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| FIR and it's Information | | | Sahiba Banotra
Section 154 of CrPC
deals with what commonly is known as FIR which is the first information of a cognizable crime to a police. A "FIR" which means the information by whosoever given, to the police officer in charge of a police station in relation to the commission of a cognizable offence and which is first in point of time and on the strength of which the investigation into offence is commenced.
The information on received shall bed recorded in such a form and a manner as provided:-
Information given orally to the police officer in charge of the police station shall be reduced to writin1by the officer himself or under his direction.
Information given in writing or reduced to writing must be signed by the information.
Information as taken down in the writing must be read over to the informant.
The substance of the information shall then be entered by the police officer in a book to be kept by such an officer in the form prescribed by the state government.
If the information is provided by a woman in cases related to rape, outrage of modesty of woman etc... then such an information should be recorded by a woman police officer.
Person against whom the offence has been committed or attempted is temporarily or permanently mentally or physically disabled then such information shall be recorded by the police officer at the residence of that person.
A copy of FIR must be given to the informant for free of cost.
Where can FIR be lodged:-
The general rule is that ordinarily the information about the offence committed is given to the police station having territorial jurisdiction where the offence has been committed. But this does not means that it cannot be lodged elsewhere.
If a police officer refuses to lodge FIR on the ground that the police do not have territorial jurisdiction of the offence then it is dereliction of his duty, then in such a cause the police officer must lodge the FIR and then transfer it to the police station having territorial jurisdiction over that offence.
Delay in filing FIR:-
The provision as to FIR are enacted to obtain the early information of the alleged criminal activity to record the circumstances before there is time for them to be forgotten or embellished and the report can be put in the evidence when the informant is examined if it is desired to do so.
Thus, there is no hard and fast rule that delay in lodging the FIR would automatically render the case as doubtful FIR depends upon the facts and circumstances of each case.
Evidentiary value of FIR:-
The FIR can be put as evidence when informant is examined, if it is desirable to do so. However FIR is not a piece of substantive evidence and cannot be preferred to the evidence given by the witnesses in the court.
It can be used only for limited purposes, like corroboration or contradicting or to show that the implications of the accused was not after thought. It cannot be used for corroborating or contradicting any other witness apart from them one lodging other FIR.
FIR can be used for the purpose of testing the truth of the prosecution story. |
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