— First Information Report
- What is the format of the first
information report which the police records my complaint on?
and what is an Cognizable offence ?
OF THE F.I.R.
NO. 24.5 (1)
of a Cognizable Crime Reported under Section 154, Criminal
.............................. No ..................
Date and hour of
and hour when reported
and residence of informer and complainant.
description of offence (with section) and of property
carried off, if any.
of occurence and distance and direction from the
& Address of the Criminal.
taken regarding investigation explanation of delay in
and Time of despatch from Police Station.
to be recorded below)
The signature of seal or thumb impression of the
informer should be at the end of the information
and the signature of the Writer of (FIR) should be
existed as usual.
The above is
the format and below is the law on the basis of which the
cognizable crime is recorded
given to the Police Officer for registration of a case must be
authentic. It should not be gossip but should be traced to an
individual who should be responsible for imparting information.
It may be hearsay but the person in possession of hearsay should
mention the source of information and take responsibility for
it. An irresponsible rumour should not result in registration of
2) WHO CAN LODGE AN F.I.R.?
(1) Complainant who
is an aggrieved person or some body on his behalf.
(2) By any person
who is aware of the offence (a) as an eye witness and (b) as an
(3) Provided the
person in possession of the hearsay is required to subscribe his
signautre to it and mention the source of his information so
that it does not amount to irresponsible rumour. The rule of law
is, if general law is broken any person has a right to complain
whether he has suffered an injury or not.
(a) By the accused
(b) By the SHO on
his own knowledge or information even when a cognizable offence
is committed in view of a officer incharge he can register a
case himself and is not bound to take down in writing any
information. Under the order of Magistrate uls 156 (3) Criminal
Procedure code, when a complaint is forwarded to officer
incharge without taking cognizance. If information is only hear
say, then SHO should register case only if person in posses-
sion of hearsay subscribes his signature to it and mentions the
source of his information so that it does not amount to
irresponsible rumour. The information must be definite, not
vague, authentic, not baseless, gossip or rumour, clearly making
out a cognizable case.
4) The information
is only by a medical certificate or doctor's ruqqa about arrival
of the injured, then he (SHO) should enter it in daily diary and
go to hospital for recording detailed statement of injured.
3) WHAT ABOUT F.I.R. ON TELEPHONE OR ON TELEGRAMME
Legally a case may
not be registered
(a) as there is
always a doubt about its authenticity
(b) as it does not
satisfy the tests of Section 154 Criminal Procedure Code being
not an oral statement reduced into writing; read over, admitted
correct and signed by the informer. Message to the police on
telephone that an injured person was lying amount to FIR (Sukharam
Vs. State of Maharashtra (1969) 3 SCC, 730.
On receipt of
telegram in railways case may be registered. Normally enquiry
should be made and on receipt of an original telegram which
contains the thumb impression or signatures, case may be
should begin to write FIR in the First Information Report
Register at the dictation of the informer. According to para
24.5 Punjab Police Rules, the register shall be a printed
book consisting of 200 pages and shall be completely filled in
before a new one is started. Cases shall bear annual serial
number in such Police Station for each calendar year. Every four
pages of the register shall be numbered with the same number and
shall be written at the same time by carbon copying process. The
original copy shall be a permanent record of Police Station. The
other three copies shall be submitted to (a) Superintendent of
Police or Deputy Commisioner of Police or other Gazetted Officer
nominated by him (b) to the Metropolitan Magistrate empowered to
take cognizance of the offence as is required by Sec. 157
Criminal Procedure Code. (c) one to the complainant. The seal of
the Police Station shall be put on every copy and original.
If an informer
refuses to sign the F. I. R. he is guilty of offence u / s 1 80
Indian Penal Code which is as follows..-
'Whoever refuse to
sign on any statement made by him, when required to sign that
statement by a public servant, legally competent to require that
he shall sign that statement, shall be punished with simple
imprisontment for a term which may extend to three months, or
with fine which may extend to five hundred rupees, or with
If the Police
Officers refuses to enter the FIR and instead enters in D.D.
Register a totally different and false report, he is guilty u/s
177/167/218 IPC which are as follows:-
4) WHAT IS THE OBJECT OF AN F.I.R. ?
