FIR Part 2

1. CRIMINAL PROCEDURAL CODE, 1973
BY ARUNDHATI BANERJEE
CHAPTER XII
SECTION 154: Information in cognizable cases.

2. BARE ACT LANGUAGE EXPLAINED
(1) Every information relating to the commission of a cognizable 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 therefore shall be entered in a
book to be kept by such form as the State Government may prescribe in this behalf.
FLOW CHART FOR EASY EXPLAINATION
EVERY
INFORMATION
COGNIZABLE
OFFENCE
WRITING
ORAL
REDUCED IN
WRITING
NEEDS TO BE SIGNED
BY THE INFORMANT
ENTERED INTO A
BOOK
THE SUBSTANCE
OF THE
INFORMATION
AS PRESCRIBED
BY THE STATE
GOVT.
FIR

3. SECTION 154 CONTINUED…
Provided that if information is given by the women against whom an offence under section
326A, section 326B, section 354, section 354A, section 354B, section 354C, section 354D,
section 376, section 376A, section 376B, section 376C, section 376D, section 376DA, section
376DB, section 376E, or section 509 of 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.
FLOW CHART FOR EASY EXPLANATION
A WOMAN OFFICER SEXUAL
OFFENCES
ATTEMPTED
COMMITTED
RECORDING THE
INFORMATION

4. SECTION 154 CONTINUED…
Provided further that-
(a)In the event that the person against whom an offence under section 326A, section 326B,
section 354, section 354A, section 354B, section 354C, section 354D, section 376, section
376A, section 376B, section 376C, section 376D, section 376DA, section 376DB, section
376E, or section 509 of 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 the 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.
FLOW CHART FOR EASY EXPLANATION
SEXUAL OFFENCES
MENTAL OR
PHYSICAL
DIABILITIES
VEDIOGRAPHY
MAGISTRATE
SECTION 164
(5A)

5. (2) A copy of the information as recorded under sub-section (1) shall be given forthwith, free of
cost to the informant.
SECTION 154 CONTINUED…
FLOW CHART FOR EASY EXPLANATION
A COPY INFORMATION
RECORDED
GIVEN TO
INFORMANT
FREE OF COST
While interpreting this clause the Supreme Court in STATE vs. N.S. GANESHWARAN AIR 2013 categorically
held that non- supply of copy of FIR under Section 154(2) may not vitiate the trial in every case.

6. (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 cognizable 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.
SECTION 154 CONTINUED…
FLOW CHART FOR EASY EXPLANATION
REFUSAL TO FILE
FIR
POLICE OFFICER
WRITTEN
POST
COMPLAINT
TO S.P
HIMSELF
SUBORDINATE
INVESTIGATE
SAME POWER AS
S.H.O

7. POINTS TO REMEMBER
• Is registration of FIR mandatory?
Ans: Yes, FIR registration is mandatory. In Section 154(1) the word “shall” denotes registration of FIR is
compulsory. Also, in the case of Lalita Kumari vs Government of U.P AIR 2014 it has been categorically rules that
the provision of Section 154(1) is mandatory and the officer concerned is duty bound to register the case on the
basis of information disclosing commission of cognizable offence.
• Whether a written complaint will amount to an FIR?
Ans: No, a written complaint will not amount to an FIR unless it is recorded and converted in an State
Government record. In the case of Hardip Singh vs State of Punjab AIR 2009 it was held that the written complaint
could not be treated as an FIR as it would amount to a statement made during investigation and hit by Section
162 of Crpc.
• What happens when FIR is delayed in filing?
Ans: In case of Gajanan Dashrath Kharate AIR 2016 it was said that it would be fatal in nature as the judge think
the evidences are being tampered during the time delayed. But it is not always fatal if given a reasoned
explanation for delaying of filing of an FIR. It is only in rape cases where delaying of filing FIR is always fatal.
• Is format of FIR prescribed in CrPC?
Ans: No, the format is developed by the State Government.
• Should FIR contain all the facts of the case?
Ans: In Tapan Kumar Singh Case it was held that FIR is not an encyclopedia only the ingredients of a cognizable
offence is needed in FIR.

8. POINTS TO REMEMBER CONTINUED…
• Whether cryptic or telephonic message amount to an FIR?
Ans: In the case of Ram Singh Bhavaji Jadega vs. State of Gujarat AIR 1994 it was held that when as soon as
the police officer on receipt of an telephonic message was about to proceed to the place of occurrence
appeared and gave written version of the incident, on the basis of which the formal FIR as drawn up, it was
held that the cryptic telephonic message did not amount to FIR but the written report legally formed the
FIR.
• Where the FIR can be lodged?
Ans: The general rule is that ordinarily the information about the offence committed to be given to the
police station having territorial jurisdiction where the offence has been committed. But this does not mean
that it cannot be lodged elsewhere. In the case of State of A.P. vs. Punati Ramube AIR 1993, the police
constable refused on the grounds that the said police station had no territorial jurisdiction over the place of
crime. It was decided the refusing to record the complaint was a dereliction of duty on the part of the
constable because any lack of territorial jurisdiction could not have prevented the constable from recording
information about the cognizable offence and forwarding the same to the police station having the
jurisdiction over the area in which the crime was said to have been committed.

