provided by the Code. Section
154(3) further provides that such subordinate police officer investigating
the offence shall have all the powers of an officer in charge of police
station in relation to that offence.[25]
It has also been clarified by the Supreme Court that since the word
‘information’ in Section 154 is not qualified as ‘reasonable’ it is the duty of
the police to register the information under Section 154. In the celebrated
judgment of State of Haryana v. Bhajan Lal,[26] it was decided that
when an information is lodged as to the commission of a cognizable
offence before the officer in charge of the police station, he has no other
alternative but to register the same in a prescribed form and initiate a
case. Even if such information of cognizable offence is lodged against a
high police official, it is also the duty of the officer in charge of the
concerned police station to reduce the information to writing, read it over
to the informant, get the signature of the informant thereon and enter the
substance thereof in the diary.[27]
Law has not fixed any time for filling F.I.R., as such a delayed F.I.R. is not
illegal.[30] On an inordinate, unreasonable and unexplained delay in
lodging of the F.I.R., arises a presumption in law that the F.I.R. is based on
a false or fabricated story or afterthought. Although, if there is no
unreasonable delay, it does not give rise to any simultaneous
presumption that the F.I.R. is true. As unreasonable delay adversely
affects the evidentiary value of the F.I.R., any delay must be properly
explained.
When is delay not fatal:
In Mekala Raja Reddy v. State of A.P.,[33] the victim was forcibly taken
to a field on 30.08.1992 while she was returning home in the evening after
making bidi as a laborer. Her moth was gagged, therefore, she could not
cry for help. She was threatened to be killed if she would not do sexual
intercourse with the accused persons. She stood these and then she was
forcibly raped by the accused persons one after another. She was
threatened not to inform the incident to anybody. She did not reveal the
incident to anybody. The incident came to light due to loose talk by the
accused in the village. When the police came to know about the incident,
they came to the village and questioned her and took her to the police
station. There the statement of the victim was recorded at the police
station on 26.12.1992, i.e., after four months. It was also held the delay in
lodging F.I.R. was properly and satisfactorily explained.
When any victim gets seriously injured and needs immediate medical
care, then the first interest of the family members of such a person is to
save the life of the victim. In such a case, if there is delay in the lodging of
the F.I.R., it would not put any adverse presumption on the prosecution
case.
F.I.R. could be used for corroborating the informant as per Section 157
and Section 161 of the Evidence Act but it could not be used for
corroborating other prosecution witnesses or prosecution case in
general.
F.I.R. could be used for contradicting the informant as per Section 145
of the Evidence Act but for that firstly, the attention of the informant
must be drawn to the relevant portions where the contradiction
occurs. Secondly, explanation should be invited and only then defence
can rely upon the contradiction.
If F.I.R. is made by accused himself then it could be used as per the
normal rules of evidence unless it is in the nature of a confession, as
then it will be hit by Section 25 of the Evidence Act. The position of
such case has been discussed in detail in Aghnoo Nagesia versus
State of Bihar AIR 1966 SC 119:-
1. Such an F.I.R. is not inadmissible in evidence
2. If the information is non-confessional then it could be admissible
under Section 21
3. If it is confessional in nature then it will become inadmissible except
the portion which will come under Section 27 of the Evidence Act.
4. In this case, Supreme Court for the first time clarified that F.I.R. will be
admissible in evidence as a whole not in parts but with a rider that in
case the non-confessional part has no connection with the
confessional part then the former will be relevant under Section 18
and Section 21.
On the basis of the above, it can be concluded that normally F.I.R. is not a
substantive piece of evidence but is a public document as per Section 74
of the Evidence Act and its certified copy could be given as per Section 79
of the Evidence Act. However, it becomes a substantive piece of evidence
under certain circumstances but S.H.O. cannot give copy of F.I.R. to the
accused unless the police report is ready or else he would be liable under
Section 27 of the Police Act, 1861.
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[4] Ratanlal & Dhirajlal; The Code of Criminal Procedure, 19th Ed.,
LexisNexis Butterworths Wadhwa Nagpur Ltd., Gurgaon, 2010, p.474
[5] Basu, D.D.; Criminal Procedure Code, 1973, Vol. 2, 4th Ed., LexisNexis
Butterworths Wadhwa Ltd., Nagpur, 2010, p. 803
[9] State of Andhra Pradesh v. Golconda Linga Swamy & Anr., 2004
(3) RCR (Criminal) 831
[10] Sheikh Hasib alias Tabarak v. The State of Bihar, (1972) 4 SCC 773
[11] Kelkar, R.V., Criminal Procedure, 5th Reprinted Ed., Eastern Book
Co., Lucknow, 2011, pp.124-125
[21] Sec. 2(o) Cr.P.C., “Officer in charge of a police station includes, when
the officer in charge of the police station is absent from the station-house
or unable from illness or other cause to perform his duties, the police
officer present at the station-house who is next in rank to such officer and
is above the rank of constable or, when, the State Government so directs,
any other police officer so present.”
