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FIR : First Information Report – Section 154 CrPC

An information given under sub-section (1) of section 154 CrPC is commonly known as first information report (FIR) though this term is not used in the Criminal Procedure Code (in short CrPC).

It is the earliest and the first information of a cognizable offence recorded by an officer-in-charge of a police station. It sets the criminal law in motion and marks the commencement of the investigation which ends up with the formation of opinion under section 169 or 170 CrPC, as the case may be, and forwarding of a police report under section 173 CrPC. It is quite possible and it happens not infrequently that more information than one are given to a police officer-in-charge of a police station in respect of the same incident involving one or more than one cognizable offences. In such a case he need not enter every one of them in the station house diary and this is implied in section 154 CrPC. Apart from a vague information by a phone call, the information first entered in the station house diary, kept for this purpose, by a police officer-in-charge of a police station is the first information report- FIR postulated by section 154 CrPC. All other information made orally or in writing after the commencement of the investigation into the cognizable offence disclosed from the facts mentioned in the first information report and entered in the station house diary by the police officer or such other cognizable offences as may come to his notice during the investigation, will be statements falling under section 162 CrPC. No such information/statement can properly be treated as an FIR and entered in the station house diary again, as it would in effect be a second FIR and the same cannot be in conformity with the scheme of CrPC

Purpose and Object of FIR

The purpose of registration of FIR is manifold that is to say
(1) To reduce the substance of information disclosing commission of a cognizable offence, if given orally, into writing.
(2) If given in writing to have it signed by the complainant.
(3) To maintain record of receipt of information as regards commission of cognizable offences.
(4) To initiate investigation on receipt of information as regards commission of cognizable offence.
(5) To inform Magistrate forthwith of the factum of the information received.

Evidentiary Value of FIR.

FIR is not a piece of substantive evidence. It can be used only for limited purposes, like corroborating under section 157 of the Evidence Act or contradicting (cross-examination under section 145 of Evidence Act) the maker thereof, or to show that the implication of the accused was not an after-thought. It can also be used under section 8 and section 11 of the Evidence Act. Obviously, the FIR cannot be used for the purposes of corroborating or contradicting or discrediting any witness other than the one lodging the FIR. It cannot be used for corroborating the statement of a third party. If the FIR is of a confessional nature it cannot be proved against the accused-informant, because according to section 25 of the Evidence Act, no confession made to a police officer can be proved as against a person accused of any offence. But it might become relevant under section 8 of the Evidence Act.

What you will do when police officer refuse to register FIR

When a police officer-in-charge of a police station or any other police officer, acting under the directions of the officer-in-charge of police station refuses to register information, any person aggrieved by such refusal may send in writing and by post, the substance of such information disclosing a cognizable offence, to the Superintendent of Police under section 154(3) or to the Magistrate concerned under section 156(3) of the CrPC.

Punishment for giving false information. 

Punishment for giving false information to the police is dealt with by sections 182, 203 & 211 of IPC. Even if such information is not reduced to writing under Section 154(1) of CrPC, the person giving the false information may nevertheless be punished for preferring a false charge under section 211 of IPC. A police officer refusing to enter in the diary a report made to him about the commission of an offence, and instead making an entry totally different from the information given, would be guilty under Sections 166A and 177 of IPC.

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  • Sandeep!

    There is a case where someone did fraud through ATM card and he withdrawal sum of Rs. 92500/-. In which section we can complaint please guide asap.

    • Hi Sandeep
      You haven’t provided any details regarding how the fraud was happened, I mean the money was withdrawn from bank account, was the money withdrawn from any ATM or using any online payment gateways.

      See, Bank has to protect it’s customer and their account, frauds are happening for less awareness on Securities by the customers.

      In your case, I would like to advise you to approach your bank for the same issue. Bank has to compensate for your loss along with interest as applicable.

      If your bank is not willing to help you then you can go to state consumer forum (also known as Consumer Court) and file a suit under Section 66C, 66D of IT Act 2000 and Section 420 of IPC.

      • Sandeep!

        Thanks to the team for such a quick response your words are Important for us!!!

        This case happen with my father as he is leaving with a small town Gohana Haryana. On 7th of November he was in HDFC ATM for a withdrawal of sum of Rs.10000/- what happen a guy behind him watching the process of transportation. Once paa completed his transactions he got engaged with money counting till that the person who was behind pull out the card from ATM machine and gave it to my father fraude happen here he gave the wrong ATM as it was the same bank ATM so father took and put it on his pocket.

        Yesterday morning when he went to the bank for the money they informed him that you’ve withdrowled all amounts from your accounts on 7th n 8th of November and also did accounts transfer on 17th of November they also proved the complete bank statement. The accounts where money was transferred registered with the name of Moh. Jamshed allam at SBI asaf ali road branch delhi and the addres (Amarpuri Paharganj) and phone number given to bank both are fake as per my inquiry which i did yesterday.

        Now we’re really hope less as after 2 month my sister is getting marry. We don’t know how and where we can get this Mr. Allam.

        ATM that he changed with paa again was a looted piece from someone else because it was the name of Mr. Jarnel Singh.

        Plz suggest what should we do ti get our hard earned money back.

        Thanks,
        Sandeep!

        • Meet your lawyer as aoon as possible and file a suit in consumer forum against your Bank and also file a FIR against that guy who exchanged ATM card from your father….

          • Sandeep!

            How a bank is in guilty in this case. Or how n In which section we can book bank?

          • This is what we can help you at max,….. Now, you should consult your lawyer and on his advice file a suit against your bank as soon as possible….

            Section 43A of the IT Act 2000.
            Compensation for failure to protect data, your bank shall be liable to pay damages by way of compensation.

            Section 17 of the Indian Contract Act, 1872.
            For fraud Bank Account.

  • Vikas Chauhan

    ..

  • Poorva Bansal

    Can someone request SC to file FIR in grievous matters. Has there been any case?

    • Short Answer “No”
      Let me tell you in detail, Supreme Court has many important works than filing FIR, if the matter is with extra seriousness or grievous than you can approach to the higher police authority such as Superintendent of Police or Deputy Commissioner of Police or even higher ranked Police Officers, further you can file a private complain before a Magistrate. Why you want Supreme Court to file FIR. However, if there is such instance than Supreme Court may order Police Department to initiate investigate.

      LawBaba team don’t know if there is any case where Supreme Court has registered FIR.

      Hope it helps! 🙂

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