To make a complaint
to the police to set the criminal law in motion. Its secondary
though equally important objects is to obtain early information
of an alleged criminal activity.
5) WHAT IF WE DELAY IN LODGING F.I.R. ?
The longer the
delay, the stronger the suspicion. That the case is false wholly
or in material particulars, so the delay should satisfactorily
(1) Care should
always be taken that the names of witnesses are mentioned in
F.I.R. if the names of P.Ws do not appear in it and they are
examined later on, the presumption is that they were not present
at the spot and have been procured later on.
(2) Care should be
taken that all the material facts are mentioned in FIR(as much
available at that time).
(3) Names of the
accused persons should occur in F.I,R. and their parts also. (If
information is available at that time).
(4) It is not
necessary to put up or cite all the P.Ws. in court.
6) WHAT COULD BE THE POSSIBLE REASONS OF DELAY ?
of the delay on the part of complainant is mentioned as
"DOC". Reasons of the dlelay on the part of police/ is
mentioned as "DOP".
condition of the informer (DOC).
condition of the informer (DOC).
4. Distance of
place of occurance (Both).
5. Ignorance of law
6. Late detection
of commission of crime (DOC).
7. Due to threat,
promise and undlue influence (DOC).
8. Economic &
social and undue influence (DOC).
9. Dispute over the
jurisdiction of Police Station (DOP).
10. Uncertainity of
place of occurrence due to continuous offence (DOP).
11. Shortage of
departmental formalities (including delay due to opinion of
experts ) (DOP).
Reasons of delay
should be explained in the FIR.
CAN YOUR LATER VERSION BECOME AN F.I.R.?
forming the basis of F.I.R. is found untrue and the later
version given during investigation is found true and challan is
put on that basis, can the later version given in some statement
The answer is :-
"No"………….. FIR will remain the same on which
the investigation was started. The later statement being during
investigation, even if found true cannot become F.I.R
8) WHAT IF AN ACCUSED PERSON LODGES AN F.I.R. HIMSELF ?
Sometimes it so
happens that accused after commission of crime goes to Police
Station and lodges an F.I.R, the procedural legal provision as
well as the
Indian Evidence Act
are mentioned as under:-.
Sec.162 Criminal Procedure Code. does not hit such F.I.R.
Sec.25 Indian Evidence Act, is applicable if the statement is in
the nature of confession but is relevant u/s 21 of the Indian
Sec.25 of the Indian Evidence Act "No confession made to a
Police Officer shall be proved as against a person accused of
any offence may it be before or after investigation."
the information is non-confessional, it is admissible against
the accused as an admission U/S 18/21 of the Indian Evidence Act
and is relevant.
corroborating the statement of the maker under section 157 of
the Indian Evidence Act.
contradiction of the evidence of person giving the information
U/S 145 of the Indian Evidence Act.
refreshing informers memory U/S 159 of the Indian Evidence Act.
impeaching the credit o f an informer U/S 155 of the Indian
proving the informers conduct U/S 8 of the Indian Evidence Act.
U/S 32(1) of Indian Evidence Act (Dying declaration)
U/S 6 Evidence Act when the injuries are being caused in the
presence of SHO in a Police Station.
U/S 160 Evidence Act when the informer fails to recall his
memory the facts, but he is sure the facts were correctly
reported in the FIR at the time he wrote, read it.
FIR is a public document prepared U/S 154 Criminal Procedure
Code and a certified copy of it can be given in evidence U/S 77
of Indian Evidence Act.
The FIR by an accused person cannot be treated as an evidence
against any co-accused, as it was lodged by the accused and not
by a witness.
But if information
is received that injured had been shot and had been removed to
Hospital, it is sufficient for registration of case.
As such every case
depends upon its own circumstances and the police officer should
exercise his own judgement and diligence to test the information
if it is clear, definite and based upon tangible facts to
disclose commission of cognizable or suspicion of commission of
a cognizable offence.