9. POINTS TO REMEMBER CONTINUED…
• The question whether or not a particular information constitutes a FIR within the meaning of
Section 154 is a question of law and depends upon the facts and circumstances of each case.
• In order that an information shall treated as a valid FIR, the following conditions have to be fulfilled:
(1) The information must relate to the commission of a cognizable offence on the face of it and not in
the light of subsequent events
(2) The information must have been given to the Officer-in-charge of a Police Station empowered to
record an information under Section 154
(3) It must have been the earliest report relating to the commission of a crime with a view to taking
action (investigation) in the matter
(4) The information reduced in writing must be read out to informant and copy thereof should be
given to informant forthwith free of cost
(5) The substance of the information must be entered in a book call Station Diary or General Diary.
• There cannot be any FIR against the Civil Judge/Munsif without permission of the Chief Justice of
the concerned Court.

10. CASES RELATED TO THIS SECTION
AGNOO NAGESIA vs. STATE OF BIHAR AIR 1966
If the FIR is given to the police by the accused himself, it cannot possibly be used either for corroboration or
contradiction because the accused cannot be a prosecution witness and he would very rarely offer himself to be
a witness under Section 315 of the Code. If the FIR given by the accused person is non confessional, it may be
admissible in evidence against the accused as an admission under Section 21 of Indian Evidence Act or as
showing his conduct under Section 8 of Indian Evidence Act.
BHERU SINGH vs. STATE OF RAJASTHAN AIR
If the FIR is of confessional nature it cannot be proved against the accused- informant because according to
Section 25 of the Indian Evidence Act, no confession made to a police officer can be proved against a person of
an offence. But it might relevant under Section 8 of Indian Evidence Act as his conduct.
GURPREET SINGH vs. STATE OF PUNJAB AIR 2006
Section 154 requires only the substance of information received to be mentioned in the daily dairy and the same
cannot be said to be the repository of every factum. Therefore, mere non-disclosure of the names of the witness
in the daily diary as well as mortuary register, ipso facto cannot affect the prosecution case, more so when their
names have been disclosed in the FIR itself.

11. CASES CONTINUED…
DHARMENDRA SINGH vs. STATE OF U.P. AIR 1990
It was held that the fact that minute details are not mentioned should not be taken to mean the non existence
of the fact stated.
KALYAN vs. STATE OF U.P. AIR 2001
The statement in the FIR must naturally get their due weight.
MANOJ vs. STATE OF MAHARASTRA AIR 1999
It is not an encyclopedia of the entire case. It is sufficient if it given broad spectrum of the incident.
DARSHAN SINGH vs. STATE OF PUNJAB AIR 1983
The fact that the names of some accused are not mentioned in FIR is a circumstances, which the prosecution
has to explain though no rule of law stipulates that an accused whose name is not mentioned in FIR is entitled
to an acquittal.
BISHAN DASS vs. STATE OF PUNJAB AIR 1975
Where no satisfactory explanation is furnished for omission to mention the name of the accused in the FIR, the
Court may doubt the veracity of the prosecution.

12. CASES CONTINUED…
YOUTH BAR ASSOCIATION OF INDIA vs. UNION OF INDIA AIR 2017
The Supreme Court issued the following directions in matters relating to FIR.
a) An accused is entitled to get a copy of the FIR at an earlier stage than as prescribed under Section 207
CrPC.
b) An accused who has reasons to suspect that he has been roped in criminal case and his name may be
finding place in FIR can submit an application.
D.R. BHAGORE vs. STATE OF MAHARASTRA
Omission of important facts affecting probability of the case are relevant under Section 11 of Indian
Evidence Act in judging the veracity of the prosecution case cannot be thrown out merely on the ground
that entirely different version is given by its maker.
KAMINI JAISWAL vs. UNION OF INDIA AIR 2018
It was held that there cannot be registration of any FIR against a High Court Judge or Chief Justice of the
High Court or the Supreme Court Judge without the consultation of the Hon’ble Chief Justice of India and
in case there is an allegation against Hon’ble Chief Justice of India the decision has to be taken by the
Hon’ble President of India.

13. THANK YOU
PLEASE LIKE AND SUBSCRIBE