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CRIMINAL LAW EVIDENCE LAW
NOTES FOR PROJECTS TOPIC WISE NOTES
A DELAYED F.I.R. IS NOT ILLEGAL
A. NALLASIVAM V. STATE
AGHNOO NAGESIA VERSUS STATE OF BIHAR
AMAR SINGH V. BALWINDER SINGH
ANALYSIS OF SECTION 154
BEGINNING OF THE INVESTIGATION
BHAJAN SINGH V. STATE OF HARYANA
CASES OF MENTAL SHOCK
COLLECTION OF EVIDENCE
COMMISSION OF A COGNIZABLE OFFENCE
CONTENTS OF A F.I.R. AS PER SECTION 154 CR.P.C.
CREDIBLE INFORMATION DELAY IN LODGING F.I.R.
DELAY IN LODGING OF F.I.R. IN CASE OF SEXUAL
ASSAULTS
DUTY OF POLICE TO RECORD F.I.R.
EMPEROR V. KHWAJA NAZIR AHMAD EVIDENCE
EVIDENTIARY VALUE F.I.R. BY AN ACCUSED
F.I.R. CAN BE USED BY THE INFORMANT TO REFRESH HIS
MEMORY UNDER SECTION 159 OF THE EVIDENCE ACT
F.I.R. CAN BE USED FOR IMPEACHING THE CREDIT OF THE
INFORMANT UNDER SECTION 155 OF THE EVIDENCE ACT
F.I.R. CANNOT BE USED AS A PRIMARY EVIDENCE OF THE
TRUTH OF ITS CONTENTS AS IT CANNOT BE SUBSTITUTED FOR
EVIDENCE GIVEN ON OATH
F.I.R. COULD BE USED FOR CONTRADICTING THE
INFORMANT AS PER SECTION 145 OF THE EVIDENCE ACT
F.I.R. COULD BE USED FOR CORROBORATING THE
INFORMANT
F.I.R. DOES NOT CONSTITUTE SUBSTANTIVE EVIDENCE
F.I.R. IS LODGED FOR A COGNIZABLE OFFENCE
F.I.R. IS NOT INTENDED TO BE AN ENCYCLOPEDIA
FIRST IN POINT OF TIME
FIRST INFORMATION REPORT
GURDEV RAJ V. STATE OF PUNJAB HEARSAY
INFORMATION
INFORMATION MAY BE GIVEN ORALLY OR IN WRITING
INQUIRY INVESTIGATION MAGISTRATE
MANDATORY CONDITIONS OF F.I.R.
MANOHAR M. KULKARNI V. STATE OF MAHARASHTRA
MEKALA RAJA REDDY V. STATE OF A.P.
OBJECT OF THE F.I.R.
OBTAIN INFORMATION ABOUT THE ALLEGED CRIMINAL
ACTIVITY
OFFICER IN CHARGE OF THE POLICE STATION
PERSONAL KNOWLEDGE POLICE OFFICER
PUBLIC DOCUMENT
PURPOSE OF RECORDING THE F.I.R. IS TO PUT INTO
WRITING THE STATEMENT OF THE INFORMANT BEFORE HIS
MEMORY FAILS OR BEFORE HE GETS TIME AND OPPORTUNITY
TO EMBELLISH IT
RAJA GOUNDER V. STATE OF TAMIL NADU
RECORDING OF F.I.R. IS NOT A CONDITION PRECEDENT TO
THE SETTING IN MOTION OF THE CRIMINAL INVESTIGATION
REPORT RES-GESTAE
SECTION 11 OF THE EVIDENCE ACT SECTION 145
SECTION 154 SECTION 155 OF THE EVIDENCE ACT
SECTION 157 SECTION 159 OF THE EVIDENCE ACT
SECTION 160 OF THE EVIDENCE ACT
SECTION 161 CR.P.C. SECTION 2(C) OF CR.P.C.
SECTION 2(H) SECTION 27 OF THE EVIDENCE ACT
SECTION 32 OF THE EVIDENCE ACT
SECTION 6 OF THE EVIDENCE ACT
SECTION 79 OF THE EVIDENCE ACT
SECTION 8 OF THE EVIDENCE ACT
SECTION 9 OF EVIDENCE ACT
SET THE CRIMINAL LAW IN MOTION
SHEIKH HASIB ALIAS TABARAK V. THE STATE OF BIHAR
STATE OF BOMBAY V. RUSY MISTRY
STATE OF HARYANA V. BHAJAN LAL
STATE OF RAJASTHAN V. OM PRAKASH
STATE OF U.P. V. NARESH AND ORS. STATION DIARY
SUBSTANTIVE EVIDENCE
THE CODE OF CRIMINAL PROCEDURE
THE FIRST INFORMATION REPORT SHOULD BE MADE
PROMPTLY
THE INDIAN EVIDENCE ACT TRIAL
WHICH OFFENCE HAS BEEN COMMITTED
2 comments
REPLY
Harpreet Kaur & Apurva Rathee says:
DECEMBER 31, 2018 AT 9:51 AM
Thank you
REPLY