Lakshay
FIR (First Information Report) Section-154 CrPC - Its procedure and how it is mandatory for a police officer to file the report
Lakshay Parmar 14 Feb 2020

FIR (First Information Report) Section-154 CrPC - Its procedure and how it is mandatory for a police officer to file the report

The primary function of filing FIR is to record all the minute details and put the case into motion as was held in State of U.P Vs Krishna Mater & Ors, 2010 (2) L.S 42 (SC). The clause concerning FIR in Indian law is Section-154 of the CrPC, 1973. The report you file under Section-154 is known as FIR. One point to consider when filing an FIR is that it must be filed in conjunction with identifiable crimes. The plaintiff or anyone on his behalf usually files this, but in some cases it may be filled by the defendant too. An FIR must be in writing and a complaint must be entered in a book which will be kept at the police station.

 

Though the FIR is an important document in the initiation stage of a case but it is also provided that it cannot be used as evidence against the accused but it can be used to corroborate or contradict the informant under Section-157 and Section-145 of the Evidence Act 1872, if he/she is listed as a witness of a case.  

Unless the maker gives a satisfactory explanation, a delay in filing FIR will not be permissible. Where the maker offers adequate explanation such as the complainant's physical condition, natural calamities, the complainant's law ignorance, or any compensation he has provided for FIR filing. Though it is advised to file an FIR immediately as any delay may arouse suspicion on the complainant’s part.

Usually, an FIR is filed at a police station but in special circumstances it can be filed at the residence of a person as mentioned in Section-154.

 

With the introduction of internet services, in some states a person can also file an online FIR, but the traditional method mentioned in CrPC in Section-154 and is stated below:

·         The police must write down the information on the commission of a known crime told orally by the complainant.

 

·         As a person who provides or reports, it is your right to request that the information submitted by you to the police be read to you.

 

·         Upon recording the information by police, the individual providing the information must sign the report.

 

·         A complainant must verify that the information the police has recorded is according to the information that he/she provided and subsequently sign the report.

 

·         Those unable to read or write, after being sure that it is an accurate record, need to make their left thumbprint on the paper.

 

·         Always ask the police officials to handle you a copy of the FIR, unless you are provided by the officials. You are allowed to have it free of charge.

 

Now filing of an FIR is also done digitally. It is done to provide convenience to the aggrieved people. The procedure for the same is mentioned below:

 FIR (online or offline), must be filed immediately after an offence has been committed and in case of any delay in filing, it must be duly mentioned in the report. A Constitution Bench of the Supreme Court in the case of Lalita Kumari v Govt of U.P [W.P. (Crl) No; 68/2008] gave certain guidelines and held that, according to Section 154 of the Code of Criminal Procedure, registration of the first information report is compulsory where it discloses commission of an offence that is cognizable and no preliminary inquiry is required in this situation. In the case of a cognizable crime and the need of investigation, the information received may only be reviewed in advance in order to see if a cognizable offence is or is not revealed.

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Adil hussain Malla   27 Jun 2020 4:08pm
Good nyc
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Palak   17 Apr 2020 4:59pm
FIR is a valuable piece of evidence in any criminal trial either for corroborating evidence or for contradicting witnesses, FIR can be used to corroborate the Informant under S. 157 of Indian Evidence Act, 1872, or contradict the witness under S. 145 of the same Act if the informant is called as a witness in the trial.
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