Fir recording of first information report under section 154 crpc

Someone has stolen my car. I went to the police station to lodge my FIR, but the officer on duty has refused to register it. He said that your information is vague and you produce some evidence regarding theft. I tried to convince him about the offence, but he was adamant about registering my FIR.

Then I contacted a lawyer and demanded five thousand rupees for filing a complaint to the Magistrate. I am wandering to register my FIR. Please help. I have read that recording of FIR is mandatory. The police officer cannot refuse. Please tell me the essential elements of fir.

Question from - Criminal Law | FIR

The police officer has no power to refuse to register the FIR if it discloses the commission of a cognisable offence. The theft is a cognisable offence. However, the code of criminal procedure (crpc) does not define FIR but the information recorded by the police officer under section 154 crpc is the First Information Report (FIR).

When the police officer refused to register FIR, then you can send the same information to the Superintendent of Police (SP) of your district by registered post. Section 154(3) CrPC provides such a remedy. The informant can intimate the SP about the commission of a crime. Then the SP has power to either himself investigate the case or direct the officer-in-charge of the police station to do so.

Generally, the criminal law sets in motion after the recording of FIR. Therefore, it has intrinsic value not only for an investigation but also for the trial. Hence, the supreme court held that the recording of FIR is mandatory. The police officer has no discretion in this respect.

It is mandatory that the FIR must disclose the commission of a cognisable offence. The severe crimes categorised as a cognisable offence. The police officer has exclusive power to investigate the cognisable offence without an order of the Magistrate.

In State of Haryana v Bhajan Lal AIR 1992 SC 604 the Supreme explained the condition mandatory for the recording of FIR:

  1. There should be a piece of information
  2. That information must disclose the commission of a cognizable offence.

A police officer is bound to register the FIR

Section 154 mandates that officer in charge of the police station (SHO) cannot refuse to register the FIR. He has no discretionary power to decide whether information should be recorded or not.

If it infers from the information that a cognisable offence has been committed, then he is bound to register and initiate the investigation.

In Lalita Kumari v. Govt. of U.P., (2014) 2 SCC 1 the constitutional bench of Supreme Court is held that

“The registration of FIR is mandatory under section 154 crpc if the information discloses the commission of a cognizable offence and no preliminary investigation is permissible in such a situation.”

Mode of recording

The officer in charge of the police station cannot demand from the informant to give evidence of the offence. The person can give the information either orally or in writing. The police shall record the FIR and give a copy thereof at free of cost to the informant. He also enters the essence of FIR in the General Diary (GD). 

Hence, you may give information either orally or in writing. The police officer shall take your signature thereon.

Precautions before the filing of FIR   

The information must be correct and does not implicate the innocent person. Giving false information is an offence punishable under section 182 of the Indian Penal Code.

FIR should be recorded immediately or within the reasonable time of the commission of an offence.

The reason for delay must adequately be explained in the FIR. Inordinate delay in recording of FIR creates doubts about its genuineness. It gives the accused a chance to approach the High Court under section 482 crpc for quashing of FIR.

If you don’t know the accused register the FIR in unknown person, it is the duty of investigating officer to collect the evidence and search the accused.

Don’t record more than one FIR in respect of the same offence. In T. T. Antony v. State of Kerala 2001 SCC, the Supreme Court is held that there cannot be two or more FIR against the same offence.

If you received some additional information about the same offence, you could produce them to the investigating officer during the investigation. He shall record them under section 161 of the crpc. Don’t file a supplementary FIR with the additional information.

These are some crucial points towards the first information report:

  • Any person can lodge FIR which has information about the commencement of a cognizable offence.
  • The information recorded by the officer in charge of the police station following the procedure of section 154 crpc is called FIR.
  • Secret and anonymous information does not treat as first information report.
  • The information must relate to the commission of a cognizable offence.
  • Statement recorded by the investigating officer in the course of the investigation may not be a part of the first information report.
  • The informant is not bound to give the name of accused; therefore, the absence of the name of accused in FIR is necessarily not fatal.
  • The police officer is bound to furnish a copy of the first information report to the informant at free of cost.
  • The investigation starts, and criminal law comes in motion immediately after the recording of a first information report.
  • The police officer has no power to refuse to record the FIR if the information discloses the commission of a cognizable offence.

Ask A Question

You can ask your question to Mr Shivendra Pratap Singh, (Advocate, High Court Allahabad, Lucknow Bench)

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