9) LOOKING AT F.I.R.s IN DIFFERENT OFFENCES - CONSPIRACY.
cases, a definite information which justifies registration of
case, is fairely after making some enquiries. So it is not on
every information that some persons are conspiring to do an
illegal act that an F.I.R. should be registered. "A police
man passes through three stages in conspiracy case; hears
something of interest affecting the public security and which
puts him on the alert; makes discreet enquiries, takes soundings
and sets up informations and is in the second stage of enquiry
or look out and finally gathers sufficient information enabling
him to hit upon something definite and that is the state when
first information is recorded and then investigation starts.
Hence a preliminary enquiry made by the C.I.D. Police into
relative information floating about as to the existence of the
conspiracy, the names and other details of the conspirators not
being known at the time is not investigation carried out u/s 156
F.I.R. need only be
registered when information is definite about conspirators and
their acts disclosing commission of cognizable offence.
IN CORRUPTION CASES
In cases of
corruption, not registered on traps laid, but on complaints,
always a suitable preliminary enquiry into the allegation, is
required. Such preliminary enquiries are relevant before the
registration of case and are permissible under law. But as soon
as it became clear to enquiring officer that the public servant
appeared to be guilty of severe misconduct, it was his duty to
lodge F.I.R. and proceed further in the investigation.
IN MURDER CASES
In murder cases,
following types of F.I.R.'s are recorded by police.
i) When it contains direct evidence of murder on the
basis of ocular evidence.
ii) When the Police
registers the case minimizing the offence from murder to 307 or
u/s 364 IPC to avoid its despatch to magistrate which otherwise
is essential if case is really registered for murder. This is
invariably in those cases in which the informer is not sure of
the culprits and priliminary enquiry is required by Police to
find out the facts and to show that the case was registered
iii) When a dead
body identified or unidentified is recovered, with cause of
death which is clear and the injuries are apparent the neck is
iv) When only
inquest is held to discover the cause of death and the case is
registered after the report of Medical Officer, or after the
receipt of report of chemical examiner etc with re- gard to
poison given to the deceased. Only a report is recorded in Daily
Diary at the first instance.
(v) When the death
is under suspicious circumstances and inves- tigation is
necessary which otherwise cannot be done without the
registration of case. This is mainly in cases where dead body is
not available, but the circumstances indicate that cognizable
offence has occurred.
10) WHO CAN WRITE the F.I.R.?
1) A FIR is
always to be -written by an officer incharge of a Police
Station. (Definition of officer in charge is given in Sec. 2
Criminal Procedure Code.).
2) Police officers
superior in rank to officer incharge of a police station may
exercise the same powers through the local area to which they
are appointed, as may be exercised by SHO with in the limits of
his Police Station.
3) Some times it so
happens that the information is given by the informer to a
police officer who is out in the illaqa or to an incharge of a
local police post. Strictly speaking the officers are not
officers incharge of a police station and such information
lodged with them are not.reports. These officers record the
statement of the informers and send the same on to the SHO of a
Police Station for recording F.I.Rs. These statements are
however admissible U/ S. 157 Evidence Act.
4) Jurisdiction is
an essential factor in registering a FIR.
11) WHAT ARE THE ESSENTIALS OF AN F.I.R?
officer and the complainant should know to the extent possible,
the 11 Ws while recording/reporting the FIR.
1. W - What
information has come to convey.
2. W - In what capacity.
3. W - Who committed crime.
4. W - Whom against crime committed.
5. W - When (Time)
6. W - Where(Place)
7. W - Why (Motive)
8. W - Which way (actual occurrence)
9. W - Witnesses.
10. W - What was taken away.
11. W - What traces were left by the accused.
12) DESCRIPTION OF CULPRITS IN F.I.R.
officer should try to fix clearly the identity of accused, the
P.Ws. and of the stolen property, (to the extent possible).
13) WHAT IS THE EVIDENTIARY VALUE OF F.I.R. ?
FIR being not
substantive piece of evidence it can be used in the following
ways : - 9
1 . For
corroboration purposes. It can not be ignored altogether and can
be used to corroborate the statement of the eyewitnesses.
contradicting the evidence of person giving the information.
3. For proving as
an admission against the informer.
4. For refreshing
5. For impeaching
the credit of an informer.
