Understanding FIR: Definition, Legal Significance, and Types
The criminal justice system in India is set into motion primarily through the registration of a First Information Report (FIR). An FIR is the earliest and most crucial document that records the commission of a cognizable offence and enables the police to initiate investigation. It acts as the foundation of a criminal case and plays a vital role in ensuring access to justice, maintaining public order, and upholding the rule of law.
Definition of FIR
The term First Information Report (FIR) is not expressly defined under the Bharatiya Nagarik Suraksha Sanhita (BNSS). However, Section 173 of the BNSS deals with information relating to the commission of a cognizable offence given to an officer in charge of a police station.
An FIR can be understood as:
Information given to the police regarding the commission of a cognizable offence, which is recorded first in point of time and forms the basis of a criminal investigation.
The essential characteristics of an FIR are:
It must relate to a cognizable offence.
It must be given to the officer-in-charge of a police station.
It must be recorded in writing (or reduced to writing if given orally).
It must be signed by the informant.
Object and Purpose of FIR
The primary objectives of registering an FIR are:
To set the criminal law in motion.
To obtain early information regarding the alleged offence.
To prevent embellishment or fabrication of facts.
To safeguard the accused against false or exaggerated versions.
To enable prompt investigation by the police.
An FIR is not an encyclopedia of facts, but it must disclose sufficient information to indicate the commission of a cognizable offence.
Legal Significance of FIR
1. Foundation of Criminal Proceedings
An FIR is the starting point of investigation. Without registration of an FIR, police generally cannot investigate a cognizable offence, except in limited circumstances.
2. Evidentiary Value
Although an FIR is not a substantive piece of evidence, it is highly relevant for:
Corroborating the testimony of the informant.
Contradicting the informant under the Bharatiya Sakshya Adhiniyam (BSA).
Assessing the spontaneity and truthfulness of the prosecution case.
3. Protection of Accused
A promptly lodged FIR reduces the chances of false implication and afterthoughts. Delay in lodging an FIR often creates suspicion regarding the authenticity of allegations.
4. Rights of the Informant
The informant has a legal right to:
Get a copy of the FIR free of cost.
Ensure that information is recorded correctly.
Approach higher authorities or courts if the FIR is not registered.
Who Can Lodge an FIR
An FIR can be lodged by:
The victim of the offence.
Any person having knowledge of the commission of a cognizable offence.
A police officer on his own information.
A third party or eyewitness.
There is no restriction that only the victim must lodge the FIR. Even anonymous information may be sufficient if it discloses a cognizable offence.
Essentials of a Valid FIR
For an FIR to be legally valid, the following essentials must be satisfied:
Disclosure of a cognizable offence.
Recording by the officer-in-charge of a police station.
Signature of the informant.
Entry in the police station diary.
Supply of a free copy to the informant.
Failure to comply with these requirements may render the FIR defective, though not necessarily illegal.
Types of FIR
Over time, judicial interpretation and police practice have recognized various types of FIRs. These are explained below:
1. Regular FIR
This is the most common type of FIR, registered under Section 173 BNSS when information about a cognizable offence is given to the police.
2. Zero FIR
A Zero FIR can be registered at any police station, irrespective of territorial jurisdiction. It is later transferred to the appropriate police station.
Significance
Ensures immediate registration of serious offences.
Particularly useful in cases involving women and children.
3. Cross FIR
When both parties involved in the same incident lodge separate FIRs against each other, such FIRs are known as cross FIRs.
Purpose
To ensure fairness.
To examine both versions of the incident independently.
4. Multiple FIR
Multiple FIRs may be registered in respect of:
Different offences.
Different transactions.
Distinct occurrences.
However, multiple FIRs for the same offence or same cause of action are generally not permissible.
5. Counter FIR
A counter FIR is filed by the accused side after the registration of the first FIR, presenting a different narrative of the same incident.
6. Online FIR
With technological advancements, several states now permit online registration of FIRs, especially for:
Theft
Lost documents
Non-violent offences
Delay in Lodging FIR
Delay in lodging an FIR is not always fatal to the prosecution case. Courts consider:
The nature of the offence
Circumstances of the victim
Reason for delay
In cases involving sexual offences, domestic violence, or offences against children, reasonable delay is often condoned.
Remedy for Non-Registration of FIR
If the police refuse to register an FIR, the aggrieved person may:
Approach the Superintendent of Police.
File a complaint before the Magistrate under Section 175(3) BNSS.
Invoke writ jurisdiction of the High Court in exceptional cases.
The law mandates that registration of FIR is compulsory when information discloses a cognizable offence.
FIR and Rights of the Accused
While FIR protects victims, it also safeguards accused persons by:
Recording allegations at the earliest stage.
Preventing false improvements later.
Allowing judicial scrutiny during investigation.
An accused has the right to:
Seek quashing of FIR if it is frivolous or abusive.
Challenge illegal or malicious registration.
Conclusion
The First Information Report is the cornerstone of the criminal justice system in India. It bridges the gap between the commission of an offence and the commencement of legal proceedings. Understanding its legal framework, significance, and types empowers citizens to assert their rights and ensures accountability of law enforcement agencies.
A fair, prompt, and accurate FIR not only strengthens the prosecution case but also upholds the principles of natural justice and rule of law. Therefore, the proper registration and handling of FIRs is indispensable for maintaining public confidence in the criminal justice administration.
