How to draft the First Information Report?

India being one of the largest democracies in the world, there is a need to maintain the legal system efficiently. People don’t have knowledge of the working procedure of the legal system. Therefore, they are reluctant to report criminal activity. A First Information Report is the most crucial document in the Criminal Justice system. One should have an in-depth knowledge of First Information Report.

Here in this article, we’ll be discussing about First Information Report, procedure of drafting a First Information Report, and what is the procedure if the Police denies to file an FIR.

What is First Information Report?

The expression FIR is abbreviated form of First Information Report. The definition of FIR is not expressly given under the Criminal Procedure Code, 1973.

First Information Report is the very first step of a criminal procedure that leads to the trial.

It is a written document made by the Police after receiving information regarding commission of cognizable offence. For this reason, it is the most crucial supportive evidence, as it contains all the necessary details of the crime, the place of commission, victim details etc.

The Code of Criminal Procedure, 1973 in Sec. 154, talks about First Information Report. It states-

• After the police receives information about cognizable offence, the Police have to reduce it in writings.
• Such information which is put down in writing is known ad First Information Report.
• Further, the informant has the right to demand that the information written be read over to him.
• After the recording of information, the informant has to sign it. After which the Police has to enter the information in the Police Dairy.
• Additionally the informant is also provided with copy of information free of cost.
• The aggrieved party can send such information to Superintendent of Police if the Police refuses to record the FIR.
• Further if there is commission of cognizable offence then the officer can investigate the case accordingly.

The Basic Purpose for filing a FIR

• The basic purpose is to lay down the criminal law into motion.
• Furthermore, it also enables the Police officer to initiate the investigation and collect evidence. In Niranjan Singh v state of U.P, it has been held that investigation is the key to the other stages of the criminal proceedings. And to start this, registration of First Information Report is important.
• To obtain information about the criminal activity.
• Lastly, it helps to provide information to the Magistrate about the crime committed.

Who can file the First Information Report?

The Victim, witness or anyone else having the knowledge of the criminal activity can register a First Information Report. The complainant can give information in reference to offence under section 154. It can be done orally or in writing.

Key Ingredients of an FIR

Ingredients of the First Information Report-

• The nature of incident
• Place and timing of incident
• The details of the informants and the accused.

Copy of FIR to the Accused

Under section 56 of CrPC., the informant is given the copy of the FIR free of cost. It is one of the main document of a criminal case and can help the informant or the victim.

However CrPC under section 270 states, the copy of the FIR can be given to an accused after the investigation is complete and the charge sheet is filed in Court.

Guidelines for filing The First Information Report

Drafting The First Information Report correctly can make a lot of difference in the whole procedure from framing charges to the investigation conducted. therefore, one needs to be very careful as one minor detail will affect the whole procedure towards finding justice.

For instance if a woman is facing cruelty by her husband or his relative for dowry. She can file a case under section 498A of IPC. She needs to mention in the First Information Report that her husband or his relative is demanding dowry and treating her cruelly. If she does not mention about the dowry, the case will have a different implication. In other words, if she only mentions hurt the case falls under simple hurt, where the prescribed punishment is up to one year with fine.

Guiding Principles for drafting FIR-

• Details of the informant needs to be there
• Name of the accused and the number of accused
• Detailed information of the commission of offence
• Place of incident
• details of weapon, if any
• The description of the injuries caused
• Name if any witness
• The reasons behind the delay for filing of FIR.

Alteration of the Contents of FIR

An FIR contains the first details of the information provided by the informant right after the crime.

If the informant requests alteration in the information itself, then that raises a question on the sanctity of the initial information provided. Once registered, the First Information Report cannot be altered.

But if the changes relate to additional facts, it can be done by means of statements, rather than making changes to the original FIR.

Procedure after Lodging FIR

• The police officer has to start investigation
• The police officer has to assess whether the complaint is worth entertaining or not
• Upon satisfaction against the ingredients of First Information Report, Police officer can send report to the Magistrate and ask him to take cognizance of the offence.
• Furthermore, Magistrate orders investigation after this
• Lastly after submission of final report, if Magistrate finds the case satisfactory then it issues summon.

Refusal to file FIR

After registration of the FIR, the investigations begin and it is mandatory to prepare a pre-investigation report within twenty four hours from the time of registering it.

In India, it is very common to hear that the Police Officials have refused to lodge the First Information Report and are demanding a huge sum of money to take the appropriate steps.

Remedies for Refusal to lodge FIR

• We can file a writ petition in nature of mandamus against the law enforcement agencies in the High Court if they refuse to file the FIR. The Court may direct the person to show cause the reasons for not lodging the FIR.
• The informant can give a written complaint to the Superintendent of Police or the Commissioner of Police.
• Furthermore, if the offence is cognizable, the Officer has the power to investigate or direct investigation.
• The informant has the power to file a complaint before the Judicial Magistrate/ Metropolitan Magistrate
• Lastly, if it is a civil case, the informant can file a contempt petition against the police officer who refused to file the FIR

Conclusion

First Information Report is the most crucial document of the criminal justice system as it is the first information of a cognizable offence. It is a valuable piece of evidence for the corroboration of evidence and for contradicting witnesses. It helps to complete the trial procedure and helps prevention of criminal activity.

For more information, you can directly reach our team at LawyerINC.