CODE OF CRIMINAL PROCEDURE

What is FIR? What is its evidentiary value?

FIR stands for First Information Report. It is a written document prepared by police when
they receive information about a cognizable offence. Any person aware of the commission of
the cognizable offence may give information to the police and may, thereby set the criminal
law in motion. Such information should be given to the officer in-charge of the police station
having the jurisdiction to investigate the offence. The information so received shall be
recorded in such a form and manner as provided in Section 154. That section is intended to
ensure making of an accurate record of information given to the police. According to that
section:

If the information is given orally to the officer in charge of the police station, it shall be
reduced to writing by the officer himself under his direction.

If the information is given in writing, or if reduced to writing as mentioned above, the writing
shall be signed by the informant.

When the information is given by a woman against whom any of the offences under Sections
326 [A], [B], 354, 354 [A-D], 376, 376A-376E OR 509 IPC is alleged to have been
committed or attempted, such statement shall be recorded by a woman police officer or any
woman officer. The legislative intention appears to be that in case a woman police officer is
not available, services of any woman government servant can be utilized for recording the
statement. It is also provided that the statement of woman, either physically or mentally
disabled, and against whom any sexual offence is alleged to have been committed shall be
recorded with the help of an interpreter or special educator and such recording shall be video
graphed.

The information as taken down in writing shall be read over to the informant.

The substance of the information shall then be erected, by the police officer, in a book to be
kept by such an officer in the form prescribed by the state government. This book is called
the ‘station diary’ or general diary

A copy of the information as recorded above shall be given forth with free of cost to the
informant.
If the officer of the police station refuses to record the information, any person aggrieved by
such refusal may send, in writing and by post, the substance of such information discloses the
commission of a cognizable offence, he shall either investigation the case himself or directs
an investigation to be made by the police officer subordinate to him. Such an officer shall
have all the powers of an officer in charge of the police officer in charge of the police station
in relation to that offence.

The evidentiary value of the FIR is far greater than that of any other statement recorded by

the police during the course of investigation. Therefore, the question whether a statement is

an FIR or is one made after the receipt of the FIR, assumes importance. It has categorically

been ruled by the Supreme Court that the fact information was the first in pint of time does

not by itself clothe it with the character of the FIR. Sometimes, it may happen that more than

one person go at or about the same time and make statements to the police officer has to use

common sense and record one of the statements as the FIR. Case law on this vexed question

seems to show the trend of court’s acceptance of the FIR as statements which give

circumstances of the crime with a view that the police officer might proceed to investigate.

In this view the Supreme court accepted as FIR a statement which the police officer recorded

on the next day of occurrence, though he visited the place on the day of occurrence itself.

2). When a statement amounts to FIR?

In the case State of Haryana v. Bhajan Lal the Supreme court rules that that the word

“information” in Section 154 is not qualified as reasonable, it is the duty of the police to

register the information under Section154. In the case Davinder v. State of Haryana, the

Punjab and Haryana police prescribes that the police is bound to formally register a case and

then investigate into the crime. In the context of the provision the Magistrate directed the

police officer to register an FIR and start the investigation. However, if any oral information

relating to the commission of the cognizable offence is given to the officer proceeds to the

scene of the offence and there records statements of witnesses, none of such statements
would amount to an FIR. Because, in such a case the real FIR is the unrecorded oral

information given to the Station House Officer (SHO) by the informant.

The constitutional bench of the Supreme Court has settled the position in Lalita Kumari v.
State of U.P, on the following rules:

➢ On information of a cognizable offence, registration of an FIR is mandatory.

➢ Arrest of an accused immediately on registration of an FIR is not mandatory.

➢ If the information received does not disclose a cognizable offence but indicates the
necessity for an inquiry, a time-bound preliminary inquiry may be conducted only to
ascertain whether cognizable offence is disclosed or not;

➢ As to what type and in which cases preliminary inquiry is to be conducted will depend on
the facts and circumstances of each case.

If on the basis of the FIR the SHO has the reason to suspect the commission of a cognizable
offence, he required forthwith to send a report of the same to the magistrate concerned.
Usually a copy of the FIR is filed with the magistrate in compliance with the above
mentioned requirement of sending the occurrence report. Unreasonable delay in sending the
occurrence report to the Magistrate is bound to cast some shadow on the prosecution case
and
might lead to inference adverse to the prosecution party
Question: 3 Who can record the confession of an accused? What precautions should be
taken by him in recording the confession?

Confession: Is a statement by which a person acknowledges his or her guilt. A confession is

considered by law specialists to be the ultimate evidence of guilt.

Person can record a confession is:

Any Metropolitan Magistrate or Judicial Magistrate under section 164 of CrPC may record
any confession or statement made to him in the course of an investigation.

Precautions taken by him in recording the confession is mentioned under section 164 of
CrPC:
The Magistrate shall, before recording any such confession, explain to the person making it
that he is not bound to make a confession and that, if he does so, it may be used as evidence
against him; and the Magistrate shall not record any such confession unless, upon
questioning the person making it, he has reason to believe that it is being made willingly.

In the case of Palvinder Kaur v State of Punjab the Supreme Court approved the Privy
Council decision in Pakala Narayan Swami case over two scores.

Firstly, that the definition if confession is that it must either admits the guilt in terms or admit
substantially all the facts which constitute the offence. Secondly, that a mixed up statement
which even though contains some confessional statement will still lead to acquittal, is no
confession. Thus, a statement that contains self-exculpatory matter which if true would
negate the matter or offence, cannot amount to confession.

NAME: SHALENDER

ENROLLMENET NO. : 19FLUCDDN01015