6. For proving
7. For establishing
identity of accused, witnesses & for fixing spot time as
relevant facts u/s 9 Evidence Act. Cases : 1968 M.P. 45.
14) WHEN DOES F.I.-R. BECOME SUBSTANTIVE EVIDENCE ?
1 . During
declaration when a person deposing about the cause of his death
had died(dying declaration).
2. When the
injuries are being caused in the presence of SHO in PS and the
injured makes a state- ment to the SHO saying that accused was
3. When the
informer who has written the FIR or read it, fails to recall
memory those facts but is, sure that the facts were correctly
represented in FIR at the time he wrote it or read it.
15) WHAT HAPPENS TO THE F.I.R. FINALLY ?
there is sufficient evidence a CHALLAN is prepared.
2. When there is
insufficient evidence, F.I.R is declared as UNTRACE.
3. When FIR is
found to be false or is transferred to other Police Station on
point of jurisdiction, it is decided as CANCELLED.
registering the FIR the contents of the FIR can not be changed.
Only High Court can quash the FIR.
Q. 16) SPECIAL REPORT AND ITS IMPORTANCE - ADDITIONAL
INFORMATION ON WHAT HAPPENS TO THE F.I.R.s AS A FOLLOW UP
The police is
required to send the. copy of F.I.R. to the lllaqa Magistrate
immediately after registration of the case u/s 157 Criminal
Procedure Code. and under the rules framed by Police. A special
report, primarily the copy of F.I.R. in cases of heinous nature
like murder, dacoity, and all specially reported cases (24.5
P.P.R.) (Punjab Police Rules) is also to be sent immediately
after registration of such a case to the Illaqa Magistrate. Copy
of FIR is given to S.P/DCP. of the District for administrative
purpose. Even when a case is registered under minor offence, the
special report needs to be sent, immediately graver offence
requiring despatch of special report, is made out. The
magistrate on its receipt gives the date and time of receipt on
it and this is guarantee of its being recorded by Police at the
specified date and time given in it. In case of delay in its
despatch to magistrate, there are two presumptions;
(i) That it
was not recorded at the time and date given in it and was
antitimed or antidated;
(ii) That the delay
had been occasioned due to preliminary enquiries made by Police
to find out culprits or to spin out a story, to introduce
improvements and embellishments and to set up distorted version.
An unexplained delay in sending F.I.R./S.R. evokes suspicion.
In many a case, the
delay is explained by police by coining any excuse as in 1973
Recent Laws 35, it was held to be a usual story of punctured
cycle. The explanation must be satisfactory and acceptable. If
no explanation is forthcorn- ing, then it creates a doubt in the
minds of judicial officers as to the genuineness of F.I.R.
Write the statement
of Constable who takes special report to Magistrate separately
u/s 161 Criminal Procedure Code. the delay, if any, should be
explained in his statement. The Constable should get the receipt
of Magistrate with time and date on the cover of the envelope
and preserve it. Both going and return of Constable is to be
recorded in daily dairy (with cause of delay if any).
(a) The F.I.R.
shall be sent to the Magistrate immediately in the Court during
Court hours and at his residence thereafter.
(b) If Magistrate
concerned is out of station then to be submitted to Duty
(c) If Magistrate
is not available after Court hours then the mes- senger will
leave at his residence giving the date and hour of delivery on
(d) If an account
of difficulties in communication or other rea- sons the delivery
is delayed the reasons and delay shall be recorded on the cover.
(e) The Magistrate
shall put his initials and the date and hour of receipt.
17) WHAT IS THE FORMAT OF INFORMATION IN CASE OF NON-COGNIZABLE
INFORMATION IN RESPECT OF
NON-CONGIZABLE OFFENCE (N.C.R)
Section 155 Criminal Procedure Code
& Time of Report
& Residence of Complaint
of offence with Section
of occurence time & date
and Full address of witness
What is the DIFFERENCE BETWEEN COMPLAINT & F.I.R.
Made before the Metropolitan
'Made before the SHO
Complaint can be of cognizable or
FIR lodged in Congnizable offences .
Only aggrieved person submit complaint ul s 195, 198
199 Cr. P.C.
Any person, who has a knowledge of the happening
of cognizable offence.
