Facts asked by the FIR in the Main Judicial Examination
NEW DELHI :- Questions related to FIR can be asked in the main judicial examination, this article will prove useful for the exam, the article has been written by the author according to the format of the examination.
In the context of cognizable crime, the first information given to the police officers can be called FIR, which is called “Pratham suchna report in Hindi and “First Information Report” in English and the “Rapat ebtedayi” in Urdu.
Purpose of First Information Report
The main purpose of the first information report is to make the police officer acquainted with the crime and try in the direction of investigation.
The First Information Report is not defined elsewhere in the Code, but a provision has been made in Section 154 of the Code of Criminal Procedure in respect of which it is divided into three sections.
In sub-clause (1) of section 154, it has been provided that if every notice of committing a cognizable offense is given orally to the officer-in-charge of the police station, then the article shall be executed according to his instructions and the person giving the notice Will be read out and if given in writing, it will be signed by the person who is giving it and its abstract in a book which shall be kept by the officer in such form as may be directed by the State Government
Section 154 (1) has been added to this by Criminal Law Amendment in 2013 stating that if an offense is committed against a woman, Section 326 A, 326 B, 354 (A, B, C, D) 376 ( A, B, C, D, E), if there is an attempt to commit a crime under 509 and the information is given by a woman, then such a notice will be recorded by a female police officer or a female officer
The second proviso to section 154 provides that if a person against whom an offense is committed under Section 354 (A, B, C, D) 376 (A, B, C, D, E), 509 of the Indian Penal Code Or if the attempt is made, if the person is temporarily or permanently mentally and physically challenged, such a notice shall be made in the presence of shops or special arrangements in any accessible place at the choice of the person at his place of residence.
A video film of such writing will be prepared by the police officer under section 164 (5) (a) of the judicial magistrate to make the statement of the person as far as possible
According to section 154 (2), a copy of the recorded record under sub-section (1) shall be given free of cost to the tipper.
Section 154 (3) If a person refuses to write the Officer-in-Charge Officer of the police station, he can send the summary of such notice in writing or by post to the concerned Superintendent of Police and if it is resolved that any The cognizable offense being committed, it appears that he himself will direct the investigation (Section 136) or any subordinate police officer to investigate the matter and that officer will have all the powers of the officer-in-charge of the police station in this regard.
ACCORDING TO CODE
154. Information in cognisable cases. – (1) Every information relating to the commission of a cognisable offence, if given orally to an officer-in-charge of a police station, shall be reduced to writing by him or under his direction, and be read over to the informant; and every such information, whether given in writing or reduced to writing as aforesaid, shall be signed by the person giving it, and the substance thereof shall be entered in a book to be kept by such officer in such form as the State Government may prescribe in this behalf.
[Provided that if the information is given by the woman against whom an offence under section 326A, section 326B, section 354, section 354A, section 354B, section 354C, section 354D, section 376, [section 376A, section 376AB, section 376B, section 376C, section 376D, section 376DA, section 376DB,] section 376E or section 509 of the Indian Penal Code is alleged to have been committed or attempted, then such information shall be recorded, by a woman police officer or any woman officer:
Provided further that-
(a) in the event that the person against whom an offence under section 354, section 354A, section 354B, section 354C, section 354D, section 376, [section 376A, section 376AB, section 376B, section 376C, section 376D, section 376DA, section 376DB,] section 376E or section 509 of the Indian Penal Code is alleged to have been committed or attempted, is temporarily or permanently mentally or physically disabled, then such information shall be recorded by a police officer, at the residence of the person seeking to report such offence or at a convenient place of such person’s choice, in the presence of an interpreter or a special educator, as the case may be;
(b) the recording of such information shall be video-graphed;
(c) the police officer shall get the statement of the person recorded by a Judicial Magistrate under clause (a) of sub-section (5A) of section 164 as soon as possible.]
(2) A copy of the information as recorded under sub-section (1) shall be given forthwith, free of cost, to the informant.
(3) Any person aggrieved by a refusal on the part of an officer-in-charge of a police station to record the information referred to in sub-section (1) may send the substance of such information, in writing and by post, to the Superintendent of Police concerned who, if satisfied that such information discloses the commission of a cognisable offence, shall either investigate the case himself or direct an investigation to be made by any police officer subordinate to him, in the manner provided by this Code, and such officer shall have all the powers of an officer-in-charge of the police station in relation to that offence.
155. Information as to non-cognisable cases and investigation of such cases. – (1) When information is given to an officer-in-charge of a police station of the commission within the limits of such station of a non-cognisable offence, he shall enter or cause to be entered the substance of the information in a book to be kept by such officer in such form as the State Government may prescribe in this behalf, and refer the informant to the Magistrate.
(2) No police officer shall investigate a non-cognisable case without the order of a Magistrate having power to try such case or commit the case for trial.
(3) Any police officer receiving such order may exercise the same powers in respect of the investigation (except the power to arrest without warrant) as an officer-in-charge of a police station may exercise in a cognisable case.
(4) Where a case relates to two or more offences of which at least one is cognisable, the case shall be deemed to be a cognisable case, notwithstanding that the other offences are non-cognisable.
Essential Elements of First Information Report
- The first information report is made in respect of cognizable offenses, ie the information should be such that it shows the cognizable offense being committed.
- The first information report has been made to the officer-in-charge of the police station or the subordinate officer has been given the responsibility to do such work.
- If the crime is related to a woman, the report will be written by a female police officer or by another female officer
- Such notice may be in any form written or oral.
- First information report should be in three copies
- First information report can be given by any person
- First information report should be clear and definite
- It is not necessary to nominate the offender or witnesses in the First Information Report.
- First information report will be written in the format of police form number 341
- A copy of the First Information Report will be given free to the reporting person immediately.
Importance of First Information Report
If the first information report is made by the complainant or individual party, then they will use section 145 and 157 of The Indian evidence act as a prosecution witness.
If the FIR is written by the accused, it is not prosecution evidence, therefore, he will not use section 145 157, he will only use section 21 as section 27 as information of the incident.
What is the monetary value of the first information report
FIR is not considered to be fundamental evidence and hence it is not considered public document.
Section 80 of the Evidence Act does not imply the veracity of such a document, it is not proved by oral evidence
Some sections of the Evidence Act state the salutary importance of the First Information Report which are as follows:
- Evidence may be relevant due to conduct related to section 8 of the Act
- Evidence may be relevant to indicate the presence and non-presence of the offender under Section 11 of the Act.
- Under section 32 (1) of the Evidence Act, if the information payer dies, it can be proved as a death statement if the statement describes the cause of death or such circumstances.
- The use of First Information Report under section 145, 155, 157 of the Evidence Act is used for denial or confirmation of evidence.
- If the first information report is written by the accused himself, it is not considered sanction under Section 25, 26 of the Evidence Act.
- Despite not having the monetary value of the first information report, its value cannot be denied on the basis of the facts given above.
If more than one FIR in the same case is an FIR on behalf of the same side car or on the other side of the opposing side, then it is a rule that if the investigation by the same FIR is done If there is no need for another FIR, in such a case, the FIR can be canceled by applying to Section 482 of the Criminal Procedure Code in the High Court.
It requires that all the FIRs contain the same type of facts. If it is not, then the facts of the report are different, then the FIR cannot be canceled. In the same case more than one FIR can be multiple FIR Can be called Multiple FIR.