All about First Information Report : Not an Substantive Piece of Evidence
- by Tripti-bhushan
- Jul 08, 2019 09:48
The data in regards to the commission of an offense must be entered in a book accessible with the police. The data so recorded is called First Information Report, for example, F.I.R. It is a data to the police headquarters at first in the purpose of time that an offense has been submitted and based on which the examination is started. Ambiguous, enigmatic and uncertain telephonic data can't be treated as F.I.R. Be that as it may, it need not be a reference book containing each moment detail of the offense (Manoj v. Territory of Maharashtra (JT 1999 (2) SC 58).There can't be two F.I.R.s against a similar blamed in regard for a similar offense. Be that as it may, rival forms in regard to a similar scene may take the state of two distinctive F.I.R. furthermore, the examination can be carried on under them two by a similar exploring office. Enlisting of F.I.R. incorporates just the way toward entering the substance of the data identifying with the commission of the cognizable offense in a book kept by the official accountable for the police station. The data may identify with the commission of either cognizable offense or non-cognizable offense. Area 154 of the Criminal Procedure Code manages the cognizable offenses and Section 155 arrangements with the non-cognizable offenses.
The book, referenced in segment 154 of CrPC, in regards to cognizable offenses, is usually known as Formal F.I.R. while the book, referenced in area 155 of CrPC, in regards to non-cognizable offenses, is usually known as General Diary book. The Hon'ble Supreme Court of India held in one case that the primary data report is never treated as a substantive bit of proof. It must be utilized for negating or confirming its producer when he shows up in court as an observer. Its worth should dependably rely upon the certainties and conditions of a given case. The F.I.R. can just ruin the declaration of its producer. It can in no way, shape or form be used for negating or undermining different observers. F.I.R not being a substantive bit of proof can't infringe upon the fringe of the proof offered by different observers as to the episode.
Who Can File an FIR?
First Information Report (FIR) can be recorded by any individual. He need not really be the person in question or the harmed or an observer. First Information Report might simply gossip and need not really be given by the individual who has direct learning of the certainties.
Where to File an FIR?
An FIR can be documented in the police headquarters of the concerned zone in whose ward the offense has happened. A first is to acquire data about the supposed crime in order to have the option to make appropriate strides for following and bringing to book the blameworthy individual.
Its auxiliary, however, a similarly significant item is to acquire early data of a supposed crime and to record the conditions before the preliminary, in case such conditions are overlooked or adorned.
Why FIR ought to be recorded instantly
This is the brilliant guideline of law recommended in the Code of Criminal Procedure, 1973 that the First Information Report ought to dependably be documented quickly and without squandering whenever. Such kind of report picks up the greatest validity and is constantly welcome and increased in value by the courts.
As per Supreme Court, the FIR recorded expeditiously before the time stood to adorn or get rid of the proof is valuable. It dispenses with the conceivable possibility of offering to ascend to doubt.
Is there time span fixed for Filing an FIR?
We have officially stressed this reality that quite far and practicable, each FIR ought to perpetually be recorded instantly, speedily and without squandering whenever. There might be conditions where some concession of time must be given in recording the FIR But there must be relevant purposes behind sensible deferral in documenting the FIR under the convincing conditions. Judges with a parcel of knowledge and experience can utilize their caution sensibly and in light of a legitimate concern for equity in every single case. Be that as it may, no conceivable term of time can be fixed for applying the trial of sensibility to the hotel of an FIR as we have just clarified. It relies on the realities and conditions of each case. The postponement in the cabin the FIR, all things considered, isn't lethal in law if the indictment substantiated the truthful troubles experienced by the people holding up the report.
Following are the reports or proclamations which don't add up to be an FIR:-
1. A report or an announcement recorded after the initiation of the examination (areas 162 and 163 of the Code of Criminal Procedure, 1973).
2. Reports not recorded quickly but rather subsequent to addressing of observers.
3. Reports recorded following a few days of improvements.
4. Data not about the event of cognizable offense but rather just obscure message as intrigue for quick assistance.
5. Objection to the Magistrate.
6. Data to beat the house.
7. Data to the Magistrate or cop on the telephone.
8. Data got at police headquarters before the cabin of an F.LR.
It was held in Damodar v. Province of Rajasthan, AIR 2003 SC 4414: 2003 AIR SCW 5050: 2003 RCR (Cri) 355 (SC) that if the data was passed on to police on phone and DO passage was made, it won't comprise an FIR regardless of whether the data uncovered commission of cognizable offense.