CHART OF what an F.I.R. IS AND what IS NOT an FIR ?
(Sec. 154. Criminal
relating to cognizable crime.
gossip or hearsay.
|2. Given to
the officer-in-charge of Police Station.
|3. First in
Information not given to officer-in-charge of police
From the above, the
following ingredients can be made out:-
1) It must be
information relating to the commission of a cognizable offence.
2) It must be given
to an officer-in-charge of a police station.
3) It must be
reduced to writing, if given orally.
4) It should be
appended by the signature of the informer (Refusal to sign the
report is punishable u/s 180 IPC).
5) It should be
read over to the informer.
6) The gist of the
information should be entered in the Station General Diary.
7) A copy should be
given forthwith free of cost to the informer.
Informer must be
produced in the court to prove and corroboration of it.
1. FIR should be
2. It should be
recorded in first person.
towards the vicitirn should be sympathetic.
4. Technical words
should be avoided and as far as possible language of the
inforrner/complainant should be used .
complaint should be taken.
6. But complainant
should be at descrect to give written statement.
statement should be duly signed or thumb impressioned.
8. Only a report of
congnizable offence should be lodged in FIR.
information should be mentioned in FIR.
10. Place, Date
& Time of occurrence should be mentioned in the FIR.
11. Arrival &
Departure of the informer should be mentioned in the FIR as well
as Daily Dairy Register.
12. Delay, if any,
in registering the case should be covered in FIR.
13. 1 1 "Ws'
should be strictly followed.
& Role of every accused involved in the Commission of
offence should be covered in FIR.
15. Kind of
physical damage & property destroyed should be mentioned in
the FIR. 1
16 Weapon of
offence and observation of Scene of crime should be mentioned in
number, if any, of the complainant should also be mentioned.
18. Four copies of
FIR should be prepared simultaniously by carbon paper process.
19. FIR should be
lodged in neat & clean hand writing and be kept in safe
custody being a permanent record.
20. A copy of FIR
should be sent to MM concerned immediately.
21. A copy of FIR
should be provided to the complainant free of cost.
should not be puzzled.
2. Harsh language
should not be used.
should be avoided.
4 . Unnecessary
details should be avoided.
5 . Over-writing/
scoring should be avoided.
6 . Offence should
not be minimized.
7 . Do not forget
to take thimb impression or signature of the informer.
8 . FIR should not
be lodged on the basis of telephone telegram or hearsay rumour
without verifying the facts and getting the signature of the
WHAT ACTION CAN BE EXPECTED FROM THE POLICE IN NON-COGNIZABLE
1. The information
regarding non-cognizable offence ought to get lodged in the
Daily Diary Register.
ought to get advised & briefed properly to
approach the Court.
3. Police officer
can not investigate into the Non-congnizable cases without the
order of the court hence complainant should be informed.
4. A copy of DD
entry duly signed ought to be provided to the complainant free
5. If orders
regarding investigation into non-cognizable cases is received
the same procedure should be adopted as in the cognizable
6. Orders of the
court should be obtained to arrest the accused in Non
congnizable cases after the investigation .
7. If one of the
offences in the commission of crime is cognizable office then
Non-congnizable offence should also be investigated in the same
manner( as Cognizable offences are investigated.
20) WHAT DOES THE POLICE DO WHEN THE COMPLAINTS ARE DOUBTFUL.
in accordance with
P.P.R. 24.4. if the information or other intelligent relating to
the alleged commission of a cognizable offence is such that an
officer-in-charge of the police station has reason to suspect
that the alleged offence has not been committed, he shall record
the same in the station diary alongwith his reasons for not
investigating the crime and also nulify the informer.
(i) Inspector or
Supervising Officer can direct the investigation in such case
and may send the report to the District Magistrate for perusal
(ii) If such
information or intelligence relates to commission of offence uls
489 IPC, the same shall be recorded uls 154 Criminal Procedure
Code. in the station diary as well as the special report as per
P.P.R. 24.16 shall be submitted and also the source of movement
of the note at which cognizable offence appears to have been
made committed, in that case, a case shall be regis- tered in
the police station concerned and investigation u/s 157 Criminal
Procedure Code. shall be made
21) what if any one gives false information to the police ?
