First Information Report (FIR)

A First Information Report (FIR) is a formal written document prepared by the police in India when they receive information about the commission of a cognisable offence—an offence for which the police have the authority to investigate and arrest without a warrant. The FIR is a critical procedural instrument in the Indian criminal justice system as it sets the process of criminal investigation into motion. Governed by Section 154 of the Code of Criminal Procedure (CrPC), 1973, it serves as the first official record of a criminal case and plays a vital role in ensuring transparency and accountability in law enforcement.

Legal Definition and Purpose

Under Section 154(1) of the CrPC, every information relating to the commission of a cognisable offence, if given orally to an officer in charge of a police station, must be reduced to writing, read over to the informant, and signed by them. This record is the First Information Report.
The FIR’s primary purposes are to:

• Set the criminal law in motion for the investigation of a cognisable offence.
• Provide an official record of the complainant’s statement at the earliest stage.
• Protect individuals from false implication by ensuring that allegations are recorded promptly and accurately.
• Serve as a reference document during judicial proceedings.

The FIR does not constitute substantive evidence but can be used to corroborate or contradict the informant’s testimony during trial.

Cognisable and Non-Cognisable Offences

The distinction between cognisable and non-cognisable offences is crucial for understanding FIR applicability:

• Cognisable offences include serious crimes such as murder, rape, theft, dacoity, and kidnapping, in which the police can arrest without a warrant and begin investigation immediately.
• Non-cognisable offences—such as defamation or public nuisance—require a magistrate’s order before investigation can proceed.

An FIR is registered only for cognisable offences. For non-cognisable offences, the police prepare a Non-Cognisable Report (NCR) and refer the matter to a magistrate under Section 155 of the CrPC.

Procedure for Filing an FIR

The process for filing an FIR is defined to ensure accessibility and fairness. Key steps include:

1. Reporting the Information:
   • The informant may approach the officer-in-charge of the police station having jurisdiction over the area where the offence occurred.
   • Information may be given orally or in writing, and even telephonically or online in some states.
2. Recording:
   • The police officer must record the information verbatim and read it aloud to the informant to confirm accuracy.
3. Signature of the Informant:
   • The informant signs the document after verifying its correctness. Refusal to sign may be noted by the officer.
4. Registration of the Case:
   • The FIR is assigned a unique FIR number and entered into the station diary or case register.
5. Provision of a Copy:
   • A free copy of the FIR must be provided to the informant as per Section 154(2) of the CrPC.

Once registered, the police are legally bound to investigate the matter and submit a Final Report or Charge Sheet to the court upon completion of the investigation.

Essential Contents of an FIR

A valid FIR should contain the following details:

• Name, address, and contact information of the informant.
• Date, time, and place of the alleged offence.
• Nature and description of the offence.
• Names and descriptions of the accused (if known).
• Names of witnesses (if any).
• Detailed account of the incident.
• Signature or thumb impression of the informant.

Accuracy in these details is essential to prevent procedural delays and ensure proper investigation.

Rights of the Informant and Victim

The law guarantees several rights to the complainant or victim when filing an FIR:

• The right to have the information recorded accurately and to receive a copy free of cost.
• The right to have an FIR registered without delay, irrespective of social status or identity.
• In case of refusal by police to register an FIR, the complainant may:
  • Approach the Superintendent of Police under Section 154(3) of the CrPC.
  • File a complaint before a Judicial Magistrate under Section 156(3), who can direct the police to register the FIR.
• The right to information regarding the progress of the investigation under the Criminal Law (Amendment) Act, 2013.

The Supreme Court of India, in cases such as Lalita Kumari v. Government of Uttar Pradesh (2014), has held that registration of an FIR is mandatory if information discloses a cognisable offence. Preliminary inquiry is permissible only in limited cases such as matrimonial disputes, commercial offences, or medical negligence.

Electronic and Online FIRs

With advancements in digital governance, several Indian states have introduced online FIR registration systems through police department websites and mobile applications. These platforms facilitate:

• Filing of e-FIRs for certain offences such as vehicle theft or missing persons.
• Tracking of complaint status and access to registered FIR copies.
• Reduced procedural delays and improved public accessibility.

However, for serious cognisable offences, physical verification at the police station may still be required.

Evidentiary Value of an FIR

Legally, the FIR is not substantive evidence; it merely sets the investigative process in motion. Nevertheless, it holds evidentiary value under the Indian Evidence Act, 1872:

• It may be used to corroborate or contradict the statement of the informant under Section 157 and Section 145 of the Act.
• It serves as an early record of the facts and circumstances, providing insight into the complainant’s immediate perception of the event.

Courts often assess the timing, content, and authenticity of the FIR to evaluate its reliability.

Delayed or False FIRs

Delay in lodging an FIR can raise doubts regarding its credibility, although such delay is not automatically fatal to prosecution if satisfactorily explained (e.g., trauma or lack of access to the police).
Filing a false FIR constitutes a criminal offence under Sections 182 and 211 of the Indian Penal Code (IPC), punishable by imprisonment or fine. This ensures that the process is not misused for harassment or malicious intent.

Role in the Criminal Justice Process

Once an FIR is registered, it triggers the formal investigative process. The police must:

• Visit the scene of the crime and collect evidence.
• Record witness statements.
• Arrest suspects (if necessary).
• Submit a Charge Sheet under Section 173(2) of the CrPC after completing the investigation.

The FIR thus forms the foundation of the criminal trial, guiding both police inquiry and judicial proceedings.

Importance and Societal Role

The FIR represents the citizen’s first point of contact with the criminal justice system and ensures that the machinery of law is accessible to all. It upholds the constitutional principles of justice, equality, and due process, offering a formal mechanism for redressal of grievances.
By mandating prompt registration and transparent documentation, the FIR acts as a safeguard against arbitrary police conduct and strengthens public trust in law enforcement.