First Information Report

1. Statutory Provision
   Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023 provides for information in cognizable cases and corresponds to Section 154 of the Code of Criminal Procedure, 1973. It lays down the procedure for recording the earliest information of an offence.
2. Meaning
   The term FIR is not defined in law, but it means the earliest information received by the police regarding the commission of a cognizable offence, which sets the law in motion. It deals with the information relating to the commission of a cognizable offence given to the police at the first point of time, which becomes the foundation of the criminal justice process.
3. Any person can give such information either orally, in writing or through electronic communication, and it is not necessary that the informant must be the victim.
4. If the information is given orally, it shall be reduced into writing by the police officer, read over to the informant and shall be signed by the person giving it to ensure correctness.
5. If the information is given by electronic communication, it shall be taken on record after being signed within three days by the informant, thereby recognising e-FIR under BNSS.
6. The substance of such information shall be entered in a book maintained by the police officer in the prescribed form, which acts as an official record of the FIR.
7. A copy of the FIR shall be given forthwith, free of cost, to the informant or the victim, thereby strengthening the rights of the victim under the new law.
8. Police officer is bound to register FIR in case of cognizable offence and refusal to register FIR is illegal.
9. The FIR is a very important document as it sets the criminal law in motion, initiates investigation and prevents subsequent manipulation or embellishment of facts.
10. Zero FIR
    Information may be recorded irrespective of the area where the offence is committed, and such information shall be transferred to the police station having jurisdiction, ensuring immediate registration without delay.
11. Special Provision (Offences against Women)
    Where the information is given by a woman against whom certain offences are alleged, such information shall be recorded by a woman police officer to ensure sensitivity and protection of the victim.
12. Preliminary Enquiry
    1. Applicable where the offence is punishable with imprisonment of 3 years or more but less than 7 years.
    2. Police officer may conduct preliminary enquiry with prior permission of an officer not below the rank of Deputy Superintendent of Police.
    3. Such enquiry must be completed within a period of 14 days to avoid unnecessary delay.
13. Refusal to Register FIR
    1. If the officer in charge refuses to record FIR, the aggrieved person may send the information in writing to the Superintendent of Police.
    2. If still no action is taken, the aggrieved person may approach the Magistrate for appropriate directions.
14. Essentials of FIR
    1. Information must relate to a cognizable offence.
    2. It must be given at the earliest point of time.
    3. It should not be vague or indefinite.
    4. It may be given by any person.
    5. It must be signed by the informant.
15. FIR and Complaint – Distinction
    FIR is information given to the police regarding a cognizable offence, whereas a complaint is an allegation made to a Magistrate.
16. The High Court has inherent powers to quash FIR to prevent abuse of process of law and to secure the ends of justice. Under the Bharatiya Nagarik Suraksha Sanhita, 2023, such power is provided under Section 528, which corresponds to Section 482 of the Code of Criminal Procedure, 1973.

About the Author

TheLegalLearners Team

For educational and informational purposes only.