See. 177 IPC.
Furnishing false information
legally bound to furnish information on any subject to any
public servant, as such, furnishes, as true, information on the
subject which he knows or has reason to believe to be false,
shall be punished with simple imprisonment for a term which may
extend to six months.' or with fine which may extend to one
thousand rupees, or with both.
Or, if the
information which he is legally bound to give respects the
commis- sion of an offence, or is required for the purpose of
preventing the cornmis- sion.of an offence, or in order to the
apprehension of an offender, with im prisonment of either
descriptionfor a term which may extend to two years, or with
fine, or with both".
Sec. 182 IPC:
"False information with intent to cause public servant to
use his power to the injury of another person.
'Whoever gives to
any public servant any inforrnation which he knows or believes
to be false, intending thereby to cause, or knowing it to be
likely that he will thereby cause, such public servant
(a) to do or omit
anything which such public servant ought not to do or omit if
the true state offacts respecting which such infor- mation is
given were known by him, or
(b) to use the
lawful power of such public servant to the injury or annoyance
of any person.
shall be punished
with imprisonment of either description for a term which may
extend to six months, or u,,ith fine which may extend to one
thousand rupees, or u7ith both.
False charge of
offence made with intent to injure.
intent to cause injury to any person, Institutes or causes to be
instituted any criminalproceeding against thatperson, or falsely
charges any person with having committed an offence, knowing
that there is nojust or lawful groundfor suchproceeding or
charge against thatperson, shall be punished u7ith imprisonment
of either description for a term which may extend to two years,
or udthfzne, or with both.
And if such
criminal proceeding be instituted on a false charge of an
offence punishable with death, imprisonrnentfor life or
imprisonment for seven years or upwards, shall be punishable
with imprisonment of either description for a term which may
extend to seven years, and shall also be liable to fine'.
22) WHAT IF A POLICEMAN RECORDS YOUR F.I.R. WRONGLY ?
Sec. 167 IPC:
Public servant disobeying law, with intent to cause injury to
Whoever, being a
public servant, and being, as suchpublic servant, charged with
the preparation or translation of any document, frames or
translates that document in a manner which he knows or believes
to be incorrect, in- tending thereby to cause or knowing it to
be likely that he may thereby cause injury to any person, shall
be punished udth imprisonment of either description for a term
which may extend to three years, or with fine, or with both'.
Public servant framing incorrect record or writing with intent
to save person from punishment or property from forfeiture.
Whoever, being a
public servant, and being as such public servant, charged with
the preparation of any record or other writing, frames that
record or writing in a manner which he knows to be incorrect,
uath intent to cause, or knowing it to be likely that he will
thereby cause, loss or injury to the public or to any person, or
with intent thereby to save, or knowing it to be likely that he
will thereby save, any person from legal punishment, or with
intent to save, or knowing that he is likely thereby to save,
any property from forfeiture or other charge to which it is
liable by law, shall be punished with im- prisonment of either
description for a term which may extend to three years, or
withfine, or with both.
If the informer
gives false report,. he is liable to be prosecuted u/s 182 or
211 IPC which are as follows:
Sec. 166 IPC:
disobeying law, with intent to cause injury to any person.
bring a public servant, knowingly disobeys any direction of law
as to the way in which he is to conduct himself as such public
servant, intending to cause, or knowing it to be likely that he
will, by such disobedience, cause injury to any person, shall be
punished with simple imprisonment for a term which may extend to
one year, or with fine, or with both.
Sec. 217 IPC:
disobeying direction of law with intent to save person from
punishment or property from
being a public servant, knowingly disobeys any direction of the
law as to the way in which he is to conduct himself as such
public servant, intending thereby to save, or knowing it to be
likely that he will thereby save, any person from legal
punishment, or subject him to a less punishment than that to
which he is liable, or with intent to save, or knowing that he
is likely thereby to save, any property from forfeiture or any
charge to which it is liable by law, shall be punished with
imprisonment of either description for a term which may extend
to two years, or with fine, or with both.