FIR (First Information Report)

What is an FIR (First Information Report)?

A **First Information Report (FIR)** is the first formal document that sets the criminal justice machinery in motion. It is a written record of information received by the police about the commission of a **cognizable offence**. When someone reports a crime to the police, and that crime falls under the category of cognizable offences, the police are legally bound to record this information in writing — this written record is the FIR.

Think of the FIR as the starting point of a criminal case. Without it, in most cases, the police investigation cannot formally begin.

Legal Definition and Framework

The FIR is governed by **Section 154 of the Code of Criminal Procedure, 1973 (CrPC)**, and under the new law, by **Section 173 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023**.

Key Legal Provisions

- **Section 154(1) CrPC (Section 173(1) BNSS):** Every information relating to the commission of a cognizable offence, if given orally to an officer in charge of a police station, shall be reduced to writing by him or under his direction. The informant shall sign it, and a copy shall be given to the informant free of cost.

- **Section 154(3) CrPC (Section 173(4) BNSS):** If the officer in charge of a police station refuses to record the information, the informant can send the substance of the information in writing to the Superintendent of Police, who can either investigate the case himself or direct an investigation.

- **Section 156 CrPC (Section 175 BNSS):** Empowers any officer in charge of a police station to investigate a cognizable case without the order of a Magistrate.

- **Section 156(3) CrPC (Section 175(3) BNSS):** A Magistrate can direct the police to register an FIR and investigate.

- **Section 173 BNSS** also introduces registration of FIR through **electronic means**, including electronic communication, expanding the modes of filing.

What an FIR Contains

A standard FIR (usually recorded in the prescribed form) contains:

1. **Name and address** of the informant (complainant).

2. **Date, time, and place** of the occurrence of the offence.

3. **Details of the incident** — what happened, how, and who was involved.

4. **Names and descriptions** of the accused, if known.

5. **Names of witnesses**, if any.

6. **Description of property** involved, if applicable (e.g., in theft or robbery cases).

7. **Signature or thumb impression** of the informant.

Who Can File an FIR?

An FIR can be filed by:

- The **victim** of the crime.

- Any **eyewitness** or person who has knowledge of the commission of a cognizable offence.

- Any **person** who has received information about the offence, even if not directly involved.

- The police can also register an FIR **suo motu** (on their own) if they come to know about a cognizable offence.

The Supreme Court in **State of Haryana v. Bhajan Lal (1992) Supp 1 SCC 335** has laid down guidelines regarding the circumstances under which an FIR should be quashed.

The Landmark: Lalita Kumari Judgment

The Supreme Court in **Lalita Kumari v. Government of Uttar Pradesh (2014) 2 SCC 1** delivered a landmark ruling that:

- Registration of FIR is **mandatory** under Section 154 CrPC when the information discloses the commission of a cognizable offence.

- The police officer cannot conduct a **preliminary inquiry** before registering the FIR in cases where the information clearly points to a cognizable offence.

- However, in certain categories of cases (such as matrimonial disputes, commercial offences, medical negligence, and corruption), a **preliminary inquiry** may be conducted within a reasonable time (generally seven days) to ascertain whether a cognizable offence has been committed.

When Does This Term Matter?

Starting the Criminal Process

The FIR is significant because:

- It triggers the **criminal investigation** process.

- It records the **first version of events** — courts often give significant weight to the FIR as the earliest account of the offence.

- It provides the **legal basis** for the police to investigate, arrest, and eventually file a chargesheet.

- It serves as **evidence** under Section 157 of the Indian Evidence Act, 1872 (Section 140 of the Bharatiya Sakshya Adhiniyam, 2023) to corroborate the testimony of the informant.

If the Police Refuse to File an FIR

If the police refuse to register your FIR for a cognizable offence, you have several remedies:

1. **Approach the Superintendent of Police** under Section 154(3) CrPC.

2. **File a complaint before the Magistrate** under Section 156(3) CrPC, requesting that the Magistrate direct the police to register the FIR and investigate.

3. **Send the complaint by registered post** to the SP, as the law allows written communication.

4. Under BNSS, file through **electronic means** as now permitted under Section 173 BNSS.

Zero FIR

A **Zero FIR** is an FIR that can be filed at **any police station** regardless of jurisdiction. This was introduced to ensure that immediate action is taken, especially in serious offences. The FIR is later transferred to the police station having jurisdiction. The Supreme Court endorsed this practice, and it is now codified under the BNSS.

E-FIR

Several states now allow the filing of an **E-FIR** for certain categories of offences (such as vehicle theft or lost property) through online portals. Under the BNSS, the provision for electronic registration of FIRs has been formally introduced.

Practical Significance

Key practical points about FIRs:

- **Always obtain a free copy** of the FIR. The police are legally bound to give you one under Section 154(2) CrPC.

- The FIR is **not evidence of the facts** stated in it but can be used to **corroborate or contradict** the informant's testimony.

- Filing a **false FIR** is a criminal offence under Section 182 IPC (Section 217 BNS) and Section 211 IPC (Section 248 BNS).

- An FIR can be **quashed** by the High Court under Section 482 CrPC (Section 528 BNSS) if it is found to be frivolous, malicious, or based on false allegations.

Frequently Asked Questions

Can an FIR be filed online?

Yes. Several states have introduced online FIR filing facilities for certain categories of offences. Under the BNSS, 2023, FIR registration through electronic means has been formally recognized under Section 173. However, for serious offences, visiting the police station is still advisable.

What is the difference between an FIR and a police complaint?

An FIR is specifically registered for cognizable offences under Section 154 CrPC and triggers a formal police investigation. A police complaint is a broader term that may include both FIRs and Non-Cognizable Reports (NCRs). For non-cognizable offences, only an NCR is recorded, not an FIR.

Can an FIR be withdrawn or cancelled?

The informant cannot unilaterally withdraw an FIR once registered. However, the police may file a **closure report** (B Report) if the investigation reveals no offence was committed. The FIR can also be **quashed** by the High Court under Section 482 CrPC if it is frivolous or constitutes an abuse of process.

Is the FIR the same as the chargesheet?

No. The FIR is the first information recorded at the start of the investigation. The chargesheet (also called the police report under Section 173 CrPC) is the final document filed by the police after completing the investigation, presenting the evidence and conclusions to the Magistrate.